BOARD DATE: 10 August 2017 DOCKET NUMBER: AR20160001443 BOARD VOTE: ____x_____ __x_____ ___x__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 10 August 2017 DOCKET NUMBER: AR20160001443 BOARD DETERMINATION/RECOMMENDATION: USE THE FOLLOWING PARAGRAPH TO GRANT RELIEF. 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 amending his DD form 214 for the period ending 15 July 2012 by: a. deleting “National Defense Service Medal with one bronze service star”; and b. adding the entry “National Defense Service Medal.” __________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. BOARD DATE: 10 August 2017 DOCKET NUMBER: AR20160001443 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 removal of the bronze service star affixed to his National Defense Service Medal (NDSM). 2. The applicant states: a. he read the regulation and now understands he only completed one qualifying period necessary to receive one NDSM without the bronze service star; and b. he was not present at the time his DD Form 214 (Certificate of Release or Discharge from Active Duty) was prepared. 3. The applicant provides his DD Forms 214 issued on 22 April 2011 and 15 July 2012. 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 Virginia Army National Guard (VAARNG) on 5 January 2010, for a period of 8 years. He entered active duty training during the following periods and was awarded the military occupational specialties indicated: * 9 March – 12 August 2010 (91D – Power Generation Equipment Repairer) * 12 November 2010 – 22 April 2011 (15E – Unmanned Aircraft System Repairer) 3. On 15 May 2011, the applicant was ordered to active duty in support of Operation Enduring Freedom (OEF) and served until he was honorably released from active duty on 15 July 2012, having completed 1 year, 2 months, and 1 day service for that current period. The DD Form 214 issued him at that time includes an entry that shows he earned the NDSM with bronze service star. 4. The applicant currently serves in the VAARNG in the rank of staff sergeant with Detachment 1, Company D, 229th Brigade Engineer Battalion. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-10 contains guidance on award of the NDSM. It indicates the NDSM was authorized for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined. A second or third award of the NDSM is authorized for Soldiers who served in one or more of the four separate periods. It is not authorized for Soldiers who met the criteria in one time period, left active duty, and returned during the same period of eligibility. DISCUSSION: The evidence of record confirms the applicant initially enlisted in the VAARNG on 5 January 2010 and continues to serve today. He has no prior service beginning before 5 January 2010. By regulation, the applicant’s total service to date occurred during one qualifying period of service for the NDSM. He is not authorized a bronze service star for wear with this decoration. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001443 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001443 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2