BOARD DATE: 6 April 2017 DOCKET NUMBER: AR20150016696 BOARD VOTE: ___x______ ___x____ __x__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 6 April 2017 DOCKET NUMBER: AR20150016696 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 preparing and issuing the applicant a statement of service for his period of active duty training from 22 January through 12 May 1995, which includes award of the National Defense Service Medal. __________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. BOARD DATE: 6 April 2017 DOCKET NUMBER: AR20150016696 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 requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the National Defense Service Medal (NDSM). 2. The applicant states he was commissioned in June 1993. He was on active duty from January to May 1995. 3. The applicant provides Orders T-11-430324, dated 18 November 1994. 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. On 20 September 1989, the applicant enlisted in the U.S. Army Reserve (USAR) as a Reserve Officers' Training Corps cadet. 3. On 10 June 1993, the applicant was discharged from the USAR to accept a commission in the U.S. Armed Forces. 4. On 11 June 1993, the applicant was appointed as a Reserve commissioned officer in the Army of the United States. 5. His record contains a DA Form 1059 (Service School Academic Evaluation Report) for the period 22 January to 12 May 1995. The document shows he achieved the course standards while attending the Infantry Officer Basic Course as a resident of the U.S. Army Infantry School, Fort Benning, GA. 6. On 25 October 2002, the applicant was honorably discharged from the USAR. 7. The applicant's record does not contain a DD Form 214. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. 2. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The DD Form 214 will be prepared for Reserve Component Soldiers completing 90 days or more of continuous Active Duty Training. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214. 3. Paragraph 2-7 of Army Regulation 635-5 states that a DD Form 214 is not issued to replace record copies or DD Forms 214 lost by Soldiers. If no DD Form 214 is available, issue a statement of service or transcript of military record. 4. The presumption of administrative regularity in the conduct of governmental affairs can be applied to any review unless there is substantial credible evidence to rebut the presumption. In this instance, the "presumption of regularity" is based on Army Regulation 15-185, which states the ABCMR begins its consideration of each case with the presumption of administrative regularity and that the applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The evidence of record shows the applicant entered active duty training (ADT) for the Infantry Officer Basic Course on or about 22 January 1995 and he was released from ADT on or about 12 May 1995. He completed 3 months and 21 days of creditable active service. Based on the applicant's request, it is presumed a DD Form 214 was issued for this period of active service. 2. Evidence shows he served a qualifying period of service for award of the NDSM. 3. By regulation, when a Soldier loses a record DD Form 214, a new DD Form 214 will not be issued to replace the record copy. However, if no DD Form 214 is available, issuing a statement of service or transcript of military record is appropriate. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016696 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016696 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2