MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           5 October 2000                   
	DOCKET NUMBER:   AR2000040121

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Jaime Perez		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his Certificate of Release or Discharge from Active Duty, DD Form 214, be corrected to show he was awarded the National Defense Service Medal (NDSM).

APPLICANT STATES:  That a Department of Veterans Affairs counselor told him he should have this ribbon.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the U. S. Army Reserve Delayed Entry Program on 12 March 1996 and enlisted in the Regular Army on 26 April 1996.  He was honorably released from active duty on 25 April 2000.

In the processing of this case, an advisory opinion was obtained from the U. S. Total Army Personnel Command (PERSCOM).  PERSCOM noted that the NDSM is awarded for honorable service for any period between 27 June 1950 and 27 July 1954, between 1 January 1961 and 14 August 1974, and between   2 August 1990 and 30 November 1995.  The termination date for the last eligibility period was disseminated in Military Personnel message number        96-027.  The awards regulation has not yet been updated with this information.

A copy of the advisory opinion was provided to the applicant for comment.  He did not respond within the given time frame.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant enlisted in the Regular Army after 30 November 1995, the termination date for the third eligibility period for award of the NDSM and so is not eligible for award of the NDSM.

2.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__slp___  __eja___  ___jp___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000040121	
SUFFIX		
RECON		
DATE BOARDED	20001005	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0069	
2.		
3.		
4.		
5.		
6.