RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 May 2007
	DOCKET NUMBER:  AR20060015034 


	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. Gerard W. Schwartz

Acting Director

Mr. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Mr. Michael J. Flynn

Member

Ms. Rose M. Lys

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, award of the Army Commendation Medal, Army Achievement Medal, Cold War Medal, and Korea Defense Service Medal.  He also requests, in effect, review of his records for awards and decorations he is authorized.

2.  The applicant states, in effect, that he has been doing research and believes he is entitled to awards and decorations based on his service in the U.S. Army.  He also states, in effect, that he has received the Cold War Recognition Certificate, was stationed at Camp Page in the Republic of Korea, and participated in operation "Team Spirit" for well over 30 days.

3.  The applicant provides a copy of VA Form 21-4138 (Statement in Support of Claim), dated 6 September 2006; DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 7 August 1982; DA Form 1577 (Authorization for Issuance of Awards), dated 15 November 1996;
3 DA Forms 3686 (JUMPS - Army, Leave and Earnings (LES) Statements), August 1979, June 1980, and November 1980; Headquarters, 25th Infantry Division, Schofield Barracks, Hawaii, Orders 311-12, dated 6 November 1980; DA Form 873 (Certificate of Clearance and/or Security Determination), dated
4 March 1980; Headquarters, 25th Infantry Division, Schofield Barracks, Hawaii memorandum, dated 2 June 1980, subject: Letter of Commendation with
3 endorsements; Headquarters, 2nd Brigade, 25th Infantry Division, Schofield Barracks, Hawaii, Certificate of Achievement, dated 26 September 1980;
DD Form 2774 (Certificate of Recognition), undated; and 2 Veterans of Foreign Wars (VFW) articles, dated May 2006 and August 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on
7 August 1982, the date of his release from active duty (REFRAD).  The application submitted in this case is dated 16 October 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.  Title 10 of the United States Code, section 1130 (10 USC 1130), provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or upgrading of a decoration) either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

4.  The applicant requests award of the Army Commendation Medal and Army Achievement Medal.  However, there are no orders or award certificates on file in his military service records that confirm his entitlement to these awards.  In the absence of authority for these awards, the applicant may request award of the Army Commendation Medal and Army Achievement Medal under the provisions of 10 USC 1130.  The applicant has been notified by separate correspondence of the procedures for applying for the awards under 10 USC 1130.  As a result, these awards will not be discussed further in this Record of Proceedings.

5.  As a matter of information for the applicant, 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 and, as a result, is not shown on a discharge document, nor is there an authorized Cold War Medal.  Additional information is available on the Internet at:  https://www.hrc.army.mil/site/active/TAGD/coldwar/default.htm.  

6.  The applicant requests award of the Cold War Medal, which is most likely a commemorative medal.  Army Regulation 600-8-22 (Military Awards) does not authorize honorary or commemorative awards.  Commemorative and honorary awards are normally created and offered by private organizations and commercial dealers.  As a result, in the absence of authority for this medal, it will not be discussed further in this Record of Proceedings.

7.  The applicant's military service records show that he enlisted in the Regular Army and entered active duty on 8 August 1979.  Upon completion of basic combat training and advanced individual training, the applicant was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman).
8.  The applicant's DA Form 2-1 (Personnel Qualification Record), Item
5 (Oversea), shows that he served in Hawaii from 27 November 1979 through
24 June 1982.  Item 35 (Record of Assignments) shows that the applicant was assigned to Company C, 1st Battalion, 21st Infantry, 25th Infantry Division, Schofield Barracks, Hawaii, from 28 November 1979 to 23 June 1982.  Item
9 (Awards, Decorations and Campaigns) of the DA Form 2-1 shows that he was awarded the Army Service Ribbon, Overseas Service Ribbon, Expert Marksmanship Qualification Badge with Rifle and Hand Grenade Bars, and Basic Marksmanship Qualification Badge with Mortar Bar.  Item 27 (Remarks) contains the handwritten entry "NFC for GCMDL 790808 - 820807" (i.e., Not Favorably Considered for Good Conduct Medal, 8 August 1979 through 7 August 1982).

9.  The applicant's military service records contain a copy of Headquarters,
1st Battalion, 21st Infantry ("GIMLETS"), 25th Infantry Division, Schofield Barracks, Hawaii, memorandum, dated 22 June 1982, subject:  Disqualification of Good Conduct Medal (GCMDL).  This document shows, in pertinent part, that on 22 June 1982, the applicant's commander notified the applicant of his intention to not recommend him for award of the Good Conduct Medal.  This document also shows, in pertinent part, that the applicant indicated that he understood the unfavorable information presented against him, that he elected not to make a statement, and he affixed his signature on the document.

10.  The applicant's military service records contain a copy of his DD Form 214, issued at the time of his separation, and 2 DD Forms 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 4 June 1986 and 22 July 1994.  Item 12 (Record of Service), block f (Foreign Service), shows the applicant completed 2 years, 6 months, and 28 days of foreign service.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows that he was awarded the Army Service Ribbon, Overseas Service Ribbon, Expert Marksmanship Qualification Badge with Rifle and Hand Grenade Bars, and Basic Marksmanship Qualification Badge with Mortar Bar.

11.  In support of his application, the applicant provides a copy of his DD Form 214 and DA Form 1577, which show that he was awarded and issued the Army Service Ribbon, Overseas Service Ribbon, Expert Marksmanship Qualification Badge with Rifle and Hand Grenade Bars, and Basic Marksmanship Qualification Badge with Mortar Bar.  The 3 LES and Headquarters, 25th Infantry Division, Orders 311-12, that he provides, in pertinent part, offer evidence that he entered active duty on 8 August 1979 and was promoted to specialist/pay grade E-4, effective 8 November 1980.  The DA Form 873 shows that the applicant was granted a secret clearance on 19 February 1980.  The Letter of Commendation with 3 endorsements show that the applicant was commended for his support in connection with the Armed Forces Day activities and display at Hickam Air Force Base, Hawaii, on 17 May 1980.  The Certificate of Achievement, dated
26 September 1980, shows he was recognized for his exceptionally meritorious service during his unit's Army Training and Evaluation Program (ARTEP) on
21 & 22 May 1980, at Schofield Barracks, Hawaii.  The DD Form 2774 shows he was recognized for his service during the period of the Cold War.  The 2 VFW articles offer information concerning campaigns, service medals, and casualties during the period 1975 through 1999.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Good Conduct Medal is awarded to individuals who distinguish themselves by their exemplary conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

13.  The Korea Defense Service Medal is authorized to members of the Armed Forces who have served on active duty in support of the defense of the Republic of Korea from 28 July 1954 to a date to be determined.  Headquarters, U. S. Army Human Resources Command, Alexandria, Virginia, message, dated
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 contends, in effect, that he is entitled to award of the Korea Defense Service Medal because he participated in "Team Spirit" exercises in the Republic of Korea for well over 30 days.

2.  The evidence of record shows that the applicant was assigned overseas in Hawaii and completed 2 years, 6 months, and 28 days foreign service during the period under review.  While the Board does not doubt the veracity of the applicant's statement that he participated in "Team Spirit" exercises in the Republic of Korea, the applicant provides insufficient documentary evidence in support of his claim for the Korea Defense Service Medal.

3.  The evidence of record shows, in pertinent part, that to be eligible for the Korea Defense Service Medal a Soldier must have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days.  There is no evidence of record, and the applicant fails to provide documentary evidence, to substantiate that he was physically deployed in the area of eligibility for
30 consecutive or 60 non-consecutive days.  Therefore, there is insufficient evidence upon which to base award of the Korea Defense Service Medal.

4.  The evidence of record shows that the applicant's commander disqualified him for award of the Good Conduct Medal.  Therefore, he is not entitled to correction of his records to show this award.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 7 August 1982; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
6 August 1985.  The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___RTD__  ___MJF _  ___RML_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.




  ___Richard T. Dunbar_____
          CHAIRPERSON




INDEX

CASE ID
AR20060015034
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2004/05/03
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19820807
DISCHARGE AUTHORITY
AR 635-200, Chapter 2
DISCHARGE REASON
Completion of Required Service (ETS)
BOARD DECISION
DENY
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107.0020.0000
2.
107.0025.0000
3.
107.0056.0000
4.
1070141.0000
5.

6.