ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 October 2021 DOCKET NUMBER: AR20210010960 APPLICANT REQUESTS: correction of his service record to reflect he was awarded the National Defense Service Medal for his Reserve service. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 28 March 1960 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states in effect, he requests correction of his service record to reflect that he was awarded the National Defense Service Medal for his Reserve service which concluded on 1 April 1964. At the time his Reserve service was not an eligible period of service, which has since changed. 3. A review of the applicant's service record shows: a. He was inducted into the Army of the United States (AUS) on 2 April 1958. b. The applicant was honorably released from active duty on 28 March 1960 and assigned to the U.S. Army Reserve (USAR) II U.S. Army Corps (Reserve). DD Form 214 shows the applicant completed 1-year, 11-months, and 27-days of active service. c. On 28 March 1960, Special Orders Number 88, issued by Headquarters (HQs), U.S. Army Personnel Center, the applicant was assigned to the USAR Control Group II U.S. Army Corps effective 28 March 1960. d. On 24 April 1963, Special Orders Number 82, issued by HQs, II U.S. Army Corps, he was assigned to the USAR Control Group (Standby) effective 24 April 1963. e. DA Form 24 (Service Record) shows he was assigned to the U.S. Army Reserve (USAR) Control Group (Annual Training) II U.S. Army Corps during the period of 29 March 1960 through 23 April 1963 and to the USAR Control Group (Standby) during the period of 24 April 1963 through 1 April 1964. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. Board members noted that he was inducted into the Army of the United States and entered active duty on 2 April 1958 and he was released from active duty on 28 March 1960. The NDSM was not authorized during this period. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X: X: X: DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Except for the correction addressed in Administrative Note(s) below, the Board found 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. 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. ADMINISTRATIVE NOTE(S): 1. Reference the enclosed request for correction of military records from the subject individual to correct his DD Form 214 for the period ending 28 March 1960, by adding the following decorations: * Marksman Marksmanship Qualification Badge with Rifle Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Sharpshooter Marksmanship Qualification Badge with Rifle (M-1) Bar 2. A review of the records listed below (enclosed) is sufficient to substantiate correction of the DD Form 214 without action by the Board. * DA Form 20 (Enlisted Qualification Record) * DA Form 24 (Service Record) 3. Please correct the applicant's DD Form 214 by adding the award shown in paragraph 1 above. Provide the applicant a copy of the correction, and as applicable the medals and citations. Please ensure that the correction is recorded in the applicant's official military personnel record. REFERENCES: 1. Title 10, USC, 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 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. 2. Army Regulation (AR) 600-8-22 (Military Awards), prescribes Department of the Army (DA) policy, criteria, and administrative instructions concerning individual and unit military awards. Paragraph 2–11 (National Defense Service Medal), a. The National Defense Service Medal was established by EO 10448, 22 April 1953, as amended by EO 11265, 11 January 1966; EO 12776, 18 October 1991, as amended by EO 13293, 28 March 2003 and SECDEF Memorandum, dated 26 April 2002; and EO 13293, dated 28 March 2003. The National Defense Service Medal may be awarded for both active and reserve service as defined below. b. It is awarded for honorable active service for any period between (dates inclusive): * 27 June 1950 and 27 July 1954 (Korea) * 1 January 1961 and 14 August 1974 (Vietnam) c. During the periods listed in paragraph 2–11b (1) and (2) for Korea and Vietnam, service members in the following categories will not be eligible for the National Defense Service Medal: * Members of the ARNG and USAR on short tours of duty to fulfill training obligations under an inactive duty training program * Any service member on temporary duty (TDY) or temporary active duty to serve on boards, courts, commissions, and like organizations * Any service member on active duty for the sole purpose of undergoing a physical examination. 3. Executive Order 13293 (Amendment to Executive Order 10448, establishing the National Defense Service Medal), by the authority vested in me as President of the United States and as Commander in Chief of the Armed Forces of the United States, and in order to extend eligibility for the award of the National Defense Service Medal to members in good standing in the Selected Reserve of the Armed Forces of the United States, it is hereby ordered that Executive Order 10448 of 22 April 1953, as amended, is further amended: * by inserting ''or service in good standing in the Selected Reserve of the Armed Forces'' after ''active military service'' each place it appears; and * by striking ''additional period of active duty'' and inserting in lieu thereof ''additional period;'' nothing in this order shall be construed to impair or otherwise affect the exercise of authority granted by Executive Order 12776 of 8 October 1991 4. Executive Order 11265 (Amending Executive Order No. 10448, Establishing the National Defense Service Medal), by virtue of the authority vested in me as President of the United States and as Commander in Chief of the Armed Forces of the United States, Executive Order No. 10448 of 22 April 1953, entitled "Establishing the National Defense Service Medal," is amended by substituting for paragraphs 1 and 3 thereof the following: The National Defense Service Medal shall be awarded to members of the Armed Forces of the United States who served during any period after 26 June 1950, and before 28 July 1954, or who served during any period after 31 December 1960, which the Secretary of Defense designates as being a period for which active military service merits special recognition. //NOTHING FOLLOWS//