PROCEEDINGS

	IN THE CASE OF

	BOARD DATE:            28 October 2003                  
	DOCKET NUMBER:    AR2003086785

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

	Mr. Carl W. S. Chun		Director	
	Mr. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Linda D. Simmons		Member	
	Ms. Marla J. Troup		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests reconsideration of his request that the National Defense Service Medal (NDSM) be added to his record.  

3.  The applicant states, in effect, that his original request that the NDSM be added to his records was based on his active service that ended on 
11 December 1951.  

4.  The Proceedings of the Board’s 4 February 2003 review of the case (AR2002078738) is incorporated herein by reference as if wholly set forth.

5.  The applicant’s records were not available to the Board during its original review of the case and are still not available for this current review.  His records were apparently lost or destroyed in a 1973 fire at the National Personnel Records Center.  

6.  The Board based its original consideration of the case primarily on the applicant’s separation document (WD AGO Form 53-55), which covered his period of active duty service between 6 November 1945 and 15 May 1947.  Based on these service dates, the Board denied the applicant’s request for the NDSM because the award was not given to soldiers who served on active duty prior to June 1950.  

7.  A separation document (DD Form 214) pertaining to the applicant for a period of active duty service he performed from 17 February through 11 December 1951 has now been made available to the Board.  This document shows that while a member of the Army Reserve, the applicant was ordered to active duty on 17 February 1951.  The DD Form 214 confirms that he served on active duty for 9 months and 25 days until being honorably released from active duty (REFRAD) on 11 December 1951.  

8.  Army Regulation 600-8-22 prescribes the Army’s policy concerning individual military awards.  Paragraph 2-10 provides the policy for awarding the NDSM.  It states, in pertinent part, that it is authorized for honorable active service for any period between 27 June 1950 and 27 July 1954.  

CONCLUSIONS:

1.  By regulation, the NDSM is authorized to any member for honorable active service for any period between 27 June 1950 and 27 July 1954.  The evidence confirms that the applicant was ordered to and entered active duty on 
17 February 1951, and that he served for 9 months and 25 days until being honorably separated on 11 December 1951.  

2.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would correct an error or rectify an injustice.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that he individual concerned is entitled to the National Defense Service Medal for his qualifying honorable active duty service between 
17 February and 11 December 1951; and by providing him a corrected separation document that includes this award.  

BOARD VOTE:

___MT__  __LDS___  __RJW     GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond J. Wagner
		   CHAIRPERSON

INDEX

CASE ID	AR2003086785	
SUFFIX		
RECON		
DATE BOARDED	2003/10/	
TYPE OF DISCHARGE	Honorable 	
DATE OF DISCHARGE	1951/12/11	
DISCHARGE AUTHORITY	SR 615-363-5	
DISCHARGE REASON	Rel to Reserve 	
BOARD DECISION	Grant 	
REVIEW AUTHORITY		
ISSUES         1.  115	107.0069	
2.		
3.		
4.		
5.		
6.