IN THE CASE OF:	  

		BOARD DATE:	    1 February 2011

		DOCKET NUMBER:  AR20100019915 


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 her DD Form 214 (Report of Separation from Active Duty) to show the National Defense Service Medal.  She also requests to be issued the Army Good Conduct Medal.

2.  The applicant states she did the time and should be awarded the medals.  She adds that her DD Form 214 reflects the Army Good Conduct Medal, but she never received the medal.

3.  The applicant provides a 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 was awarded the Army Good Conduct Medal and is requesting issuance of the medal; however, medals are not issued by the ABCMR.  She may obtain her medals by submitting a request in writing to:  National Personnel Records Center, ATTN:  Army Reference Branch, 9700 Page Boulevard, St. Louis, Missouri  63132-5200.  Therefore, this issue will not be discussed further in this Record of Proceedings.

3.  The applicant enlisted in the Regular Army on 13 January 1975.  Upon completion of initial entry training she was awarded military occupational specialty 95B (Military Police).

4.  She was released from active duty on 12 July 1978.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214 does not show the National Defense Service Medal.

5.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her DD Form 214 should be corrected to show the National Defense Service Medal was carefully considered.

2.  She served on active duty from 13 January 1975 to 12 July 1978.  Therefore, she did not serve on active duty during a period of qualifying service for award of the National Defense Service Medal.

3.  Based on the foregoing, her request should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X___  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _ 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)                                         AR20100019915



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ABCMR Record of Proceedings (cont)                                         AR20100019915



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