IN THE CASE OF: BOARD DATE: 2 August 2011 DOCKET NUMBER: AR20110000620 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 award of the National Defense Service Medal and any other service ribbons/awards he may be eligible for. 2. He states the criteria for award of the National Defense Service Medal was changed after his discharge in 1962 to include those military members who served on active duty from December 1961 to 1974. He was ordered to active duty on 16 September 1961 until 10 August 1962 during the Berlin Crisis. During his first period of active duty from 10 August 1955 to 23 November 1959, he was stationed in Berlin, Germany from October 1956 to November 1959. He is not familiar with the criteria for any other service awards he might be eligible for. 3. He provides copies of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) ending 23 November 1959 and 10 August 1962. 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 record shows he enlisted in the Regular Army (RA) on 10 August 1955. He served in military specialty 717 (Administrative Specialist). He served in Germany from 12 October 1956 through 19 November 1959. 3. He was honorably released from active (REFRAD) on 23 November 1959, as an overseas returnee, and was transferred to the U.S. Army Reserve (USAR). He was credited with completing 4 years, 3 months, and 14 days of active service and 3 years, 1 month, and 8 days of foreign service and no time lost. 4. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the: * Army Good Conduct Medal * Army of Occupation Medal (Germany) 5. Section 9 (Medal, Decorations, and Citations) of his DA Form 24 (Service Record), for the period covering 10 August 1955 to 23 November 1959, lists the: * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Carbine Bar 6. He reenlisted in the USAR on 15 August 1961. He was ordered to active duty and entered active duty on 16 September 1961. He was honorably REFRAD on 10 August 1962. He was credited with completing 10 months and 25 days of active service, zero foreign service, and no time lost. 7. There are no awards listed in Item 26 of his DD Form 214. 8. 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 evidence of record shows the applicant completed a qualifying period of service for award of the National Defense Service Medal from 16 September 1961 through 10 August 1962. Therefore, he is entitled to this award and its addition to his DD Form 214. 2. The evidence of record also shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Marksman Marksmanship Qualification Badge with Carbine Bar. Therefore, he is entitled to correction to his DD Form 214 to show these awards. 3. There is no evidence of record that shows he is entitled to any other awards for his periods of service ending 23 November 1959 and 10 August 1962. 4. In view of the foregoing, his records should be corrected as recommended below. BOARD VOTE: ___X____ ___X___ ___X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 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: a. adding to Item 26 of his DD Form 214 ending 10 August 1962 the: * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar * Marksman Marksmanship Qualification Badge with Carbine Bar b. issuing him a corrected document showing these changes. _______ _ 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) AR20110000620 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110000620 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1