IN THE CASE OF:	  

		BOARD DATE:	  3 April 2012

		DOCKET NUMBER:  AR20110019834 


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 the National Defense Service Medal (NDSM) be added to his record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  The applicant states he served on active duty from 28 October 1954 through 9 October 1957 during a period of war.  

3.  The applicant provides an extract of the awards regulation and his DD Form 214 in support of the application.  

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 record shows the applicant enlisted in the Regular Army on 28 October 1954, and was trained in and awarded military occupational specialty (MOS) 122.10 (Bridge Specialist).  

3.  The applicant served on active duty for 2 years, 11 months, and 12 days until 9 October 1957, at which time he was honorably released from active duty in the rank of specialist 3.  The DD Form 214 he was issued at the time does not include the NDSM in the list of awards entered.  

4.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-10 contains guidance on the NDSM.  It states it is authorized for honorable active duty service performed during the following periods:

* 27 June 1950-27 July 1954
* 1 January 1961-14 August 1974
* 2 August 1990-30 November 1995
* 11 September 2001-to a date to be determined

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to add the NDSM to his record and DD Form 214 has been carefully considered.  However, there is insufficient evidence to support this claim.  

2.  The governing regulation establishes the specific periods of service during which the NDSM is authorized.  The evidence of record confirms the applicant’s entire period of active duty service (28 October 1954-9 October 1957) was performed after the first period during which the NDSM was authorized which ended on 27 July 1954, and prior to the second period during which the NDSM was authorized which began on 1 January 1961.  Therefore, there is an insufficient evidentiary basis to support granting the requested relief. 

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 that 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)                                         AR20110019834



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ABCMR Record of Proceedings (cont)                                         AR20110019834



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