IN THE CASE OF: BOARD DATE: 23 May 2012 DOCKET NUMBER: AR20110021886 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 records to show his birth year as 1941 instead of 1939 and award of the National Defense Service Medal (NDSM). 2. The applicant states: * his birth year is erroneously listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * his military service was between 1 January 1969 and 14 August 1974 and this entitles him to award and annotation of the NDSM on his DD Form 214 3. The applicant provides: * birth certificate * NDSM criteria * 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 14 November 1961. He completed training and was awarded the military occupational specialty 111 (Light Weapons Infantryman). The highest rank/grade he attained while on active duty was private/E-2. 3. The applicant's DD Form 4 (Enlistment Record – Armed Forces of the U.S.), dated 14 November 1961, show his birth year as 1941. 4. Item 3 (Date of Birth) of the applicant's DA Form 20 (Enlisted Qualification Record) show his birth year as 1941, but was changed to show 1939. 5. The applicant's DA Form 24 (Service Record), section 5 (Service Outside Continental U.S.) shows he departed the U.S. on 15 January 1963 and arrived in Germany on 23 January 1963. He returned to the U.S. on 9 November 1964. 6. On 9 November 1964, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group for annual training. He completed 2 years, 11 months, and 26 days of active military service. 7. Section 9 (Medal, Decorations, and Citations) of the applicant's DA Form 24 does not show award of the NDSM. 9. Item 6 (Date of Birth) of the applicant's DD Form 214 shows his birth year as 1939. 10. Item 26 (Decorations, Medal, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the NDSM. 11. The applicant provides a copy of his DD Form 214 and birth certificate which shows his birth year as 1941. 12. 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. Second and subsequent awards of the NDSM are denoted by a bronze service star affixed to the NDSM. 13. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated that the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DISCUSSION AND CONCLUSIONS: 1. The applicant's requests to change his birth year on his DD Form 214 and award of the NDSM were carefully considered and determined to have merit. 2. The evidence from his records and his birth certificate show his birth year as 1941. Therefore, he is entitled to have his DD Form 214 corrected to show his birth year as "41." 3. The applicant served during a qualifying period of service for award of the NDSM. Therefore, he is entitled to award of the NDSM and correction of his DD Form 214 to show this award. BOARD VOTE: ___X____ ___X ___ ____X___ 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: a. amending his DD Form 214, item 6, to show his birth year as "41" and, b. adding the NDSM to item 26 of his DD Form 214. _______ _ 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) AR20110021886 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110021886 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1