RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 October 2005
      DOCKET NUMBER:  AR20050000895


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Conrad V. Meyer               |     |Member               |
|     |Ms. Linda M. Barker               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his records be corrected by awarding him
the Army of the Occupation Medal and the Korean Service Medal.

2.  The applicant states, in effect, his records do not include these
awards and he has only recently been advised of his entitlement.

3.  The applicant provides no supporting documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 7 July 1987, the date of his discharge.  The application
submitted in this case is dated 11 January 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The records show the applicant entered active duty on 5 May 1981,
completed training, and was awarded the military occupational specialty
(MOS) 11B (Light Weapons Infantryman).

4.  The record contains a Certificate of Award of the IMJIN Scout Insignia
for commendable service in defense of the Korean Demilitarized Zone for the
period 4 December 1981 through 3 March 1982.

5.  A DA Form 2-1 (Personnel Qualification Record) indicates the applicant
served in Korea from 12 August 1981 through 11 August 1982 with C Company,
1st Battalion, 9th Infantry Regiment; in Germany from 22 March 1983 through
20 January 1985 with A Company, 1st Battalion, 16th Infantry Regiment; and
in Germany from 10 October 1986 through 11 October 1989 with the Combat
Support Company, 5th Battalion, 502nd Infantry Regiment, Berlin Brigade.



6.  The DA Form 2-1 lists his awards and decorations as the Good Conduct
Medal, the Army of Occupation Medal, the Army Service Ribbon, the Overseas
Service Ribbon, the Expert Badge with Grenade Bar, and the Marksman Badge
with Rifle Bar.

7.  The applicant received a general discharge on 7 July 1987.  He had 6
years, 2 months, and 3 days of creditable service.

8.  The 7 July 1987 DD Form 214 (Certificate of Release or Discharge) lists
his awards and decorations as the Good Conduct Medal, the Army Service
Ribbon, the Overseas Service Ribbon, the Expert Badge with Grenade Bar, and
the Marksman Badge with Rifle Bar.

9.  Army Regulation 600-8-22 (Military Awards) provides for award of the
Army of Occupation of Berlin based on qualifying service between 9 May 1945
and 2 October 1990.  The Army of Occupation Medal clasp is a bronze bar 1/8-
inch by 1 1/2 inches with the word "Germany" or "Japan" inscribed thereon,
to denote occupation duty rendered in Europe and/or the Far East.  Clasps
bearing other inscriptions are not authorized.

10.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal.  Award of the Korea Defense Service Medal is based on qualifying
service in the theater of operations between 28 July 1954 and a future date
to be determined by the Secretary of Defense.

11.  As a matter of information, 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 service award to eligible US veterans
of the Korean War, or their surviving next of kin.  The medal is provided
at no cost to veterans.

12.  The Department of Defense assigned responsibility to the Department of
the Air Force for distribution of the Korean War Service Medal to eligible
veterans or their surviving next of kin.  To apply, veterans must submit a
copy of their discharge paper (DD Form 214) to the Awards and Decorations
Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite
12, Randolph Air Force Base, Texas 78150-4714.  A sample request form is
being provided to the applicant.  Once the Korean War Service Medal has
been 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
award to the DD Form 214.

13.  Award of the Cold War Recognition Certificate is not governed by the
provisions of Army Regulation 600-8-22 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 CDR, AHRC, Cold War Recognition, Hoffman
II, Attn: AHRC-CWRS, 3N45, 200 Stovall Street, Alexandria, VA 22332-0473.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Berlin, Germany during the period for which the
Army of Occupation of Berlin Medal was authorized and the award is denoted
on his DA Form 2-1.

2.  The applicant did not serve in Korea during the period for which the
Korean Service Medal was authorized.  However, he did serve during the
period for which the Korea Defense Service Medal is authorized.

3.  Therefore, the applicant's records should be corrected to show that, in
addition to the awards listed on his DD From 214, he is also authorized the
Army of Occupation Medal with Germany Clasp and the Korea Defense Service
Medal.

4.  Additionally, the applicant may be entitled to the Korean War Service
Medal and/or the Cold War Recognition Certificate.  The Board is not
currently authorized to directly act on these awards and the applicant
should apply to the proper authorities as noted above.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__CVM__  _JEV____  __LMB__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by showing that, in
addition to the awards listed on his DD From 214, he is also authorized the
Army of Occupation Medal with Germany Clasp and the Korea Defense Service
Medal.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
Korean Service Medal.




                            ___    James E. Vick___________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050000895                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051026                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |  . . .                                 |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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