RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            09 January 2007
      DOCKET NUMBER:   AR20060007572


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Jerome Pionk                  |     |Member               |
|     |Mr. Scott Faught                  |     |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, in effect, that he be awarded The Cold War
Recognition Certificate, the Korea Defense Service Medal (KDSM) and the
Korean War Service Medal (KWSM).

2.  The applicant states, in effect, that he believes he is entitled to be
awarded the Cold War Recognition Certificate, the KDSM and the KWSM and to
have them added to his records.

3.  The applicant provides copies of his report of separation (NGB Form 22)
dated 1 October 1984, his orders transferring him to the Retired Reserve, a
copy of his Personnel Qualification Record (DA Form 2-1) and a copy of his
report of separation (DD Form 214).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 1 October 1984.  The application submitted in this case is
dated 18 May 2006.

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 was born on 1 March 1932 and enlisted in the Illinois
Army National Guard (ILARNG) on 23 November 1949.  He completed his
training as an infantryman and remained in the (ILARNG) through continuous
reenlistments.

4.  He was ordered to active duty in the rank of private first class on 15
February 1952 and was transferred to Korea for duty with the 17th Infantry
Regiment.  He was wounded in the Chorwan Valley on 16 July 1953, was
promoted to the rank of corporal on 25 November 1953 and after serving 11
months and 17 days of foreign service, he was transferred to Fort Sheridan,
Illinois, where he was honorably released from active duty (REFRAD) on 31
December 1953 and was transferred back to the ILARNG.  He was awarded the
Korea Service Medal with three bronze service stars, the Combat Infantryman
Badge, the United Nations Service Medal, the National Defense Service Medal
and the Purple Heart.
5.  He remained in the ILARNG and on 25 January 1979, he was issued a
Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter)
informing him that he would be eligible for retired pay upon application at
age 60 (1 Mar 1992).

6.  He was promoted to the rank of sergeant major on 10 June 1983 and on
1 October 1984 he was honorably discharged from the ILARNG and was
transferred to the United States Army Reserve (USAR) Control Group
(Individual Ready Reserve).  On 27 January 1992, he was transferred to the
USAR Control Group (Retired).

7.  A review of the applicant’s records fails to show that he served in
Korea after his departure in 1953.

8.  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 CDR, AHRC, Cold War Recognition, Hoffman II, Attn: AHRC-CWRS,
3N45, 200 Stovall Street, Alexandria, VA 22332-0473.  Based on this
information, the applicant’s request for the Cold War Recognition
Certificate is not discussed any further.

9.  The Government of the Republic of Korea issued the Korean War Service
Medal (ROK-KWSM) 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.  The Department of Defense approved acceptance and wear of the
ROK-KWSM.  To qualify for award of the ROK-KWSM, the veteran must have
served between 25 June 1950 and 27 July 1953 and been on permanent
assignment for 30 consecutive days, or on temporary duty for 60 non-
consecutive days, within the territorial limits of Korea, in the waters
immediately adjacent thereto, or in aerial flight over Korea participating
in actual combat operations or in support of combat operations.

10.  Army Human Resources Command 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant did serve in Korea during the eligibility period for
award of the KWSM.  Accordingly, it would be in the interest of justice to
award him the KWSM at this time and to correct his records accordingly.

2.  However, there is no evidence in the available records to show that he
served in Korea after his departure in 1953.  Therefore, lacking such
evidence, there appears to be no basis to award him the KDSM at this time.


3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 October 1984; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 30 September 1987.  The applicant did not file within
the 3-year statute of limitations; however, based on the available
evidence, it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JA ___  ___JP___  __SF  ___  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 awarding him the KWSM
and correcting his records accordingly.

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 KDSM.




                            ____James Anderholm____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007572                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/01/09                              |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19841001                                |
|DISCHARGE AUTHORITY     |NGR 600-200                             |
|DISCHARGE REASON        |RETIRED RESERVES                        |
|BOARD DECISION          |(PARTIAL GRANT)                         |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |46/DE                                   |
|1.107.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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