IN THE CASE OF:	  

	BOARD DATE:	  12 June 2008

	DOCKET NUMBER:  AR20080003846 


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 that the National Defense Service Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states that he was eligible for the National Defense Service Medal but never received it.

3.  The applicant provides his DD Form 214.

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 enlisted in the Regular Army on 28 May 1985.  He was honorably discharged on 28 September 1990 by reason of physical disability.

3.  The applicant’s DD Form 214 shows he was awarded the Army Service Ribbon, the Army Good Conduct Medal, the Army Achievement Medal, and the Overseas Service Ribbon.

4.  Army Regulation 600-8-2 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between  27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 24 August 1974, both dates inclusive; between 2 August 1990 and             30 November 1995, both dates inclusive; and between 11 September 2001 and to a date to be determined.

DISCUSSION AND CONCLUSIONS:

The applicant served during a period of service qualifying for award of the National Defense Service Medal.  This award should be added to his DD Form 214.

BOARD VOTE:

___xx___  ___xx___  ____xx__  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.




 _    ______xxxxxx_________
       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)                                         AR20080003846





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ABCMR Record of Proceedings (cont)                                         AR20080003846



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