RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 NOVEMBER 2005
      DOCKET NUMBER:  AR20050004699


      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. Rene’ R. Parker               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Robert Duecaster              |     |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 award of the Army Good Conduct Medal (AGCM),
National Defense Service Medal (NDSM), Korea Defense Service Medal (KDSM),
and the Cold War Recognition Certificate.

2.  The applicant states that these awards were not included on his DD Form
214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 2 May 1958, the date of his separation from active duty.
The application submitted in this case is dated 17 March 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 applicant’s military records are not available to the ABCMR for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed that the
applicant’s records were lost or destroyed in that fire.  However, there
was sufficient information contained on the applicant’s DD Form 214 for the
ABCMR to conduct a fair and impartial review of this case.

4.  The applicant was inducted on 24 May 1956.  He completed training as a
321.10, Lineman.  He was credited with 1 year, 5 months, and 21 days of
foreign service.  His last duty assignment was listed as B Company, 51st
Signal Battalion, APO 358 which was located in Uijongbu, Korea.  The
applicant was honorably discharged, in pay grade E-3, on 2 May 1958.

5.  Entries on his DD Form 214 do not show any awards.

6.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier's
conduct and efficiency ratings must have been rated as "excellent" for the
entire period of qualifying service except that a service school efficiency
rating based upon academic proficiency of at least "good" rendered
subsequent to 11 November 1956 was not disqualifying.  However, there was
no right or entitlement to the medal until the immediate commander made a
positive recommendation for its award and until the awarding authority
announced the award in General Orders.

7.  Army Regulation 672-5-1 (Military Awards) provides 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, inclusive.

8.  Army Human Resources Command (HRC) message (Date Time Group          9
February 2004) published implementing instructions for award of the Korea
Defense Service Medal.  This message specified criteria for the award of
the Korea Defense Service Medal as follows:  a) service members of the
armed forces must have served in support of the defense of the Republic of
Korea from 28 July 1954 through a future date to be determined by the
Secretary of Defense; b) the area of eligibility encompasses all land area
of the Republic of Korea, and the contiguous water out to 12 nautical
miles, and all air spaces above the land and water areas; c) service
members must have been mobilized with units or assigned or attached to
units operating in the area of eligibility and have been physically
deployed in the area of eligibility for 30 consecutive or 60 non-
consecutive days.

9.  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, Hoffman II, ATTN:  AHRC-CWRS, 3N45, 200
Stovall Street, Alexandria, Virginia 22030-7445.
DISCUSSION AND CONCLUSIONS:

1.  The fact that the applicant received an honorable discharge is not
sufficient evidence to conclude that his conduct and efficiency ratings
were “excellent” or “good” during his qualification period for the award of
the AGCM.  Additionally, there are no records available to determine
whether the commander recommended the applicant for the AGCM as required.
Therefore, in the absence of such evidence, there is insufficient basis for
award of the AGCM in this case.

2.  The applicant’s record shows that he served in the Army from 24 May
1956 through 2 May 1958.  The award of the NDSM is for honorable active
service for any period between 27 July 1950 through 27 July 1954.  Based on
these dates, the applicant is not eligible for the award.

3.  The applicant’s record shows his last duty assignment as 51st Signal
Battalion, APO 358 which was located in Uijongbu, Korea.  Based upon the
requirements for award of the KDSM, the applicant is entitled to this
award.

4.  Based upon the information provided, the applicant’s request for the
Cold War Recognition Certificate must be requested through HRC.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__SK ___  __JM  ___  __RD___  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 to show the award of
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
award of the Army Good Conduct Medal and National Defense Service Medal.





                                  _____ Stanley Kelley _______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004699                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051115                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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