PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 October 2002
         DOCKET NUMBER: AR2002075326


         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
Mr. William Blakely		Analyst

The following members, a quorum, were present:

Mr. Raymond J. Wagner		Chairperson
Mr. Roger W. Able		Member
Mr. John T. Meixell		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.

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2. The applicant requests, in effect, that he be awarded all awards and decorations to which he is entitled.

3. The applicant states, in effect, that his separation document (DD Form 214) does not reflect award of the Vietnam Service Commemorative Medal, the
50^th Anniversary Korean Defense Commemorative Medal, the Cold War Victory Medal, the US Army Service Commemorative Medal, the Army Overseas Ribbon, the Overseas Service Commemorative Medal, the Army Service Ribbon, the Army Meritorious Unit Citation with 2 oak leaf clusters, and the Korean Presidential Unit Citation. In support of his application, he submits a copy of his separation document (DD Form 214).

4. The applicant’s military records show that he was inducted into the Army on
18 April 1966. It also shows that he completed training and was awarded military occupational specialty (MOS) 05C (Radio Teletype Operator).

5. The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the Republic of Korea (ROK) from 17 December 1966 to 19 January 1968. It also shows that while serving in the ROK, he was assigned to
Company B, 304^th Signal Battalion, and performed duties in MOS 05C. The record further shows that during his active duty tenure the only awards he received were the National Defense Service Medal and the Sharpshooter Badge with Rifle Bar.

6. The applicant’s disciplinary history includes his acceptance of nonjudicial punishment (NJP) under the provisions of Article 15, Uniformed Code of Military Justice (UCMJ) on 1 July 1967, for being absent without leave (AWOL) for 1 day, and on 18 July 1967, for being drunk and disorderly.

7. On 23 January 1968, the applicant was honorably released from active duty in the rank and pay grade of specialist/ E-4 (SPC/E-4). The DD Form 214 issued to and signed by him on the date of his separation also confirms that he completed a total of 1 year, 9 months, and 6 days of creditable active military service.

8. Army Regulation 600-8-22 (Military Awards) sets forth the Army criteria, policy and instructions concerning individual military awards. It contains no reference to a 50^th Anniversary Korean Defense Commemorative Medal, Cold War Victory Medal, Vietnam Service Commemorative Medal, Overseas Service Commemorative Medal, or US Army Service Commemorative Medal. Paragraph 2-12 contains guidance on award of the Armed Forces Expeditionary Medal. It states, in pertinent part, that it is authorized for service of 30 consecutive days in Korea between 1 October 1966 and 30 June 1974.

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9. Chapter 4 of the awards regulation provides guidance on the award of the Army Good Conduct Medal. It states, in pertinent part, that it is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. It further indicates that it is the immediate unit commander's decision to award the AGCM based on his or her personal knowledge and of the individual's official records.

10. Paragraph 5-4 of the awards regulation contains guidance on awarding the Overseas Service Ribbon (OSR). This award was established by the Secretary of the Army on 10 April 1981, and it is awarded to members of the U.S. Army for successful completion of overseas tours. In order to be eligible for this award, a member must have been serving on active duty on or after 1 August 1981.

11. Paragraph 5-5 contains guidance on awarding the Army Service Ribbon (ASR). It was established by the Secretary of the Army on 10 April 1981, and it is awarded to members of the U.S. Army for successful completion of initial entry training. In order to be eligible for this award, a member must have been serving on active duty on or after 1 August 1981.

12. Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that the applicant’s unit in Korea was not among those awarded the Republic of Korea Presidential Unit Citation by the Korean government. In addition, this source shows that none of the applicant’s active duty units earned a Meritorious Unit Commendation or Presidential Unit Citation during his active duty tenure.

13. However, as a matter of information, section 1084 of the National Defense Authorization Act of 1998, approved the issue of a Cold War Certificate to all members of the Armed Forces who faithfully and honorably served the United States anytime during the period between 2 September 1945 and 26 December 1991. The Cold War Certificate must be requested from the Total Army Personnel Command.

14. In addition, on the occasion of the 50^th 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 service award to eligible US veterans of the Korean War who served in Korea between the outbreak of hostilities on 25 June 1950 and the date the armistice was signed on 27 July 1953. Applications for this award must be made to the Air Force Personnel Center.

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CONCLUSIONS:

1. The Board notes the applicant’s request that all awards and decorations to which he is entitled be added to his records, and it finds partial merit in this claim. In regard to the specific awards the applicant referred to, he is advised that the
50^th Anniversary Korean Defense Commemorative Medal, the Cold War Victory Medal, the US Army Service Commemorative Medal, and the Vietnam Service Commemorative Medal, are not authorized Army or Department of Defense awards. Further, the Korean War Service Medal was authorized only for members who served in Korea between 1950 and 1953. Given the applicant served in Korea between 1966 and 1968, he is not eligible for this award.

2. In addition, the Overseas Service Ribbon and the Army Service Ribbon were authorized only for members who were serving on active duty on or after
1 August 1981. Therefore, since the applicant was released from active duty in 1968, he is not eligible for either of these service ribbons.

3. The evidence of record does contain derogatory information that was likely used by the applicant’s unit commander to deny him the Army Good Conduct Medal, and the Board presumes administrative regularity in the processing of this award. While the Board acknowledges the applicant’s post service good conduct, the Army Good Conduct Medal is awarded for a qualifying period of active duty service and later post service good conduct is not material to its award.

4. The evidence of record also shows that none of the units to which he was assigned while serving on active duty received either a Meritorious Unit Commendation or the Korean Presidential Unit Citation during his active duty tenure. Thus, he is not eligible to receive either of these awards. However, he is entitled to the Armed Forces Expeditionary Medal for his service in Korea between 1966 and 1968. Therefore, the Board concludes that it would be appropriate to add this award to his record at this time.

5. Finally, it appears that the applicant is eligible to receive the Cold War Recognition Certificate. In order to receive this certificate, he should submit a request to the following address: Commander, PERSCOM, Cold War Recognition, Hoffman II, ATTN: TAPC-CWRS, 3N45, 200 Stovall Street, Alexandria, VA 22332-0473.

6. In view of the foregoing, the applicant’s records should be corrected as recommended below.

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RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected showing the individual concerned was awarded the Armed Forces Expeditionary Medal; and by providing him a corrected separation document that includes this award.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__RJW__ __RWA__ __JTM__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION





                  ___ Raymond J. Wagner _
                  CHAIRPERSON

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INDEX

CASE ID	AR2002075236
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/10/10
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	(Partial Relief)
REVIEW AUTHORITY
ISSUES 1.	107.00
2.
3.
4.
5.
6.