IN THE CASE OF: BOARD DATE: 14 May 2013 DOCKET NUMBER: AR20120018990 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 (Certificate of Release or Discharge from Active Duty) to show award of the Korea Defense Service Medal (KDSM), Cold War Certificate, and any other awards he may be authorized. 2. The applicant states he did not know about the above awards until last year. 3. The applicant provides no additional documentation. 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, it 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. Based on this information, the applicant’s request for the Cold War Recognition Certificate will not be discussed any further in this Record of Proceedings. 3. On 11 January 1984, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 19D (Cavalry Scout). 4. On 5 March 1987, the applicant departed Fort Riley, KS for duty in the Republic of Korea (ROK). a. On 10 April 1987, he was assigned to Headquarters and Headquarters Troop, 4th Squadron, 7th Cavalry Regiment, 2nd Infantry Division. b. On 11 April 1988, his unit was re-designated as the 5th Troop, 17th Cavalry Regiment. c. On 5 April 1990, he departed the ROK. 5. On 14 May 1990, the applicant was assigned to Fort Irwin, CA. 6. On 7 July 1991, the applicant was released from active duty. He had attained the rank of specialist, pay grade E-4, and had completed 7 years, 5 months, and 27 days of creditable active duty service. 7. The applicant's DD Form 214 shows his awards as: * Army Service Ribbon * Army Achievement Medal with Oak Leaf Cluster * Driver and Mechanic Badge * Overseas Service Ribbon * Army Good Conduct Medal (2nd Award) * National Defense Service Medal * Army Lapel Button * Expert Marksmanship Qualification Badge with Rifle Bar 8. Army Regulation 600-8-22 provides for award of the KDSM. It is authorized for award to members of the armed forces of the United States who have served on active duty in support of the defense of the ROK from 28 July 1954 through a future date to be determined by the Secretary of Defense. DISCUSSION AND CONCLUSIONS: 1. The available evidence clearly shows the applicant served a qualifying period for award of the KDSM. Therefore, this medal should be shown on his DD Form 214. 2. He does not appear to be authorized any other awards. 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 showing, in addition to the awards already shown on his DD Form 214, that he is authorized the Korea 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. ABCMR Record of Proceedings (cont) AR20120018990 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120018990 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1