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ARMY | BCMR | CY2002 | 2002073860C070403
Original file (2002073860C070403.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 8 October 2002
         DOCKET NUMBER: AR2002073860

         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. Beverly A. Young Analyst


The following members, a quorum, were present:

Ms. Jennifer L. Prater Chairperson
Mr. James E. Anderholm Member
Mr. Melvin H. Meyer 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)


APPLICANT REQUESTS: That his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the entries "Vietnam Era Veteran" and "Cold War Veteran."

APPLICANT STATES: That he served on the demilitarized zone (DMZ) in the Republic of Korea from 1968 to 1969 and that he served in the U.S. Army from 1 July 1964 to 1 December 1992.

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

The applicant enlisted in the Army on 1 July 1964 and completed basic and advanced individual training. He completed overseas assignments in Germany and Korea. The applicant continued to serve on active duty through a series of reenlistments and was retired on 30 November 1992 in the rank of first sergeant.

The applicant's DD Form 214 does not show the entries "Vietnam Era Veteran" or "Cold War Veteran."

There was no indication in the applicant's records which show he served in Vietnam.

The Board noted that his records contain a Cold War Recognition Certificate for the period of the Cold War (2 September 1945 through 26 December 1991).

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 Award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards).

Army Regulation 635-5 (Separation Documents) provides instructions for the preparation of the DD Form 214. It states, in pertinent part, that decorations, medals, citations and campaign ribbons awarded and authorized will be listed in the appropriate item of the DD Form 214. This regulation also states that the decorations and awards will be listed in the priority sequence specified in Army Regulation 600-8-22 (Military Awards). This regulation does not authorize the listing of certificates of service or achievement and/or letters of commendation on the DD Form 214. However, Army Regulation 600-8-22 provides that certificates of achievement or certificates and other documents recognizing periods of faithful service or acts which do not meet the criteria for decorations will be distributed to the individual’s Military Personnel Records Jacket and Official Military Personnel File per Army Regulation 600-8-104 (Military Personnel Information Management/Records).

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. The Board considered the applicant's request to add the entry "Vietnam Era Veteran" to his DD Form 214. However, there is no indication that he served in Vietnam and there is no provision in regulation for making this entry on the DD Form 214. Therefore, the Board determined that there is no basis to amend his DD Form 214 to show the entry "Vietnam Era Veteran."

2. The Board also considered the applicant's request to add the entry "Cold War Veteran" to his DD Form 214.

3. The Board noted that the applicant's records contained a Cold War Recognition Certificate. The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 and is not shown on a discharge document. Therefore, there is no basis for amending his DD Form 214 to show the entry "Cold War Veteran."

4. 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.

5. 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.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



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



INDEX

CASE ID AR2002073860
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20021008
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY Mr. Chun
ISSUES 1. 100.0000
2.
3.
4.
5.
6.


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