IN THE CASE OF:
BOARD DATE: 22 September 2015
DOCKET NUMBER: AR20150002784
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect award of the National Defense Service Medal (NDSM).
2. The applicant states:
* he is proud to wear his dress uniform at military funerals and weddings and requests to add the NDSM to his ribbons
* he wants his children to be proud of his service long after he's gone
* receipt of the NDSM would mean a lot him and his family
* he served at the Unit Training Equipment site at Fort Sill, Oklahoma, working on wrecked Army vehicles from the Gulf War and is very proud to have helped with the war effort by working on those vehicles
3. The applicant provides:
* Headquarters, U.S. Army Field Artillery Center and Fort Sill,
Orders 271-249, dated 28 September 1991
* DD Form 214
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the U.S. Army Reserve on 16 May 1991.
3. Military Entrance Processing Station Orders 99-16, dated 18 May 1991, ordered the applicant to initial active duty for training at Fort Sill, Oklahoma, on 7 August 1991 for a period of approximately 8 weeks or completion of basic and military occupational specialty training. He was released from active duty on 9 November 1991 for completion of initial active duty for training. He was credited with 3 months and 3 days of net active service during this period.
4. Headquarters, U.S. Army Field Artillery Center and Fort Sill, Orders 271-249, dated 28 September 1991, released him from attachment to Battery D, 3d Battalion, 321st Field Artillery, and further attached him to the Unit Training Equipment Site Number 2 effective 11 October 1991.
5. Headquarters, 86th U.S. Army Reserve Command, Orders 151-025, dated 11 December 1992, released him from assignment to the 1st U.S. Army Noncommissioned Officer Academy, Fort McCoy, Wisconsin, and reassigned him to the U.S. Army Reserve Control Group (Annual Training) effective 11 December 1992 for unsatisfactory participation.
6. U.S. Army Reserve Personnel Command Orders D-05-929586, dated 18 May 1999, honorably discharged him from the U.S. Army Control Group (Annual Training).
7. Army Regulation 600-8-22 (Military Awards) prescribes the policies, criteria, and administrative instructions concerning individual and unit military decorations, service medals and ribbons, and badges. The NDSM is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. Executive Order 12776 extended award of the NDSM to all members of the Army National Guard and the U.S. Army Reserve who were part of the Selected Reserve in good standing during the period 2 August 1990 through 30 November 1995. Members of other than the Selected Reserve who were called to active duty will also be eligible. During these periods, service members in the following categories will not be considered eligible for the National Defense Service Medal:
(1) any service member on active duty for the sole purpose of undergoing a physical examination; or (2) any Soldier of the Individual Ready Reserve, Inactive National Guard, or the Standby or Retired Reserve whose active duty service was for training only or to serve on boards, courts, commissions, and like organizations.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to reflect award of the NDSM was carefully considered and found to have merit.
2. In accordance with applicable regulatory guidance, he is authorized the NDSM based on his service from 7 August 1991 through 9 November 1991. His DD Form 214 should be amended to show award of the NDSM.
BOARD VOTE:
____X___ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show award of the National Defense Service Medal.
____________X____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20150002784
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ABCMR Record of Proceedings (cont) AR20150002784
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