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Decision Text

ARMY | BCMR | CY2002 | 2002069917C070402
Original file (2002069917C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 18 July 2002
         DOCKET NUMBER: AR2002069917


         I certify that hereinafter is recorded the true and complete record of the proceedings 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. Raymond V. O’Connor Chairperson
Mr. John P. Infante Member
Mr. Stanley Kelley Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

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

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests award of the "Cold War Commemorative Medal" (correctly known as the Cold War Recognition Certificate), the "United States Army Service Commemorative Medal", the "50th Anniversary Korean Medal" (correctly known as the Korean War Service Medal), the "Defense Commemorative Medal" and the "Overseas Service Commemorative Medal".

3. The applicant states, in effect, that these are peace time medals that have been issued to soldiers that have served for a year. In support of his application, he submits a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

4. The Board 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.

5. The Board also 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 these proceedings.

6. The applicant’s military records show that he enlisted on 3 May 1960 for a period of 3 years. He served as a light weapons infantryman in Korea from

16 November 1960 through 14 February 1962 and was honorably released on
2 May 1963.

7. The applicant’s DD Form 214 does not show the "United States Army Service Commemorative Medal", the "Defense Commemorative Medal" or the "Overseas Service Commemorative Medal" as authorized awards.

8. Army Regulation 600-8-22 (Military Awards) does not show the "United States Army Service Commemorative Medal", the "Defense Commemorative Medal" or the "Overseas Service Commemorative Medal" as authorized awards. Therefore, this portion of the applicant’s request will not be discussed further in these proceedings.

9. DA Form 1577 (Authorization for Issuance of Awards), dated 8 February 2002, shows the Department of the Army determined that the applicant was eligible for award of the Good Conduct Medal and the National Defense Service Medal. These awards are not shown on the applicant’s DD Form 214.

10. Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

11. Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.

CONCLUSIONS:

1. Evidence of record shows the applicant is eligible for the first award of the Good Conduct Medal and the National Defense Service Medal. Therefore, the applicant is entitled to correction of his DD Form 214 to show these awards.

2. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Good Conduct Medal and the National Defense Service Medal.
2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

RVO___ JPI_____ SK______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Raymond V. O’Connor____
                  CHAIRPERSON




INDEX

CASE ID AR2002069917
SUFFIX
RECON
DATE BOARDED 20020718
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 107.0000
2. 107.0056
3. 107.0069
4.
5.
6.


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