IN THE CASE OF: BOARD DATE: 31 March 2011 DOCKET NUMBER: AR20100023649 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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the: * Cold War Victory Medal (determined to refer to the Cold War Recognition Certificate) * Overseas Service Medal * American Defense [Service] Medal * Honorable Service Medal for honorable discharge from the active, Guard, or Reserve forces 2. The applicant states these medals were overlooked at the time of his separation. 3. The applicant provides his 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 has requested award of the Cold War Recognition Certificate. The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document. The Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991. The applicant may submit a request in writing to Commander, U.S. Army Human Resources Command, Cold War Recognition, ATTN: AHRC-CWRS, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. Therefore, this portion of the applicant's request will not be discussed further in these Proceedings. 3. He was commissioned a second lieutenant in the U.S. Army Reserve on 17 June 1955 and he entered active service on 1 September 1955. 4. He was assigned to the 46th Surgical Hospital (Mobile Army) in Germany from 27 January 1956 to 18 August 1957. 5. On 2 September 1957, he was honorably released from active duty. He completed 2 years and 2 days of total active service. 6. There is no Honorable Service Medal listed in Army Regulation 600-8-22 for individuals discharged from the active, National Guard, or U.S. Army Reserve forces. 7. Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an active status on or after 1 August 1981. 8. Army Regulation 600-8-22 provides for award of the American Defense Service Medal for service within the American Theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer. DISCUSSION AND CONCLUSIONS: 1. Although he completed a tour of duty in Germany, the Overseas Service Ribbon was not authorized until 10 April 1981. In order to be authorized this award for completion of his tour in Germany he would have had to have had an active status on or after 1 August 1981. There is no evidence he had an active status on or after 1 August 1981; therefore, he is not authorized the Overseas Service Ribbon or correction of his DD Form 214 to show this ribbon. 2. There is no evidence he served in the American Theater from 8 September 1939 to 7 December 1941. Therefore, he is not authorized the American Defense Service Medal or correction of his DD Form 214 to show this award. 3. Army Regulation 600-8-22 does not list an Honorable Service Medal for honorable discharge from the active, National Guard, or U.S. Army Reserve Forces. Therefore, there is no basis for adding this undetermined award to his DD Form 214. 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) AR20100021634 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100023649 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1