IN THE CASE OF:
BOARD DATE: 24 September 2015
DOCKET NUMBER: AR20150002848
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 that he was awarded the National Defense Service Medal (NDSM).
2. The applicant states:
* he would like his records to show that he received the NDSM as noted in his military personnel file
* he would like the medal he earned to be reflected in his records for genealogical reasons
3. The applicant provides his:
* DA Form 2-1 (Personnel Qualification Record)
* 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. On 6 January 1987, the applicant enlisted in the Regular Army. After initial training, he was awarded military occupational specialty (MOS) 11B (Light Infantryman).
3. On 14 August 1989, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).
4. On 6 January 1995, he was honorably discharged from the USAR. His discharge orders and a Chronological Statement of Retirement Points indicate he had served with a USAR Troop Program Unit (i.e., as a member of the Selected Reserve) during his USAR service.
5. The applicant provides a copy of his DA Form 2-1 which shows in item 9 (Awards, Decorations and Campaigns) he was awarded the following:
* Army Service Ribbon
* NDSM
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar
6. 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.
7. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the
DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to reflect he was awarded the NDSM while in an active duty status was carefully considered and found to be without merit.
2. In accordance with applicable regulatory guidance, the evidence of record shows the applicant completed a qualifying period of service in the USAR to be awarded the NDSM during his period of service from 15 August 1989 through 6 January 1995. However, the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty and does not list awards received while in the USAR after being released from active duty.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
____________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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20150002848
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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