MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 1 August 2002
         DOCKET NUMBER: AR2002069700

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Samuel A. Crumpler		Chairperson
Mr. Melvin H. Meyer		Member
Ms. Regan K. Smith		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

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APPLICANT REQUESTS: Correction of his military records to show award of the “50th Anniversary Korean Defense Commemorative Medal” (correctly known as the Korean War Service Medal), the “Republic of Vietnam Defense Commemorative Medal”, the “Cold War Victory Commemorative Medal” (correctly known as the Cold War Recognition Certificate), the “U.S. Army Commemorative Medal”, the “Overseas Service Commemorative Medal”, the “Combat Service Commemorative Medal”, the “Armed Forces Retired Commemorative Medal”, the Army Service Ribbon and the “Army Overseas Service Ribbon” (correctly known as the Overseas Service Ribbon).

APPLICANT STATES: In effect, that he qualifies for these medals and ribbons according to a U.S. Army website (http://www.military.com). In support of his application, he submits a copy of his DD Form 214 (Report of Separation from Active Duty); page six of an e-mail titled “The Red Diamond” and an Honorable Discharge Certificate, dated 30 April 1979.

The Board notes that the applicant has requested award of the Korean War Service Medal. On the occasion of the 50th anniversary of the Korean War, the Government of the Republic of Korea issued the Korean War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world. On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign award. The Department of Defense has assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans of all services. In order to assist the applicant, the Board is furnishing him with a copy of the Department of the Air Force administrative instructions for requesting award of the Korean War Service Medal. When the Korean War Service Medal is authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign unit award to his DD Form 214. Based on this information, the applicant’s request for the Korean War Service Medal will not be discussed further in this Memorandum of Consideration.

The Board also notes that the applicant has requested award of the Cold War Recognition Certificate. The award of 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. In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, 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 Cold War Recognition, 4035 Ridge Top Road, Fairfax, Virginia 22030-7445. Based on this information, the applicant’s request for the Cold War Recognition Certificate is not discussed any further.

EVIDENCE OF RECORD: The applicant's military records show:

The applicant enlisted on 25 June 1963. He remained on active duty through continuous reenlistments and served in Korea, Vietnam, Germany and Hawaii.
The applicant was placed on the Temporary Disability Retired List (TDRL) on
31 May 1977. He was removed from the TDRL with entitlement to severance pay effective 30 April 1979.

The applicant’s retirement DD Form 214 does not show the “Republic of Vietnam Defense Commemorative Medal”, the “U.S. Army Commemorative Medal”, the “Overseas Service Commemorative Medal”, the “Combat Service Commemorative Medal”, the “Armed Forces Retired Commemorative Medal”, the Army Service Ribbon or the Overseas Service Ribbon as authorized awards.

Army Regulation 600-8-22 (Military Awards) does not show the “Republic of Vietnam Defense Commemorative Medal”, the “U.S. Army Commemorative Medal”, the “Overseas Service Commemorative Medal”, the “Combat Service Commemorative Medal”, or the “Armed Forces Retired Commemorative Medal” as authorized awards. Therefore, this portion of the applicant’s request will not be discussed further in this Memorandum of Consideration.

There is no evidence in the available records which shows the applicant had an Active Army status on or after 1 August 1981.

The evidence of record shows that the applicant was a graduate of the Noncommissioned Officer Academy. Therefore, the applicant is entitled to award of the Noncommissioned Officer Professional Development Ribbon which will be administratively corrected.

Army Regulation 600-8-22 (Military Awards) shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981. The regulation states, in pertinent part, that 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 upon successful completion of initial entry training. The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. The regulation states, in pertinent part, that 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 Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

Army Regulation 600-8-22 shows that the NonCommissioned Officer Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981. It is awarded to members of Active Army, Army National Guard, and US Army Reserve soldiers for successful completion of designated NCO professional development courses.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. Although the applicant contends that he qualifies for award of the Army Service Ribbon and the Overseas Service Ribbon, there is no evidence that he had an Active Army status on or after 1 August 1981. Therefore, in accordance with the governing regulation, the applicant is not entitled to these ribbons.

2. The Board noted that the applicant was eligible for award of the Noncommissioned Officer Professional Development Ribbon that is not shown on his discharge document. Therefore, the Army Review Boards Agency (ARBA), Support Division, St. Louis is directed to make an administrative correction to the applicant’s discharge document to show this ribbon.

3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

4. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE: Request that the Army Review Boards Agency (ARBA), Support Division, St. Louis furnish the individual concerned a DD Form 215 (Correction to DD Form 214) amending his retirement DD Form 214 with an effective date of
31 May 1977 to show in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) award of the Noncommissioned Officer Professional Development Ribbon.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

SAC____ MHM____ RKS_____ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2002069700
SUFFIX
RECON
DATE BOARDED	20020801
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.