MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           15 November 2001
	DOCKET NUMBER:   AR2001059364

	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. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Stanley Kelley		Member	
	Ms. Karen A. Heinz		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:  The applicant states, in effect, that he served his country and believes he is deserving of the NDSM despite the flawed requirements of Army Regulation (AR) 600-8-22.

In support of his application, the applicant submitted:  a letter to the Army Review Boards Agency (ARBA-SL), dated 18 June 2001; Office of Personnel Management Form 52, Notification of Personnel Action; and a newspaper article from the Heilbronn Eagle, dated 22 January 1990.

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

He enlisted in the Regular Army on 27 July 1977 for a period of 3 years.  Following completion of all military training, he was assigned to C Battery, 3rd Battalion, 84th Field Artillery, Germany, where he served until separation.

On 22 July 1980, the applicant was honorably separated from active duty and transferred to the United States Army Reserve (USAR).  He was credited with 2 years, 11 months, and 26 days of creditable service.  On 11 July 1983, the applicant was honorably discharged from the USAR.

On 23 May 2001, ARBA-SL corrected the applicant’s DD Form 214 by awarding him the Good Conduct Medal.

The National Defense Service Medal (NDSM) was established by President Eisenhower per Executive Order 10448, dated 22 April 1953, for service between 27 June 1950 and a date to be announced. On 17 June 1954, the Chief of Staff approved establishment of 27 July 1954 as the termination date for award of the NDSM.  Executive Order 11265, dated 11 January 1966, amended Executive Order 10488, to include a termination date and authorized the Secretary of Defense to establish periods of eligibility subsequent to 31 December 1960.  Eligibility for the award, commencing with the period after 31 December 1960, was established by DOD Directive 1348.7, dated 1 April 1966, and terminated effective 15 August 1974, per letter from Manpower and Reserve Affairs, subject: Termination of Eligibility for the National Defense Service Medal, dated 30 June 1974.  The NDSM was again authorized by memorandum, dated 20 February 1991, from Secretary of Defense Cheney for active service on or after 2 August 1990 with no termination date established.  The termination date was later established as 30 November 1995.

Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.

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’s period of service does not coincide with any of the periods for which the NDSM is authorized.

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

_INW____  __SK ___  __KAH__  DENY APPLICATION

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

INDEX

CASE ID	AR2001059364	
SUFFIX		
RECON		
DATE BOARDED	20011115	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19800722	
DISCHARGE AUTHORITY	AR 635-200, c5-12	
DISCHARGE REASON	Short length of time remaining on active duty precludes reassignment	
BOARD DECISION	DENY	
REVIEW AUTHORITY	Director	
ISSUES         1.	107.0069	
2.		
3.		
4.		
5.		
6.