IN THE CASE OF: BOARD DATE: 24 April 2014 DOCKET NUMBER: AR20130015266 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, the son of the deceased former service member (FSM) requests correction of the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the National Defense Service Medal (NDSM). 2. The applicant states the FSM served in the U.S. Army from 30 September 1950 to 27 October 1951 and is eligible for award of the NDSM. 3. The applicant provides copies of: * DD Form 214 * FSM's Certificate of Death * Applicant's birth certificate 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. The applicant's military records are not available for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, the applicant has provided sufficient documents for the Board to conduct a fair and impartial review of this specific request. 3. The FSM's DD Form 214 shows: * He entered active duty on 30 September 1950 * He served on active duty for 1 year, 1 month, and 10 days * He had completed 6 years, 9 months, and 6 of prior service * He was separated on 27 October 1951 and transferred to the Enlisted Reserve * His characterization of service was honorable * No awards or decorations for this period of service 4. Army Regulation 600-8-22 as amended provides that the NDSM is awarded for honorable active service for any period 27 July 1950 through 27 July 1954. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that the FSM's DD Form 214 should be corrected to show award of the NDSM. 2. The FSM's DD form 214 clearly indicates that he served on active duty during a qualifying period for award of the NDSM and received an honorable characterization of service. Therefore, his DD form 214 should be corrected to show the NDSM. BOARD VOTE: ___X____ ___X____ ___X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the National Defense Service Medal to his DD Form 214. _________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) AR20130015266 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130015266 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1