BOARD DATE: 1 August 2018 DOCKET NUMBER: AR20160019724 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ ____x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 1 August 2018 DOCKET NUMBER: AR20160019724 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. BOARD DATE: 1 August 2018 DOCKET NUMBER: AR20160019724 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 records to show award of the National Defense Service Medal (NDSM). 2. The applicant states: a. She believes she is qualified for award of the NDSM in accordance with Executive Order 1227 (12776), issued on 8 October 1991. b. She actively served in the U.S. Army Reserve in good standing during the period 2 July 1989 to 6 August 1992. 3. The applicant provides: * U.S. Army Reserve Personnel Center Orders C-06-028761, dated 29 June 1989 * Headquarters, 81st U.S. Army Reserve Command Orders 011-026, dated 20 January 1992 * DA Form 3686 (Leave and Earnings Statement Copy 1 – Member) 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 5 June 1985. 3. On 4 June 1989, she was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). She completed 4 years of net active service. 4. She provided copies of: a. U.S. Army Reserve Personnel Center Orders C-06-028761, dated 29 June 1989, which shows she was relieved from U.S. Army Reserve Control Group (Reinforcement) and assigned her to Headquarters, 81st U.S. Army Reserve Command effective 2 July 1989, b. Headquarters, 81st U.S. Army Reserve Command Orders 011-026, dated 20 January 1992, which shows she voluntarily transferred to Headquarters and Headquarters Company, Trailer 413, 3d U.S. Army, Fort Gillen, GA, effective 3 February 1992, and c. her DA Form 3686 for the period 1 through 30 June 1992 that shows she was paid for two unit training assemblies held on 6 June 1992 and two unit training assemblies held on 7 June 1992. 5. On 14 August 1992, she was honorably discharged from the U.S. Army Reserve. 6. Her Retirement Point Summary recorded in her U.S. Army Human Resources Integrated Web Services record does not show she had any active duty service during the period 2 August 1990 and 30 November 1995, which was a designated qualifying period for award of the NDSM. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal was established by Executive Order 10448, dated 22 April 1953, and has been amended by several executive orders. It is awarded for honorable active service 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. During the above periods, service members in the following categories will not be eligible for this award: members of the Army National Guard and U.S. Army Reserve on short tours of duty to fulfill training obligations under an inactive duty training program; any service member on temporary duty or temporary active duty to serve on boards, courts, commissions, and like organizations; and any service member on active duty for the sole purpose of undergoing a physical examination. b. Service members on active duty, members of the Selected Reserve in good standing, and members of other than the Selected Reserve who were called to active duty for any period between 2 August 1990 and 30 November 1995 and 11 September 2001 to a date to be determined will be eligible. c. During these periods, service members in the following categories will not be considered eligible for the National Defense Service Medal: any service member on active duty for the sole purpose of undergoing a physical examination and any Soldier of the Individual Ready Reserve, Inactive National Guard, or the Standby or Retired Reserve whose active duty service was for training only, or to serve on boards, courts, commissions and like organizations. d. Notwithstanding these limitations, any member of the U.S. Coast Guard or the Reserve or Guard Forces of the Armed Forces who became eligible for award of either the Armed Forces Expeditionary Medal or the Vietnam Service Medal between 1 January 1961 and 14 August 1974 or became eligible for award of the Southwest Asia Service Medal between 2 August 1990 and 30 November 1995 will be eligible for award of the this award. 2. Executive Order 12276, dated 8 October 1991, extended the NDSM to members of the Reserve Components of the Armed Forces of the United States during the period of the Persian Gulf Crisis. 3. Executive Order 13293, dated 28 March 2003, amended Executive Order 10448 which established the NDSM, and inserted, "or service in good standing in the Selected Reserve of the Armed Forces" after "active military service" each place it appears and striking "additional period of active duty" and inserting in lieu thereof, "additional period." DISCUSSION: 1. The applicant contends she qualifies for award of the NDSM in accordance with Executive Order 12276, dated 8 October 1991. 2. Although she may have been in good standing, the evidence of record does not show she had any active duty service during the period 2 August 1990 and 30 November 1995, which was a designated qualifying period for award of the NDSM. Additionally, her Retirement Points Summary and DA Form 3686 show her service during this period was either inactive duty training or unit training assemblies. 3. She did not meet the criteria for award of the NDSM. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160019724 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160019724 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2