MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            5 April 2001
	DOCKET NUMBER:   AR2000050433

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. Harry B. Oberg		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 he be awarded the National Defense Service Medal (NDSM).

APPLICANT STATES:  In effect, that he should have been awarded the NDSM for his active service.  In support of his application he submits a copy of his report of separation (DD Form 214) and a page from Army Regulation 600-8-22 pertaining to the award of the NDSM.

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

He enlisted in the New York Army National Guard (NYARNG) on 26 September 1970 for a period of 6 years and was ordered to active duty for training (ACDUTRA) on 29 December 1970.  

On 23 May 1971 he was honorably released from ACDUTRA and was transferred back to his NYARNG unit to complete his service remaining obligation.  He had served 4 months and 25 days of ACDUTRA during the period in question and was awarded the Expert Marksmanship Badge with rifle bar.  He was subsequently discharged from the NYARNG with an honorable discharge on 25 September 1976, due to his expiration of term of service (ETS).

Army Regulation 600-8-22 provides the criteria for awards and decorations.  It states, in pertinent part, that the NDSM is awarded for honorable active service for the period of 1 January 1961 to 14 August 1974.  For the purposes of awards of the NDSM, Army National Guard and Reserve personnel on short tours of active duty to perform/fulfill training obligations under an active duty program will not be considered as performing active service for award of the NDSM.

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.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The applicable regulation governing the award of the NDSM clearly provides that ACDUTRA for National Guard and Reserve personnel does not qualify for award of the NDSM.  Therefore, in the absence of evidence to show otherwise, it appears that he was not then nor is he now eligible for award of the NDSM.

3.  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

___jh ___  ___hbo__  __cla____  DENY APPLICATION

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

INDEX

CASE ID	AR2000050433	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/04/05	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  115	107.0069/NDSM	
2.		
3.		
4.		
5.		
6.