RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 March 2008
	DOCKET NUMBER:  AR20070014352 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Mr. Gerald J. Purcell

Member

Ms. Rea M. Nuppenau

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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) as follows:

	a.  Item 19a (Source of Entry) to show “Volunteered for active duty from the U.S. Army Reserve” instead of “Called from Inactive Duty”;

	b.  Item 23a (Specialty Number and Title) to show his specialty title as “Messenger” instead of “Field Communications Crewman”; 

	c.  Item 28 (Service Schools or Colleges, College Training, Courses and/or Post Graduate Courses Successfully Completed) to show he graduated from the I Corps, Noncommissioned Officers Academy, Camp Jecelin, Uijongbu, Korea; and

	d.  Award of the Korean Defense Service Medal, the Cold War Victory Medal [sic], the Good Conduct Medal, the National Defense Service Medal, the Armed Forces Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, the United Nations Medal, the American Defense Service Medal, the American Defense Commemorative, the 50th Anniversary Korean Commemorative, and the National Guard and Reserve Commemorative.

2.  The applicant states that he would like his record corrected to pass on to his sons and that some of the awards in paragraph 1d above were not in existence when he served, but he believes he may qualify for them and would like them added to his record.

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214, dated 21 September 1957.

	b.  DD Form 96 (Disposition Form), Application for Active Duty; and 

	c.  Certificate of Graduation, dated 5 October 1956, I Corps, Noncommissioned Officers Academy, Camp Jecelin, Korea.


CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's complete military records are not available 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, those remaining documents were sufficient in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant has requested award of the Cold War Recognition Certificate.  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.

4.  With prior enlisted service in the U.S. Army Reserve (USAR), the applicant’s DD Form 214 shows that he was called from inactive duty and entered active service in Brattleboro, Vermont, on 5 December 1955 for a period of 2 years, in the grade of private first class (PFC)/E3.  


5.  The applicant’s DD Form 214 shows that he completed 1 year, 11 months, and 17 days of active Federal service, of which 1 year, 4 months, and 5 days was foreign service.  It also shows he was assigned to Headquarters and Headquarters Company, 1st Battle Group, 32nd Infantry, and that he was separated early as an overseas returnee.

6.  The applicant’s DD Form 214 also shows that he was honorably released from active duty and returned to the USAR on 21 September 1957 to complete his remaining service obligations.  This form also shows the following entries:

a.  Item 19a shows he was called from inactive duty;

b.  Item 22a shows his Specialty and title as “310.00, Field Commo [Communications] Crewman”;

c.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the entry “None”; and

d.  Item 28 shows the entry “None.” 

7.  The applicant submitted a copy of his certificate of graduation, dated 5 October 1956, showing he completed the Noncommissioned Officers Course at the I Corps, Noncommissioned Officer Academy, Camp Jecelin, Uijongbu, Korea.

8.  The applicant submitted an undated Disposition Form that shows his application for active duty was recommended for approval by the Officer-in-Charge (OIC), South Vermont Army Reserve Training Center.

9.  The 32nd Infantry Regiment was a subordinate unit of the U.S. Army, 7th Infantry Division.  The 7th Infantry Division was stationed in Japan at the outbreak of the Korea War.  The Division participated in the Inchon Landing and was at the Yalu River when China entered the war.  Following the armistice, the 7th Division defended the Demilitarized Zone (DMZ) in Korea from 1953 to 1971.  Its main garrison was Camp Casey, Tongduchon, Republic of Korea.

10.  Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214.  The regulation stated, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It 

is important that information entered on the form should be complete and accurate.  This regulation specified that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  It also stated, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  In the version in effect at the time, when an enlisted Soldier was ordered or called to active duty from the Reserve Component or the Army National Guard of the United States, Item 19a showed the entry “Ordered from ARNGUS or USAR” or “Called from ARNG” as appropriate.  Item 23 showed the primary specialty number and Item 29 showed the service schools completed and the inclusive dates.

11.  The United States Code (USC) makes the following distinction between "ordering" to active duty from the ARNGUS or USAR and "calling" to active duty from the ARNGUS.

	a.  10 USC §12301 states, "At any time, an authority designated by the Secretary concerned may order a member of a reserve component under his jurisdiction to active duty, or retain him on active duty, with the consent of that member.  However, a member of the Army National Guard of the United States or the Air National Guard of the United States may not be ordered to active duty under this subsection without the consent of the governor or other appropriate authority of the State concerned."

	b.  10 USC §12406 states, "Whenever the United States is invaded or is in danger of invasion by a foreign nation; there is a rebellion or danger of a rebellion against the authority of the Government of the United States; or the President is unable with the regular forces to execute the laws of the United States; the President may call into Federal service members and units of the National Guard of any State."

12.  Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility – land area of the Republic of Korea, or contiguous water out to 12 nautical miles, air space above the land and water area – for 30 consecutive or 60 nonconsecutive days.

13.  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.

14.  Army Regulation 600-8-22 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, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.

15.  Department of Defense 1348.33-M (Manual of Military Decorations & Awards) provides, in pertinent part, that the Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States who, after 1 June 1992, participate, or have participated, as members of United States military units, in a United States military operation that is deemed to be a significant activity; and encounter no foreign armed opposition or imminent threat of hostile actions.  Service members must be members of a unit participating for 1 or more days in the operation within the designated area of eligibility, or meet one or more of the following criteria:  (1) be engaged in direct support for 30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days duration) or for 60 nonconsecutive days provided this support involves entering the area of eligibility; or participate as a regularly assigned crew member of an aircraft flying into, out of, within, or over the area of eligibility in support of the operation.   

16.  Army Regulation 600-8-22 shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  This regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are 
eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

17.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

18.  Army Regulation 600-8-22 provides for award of the United Nations Service Medal.  In Pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.

19.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Defense Service Medal for service within the American Theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.

20.  Most commemorative medals are not officially recognized.  Title 32, Code of Federal Regulations, Part 578 lists and discusses all official US military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official.  AR 600-8-22 (Military Awards) provides that such medals may not be shown on a discharge document (DD Form 214).  In addition, AR 670-1 (Wear and Appearance of Army Uniforms and Insignia) prohibits the wearing of commemorative medals.  Some commemorative medals are authorized by the United States Congress and minted by the US Mint.  The Pearl Harbor Commemorative Medal was minted by the United States Mint and is awarded to those personnel who were in Hawaii on 7 December 1941 during the Japanese attack on Pearl Harbor.  The medal is distributed to eligible personnel through the Pearl Harbor Survivors Association.  However, award of this medal is not governed by the provisions of AR 600-8-22 and as a result it may not be shown on a discharge document.





DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 states in Item 19a "Called from Inactive Duty."  Given that the applicant was a member of the USAR and volunteered for active duty, the correct entry should be "Ordered from USAR."  This correction should be made.

2.  The applicant may have worked as a “Messenger” during a part of his military service, but the available record shows that the MOS the applicant held at the time of his release from active duty was 310.00 “Field Communications Crewman.”  Item 23a of the DD Form 214 was meant to indicate the MOS the Soldier held at the time of his separation.

3.  The applicant’s certificate of graduation shows that he completed the Noncommissioned Officers Course and graduated from the I Corps Noncommissioned Officers Academy on 5 October 1956.  However, the certificate does not indicate the inclusive dates of this course.  In the absence of the course's beginning and ending dates, there is insufficient evidence to show this course on the applicant’s DD Form 214.

4.  Evidence of available record shows that the applicant completed 1 year,
4 months, and 5 days of foreign service; however, the DD Form 214 does not state in which foreign country he served.  He successfully completed the Noncommissioned Officers Course on 5 October 1956 in Korea and was assigned to the 32nd Infantry in Korea prior to his separation on 21 September 1957.  Therefore, there is sufficient evidence that shows he completed the majority, if not all, of his foreign service in Korea.  

5.  The applicant served in Korea from at least October 1956 (the date he graduated from the noncommissioned officers course) to September 1957 (the date he was separated) and is, therefore, entitled to award of the Korea Defense Service Medal.  It should be awarded and added to his final DD Form 214.  

6.  Evidence of record confirms that the applicant served honorably during the period 5 December 1955 to 21 September 1957.  Given the applicant's successful graduation from the Noncommissioned Officers Course, successful completion of his overseas tour in Korea, and advancement to the pay grade of E-4 during his short tenure in service; and lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant his first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.
7.  The applicant is not entitled to award of the American Defense Service Medal, the National Defense Service Medal, the Armed Forces Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, or the United Nations Medal, because he was either not in the Army during the period of eligibility for these awards or did not serve a qualifying period of eligibility for these awards.  

8.  The American Defense Commemorative, the 50th Anniversary Korean Commemorative, and the National Guard and Reserve Commemorative are not recognized awards and cannot be awarded by the Army or added to a Soldier's DD Form 214.

BOARD VOTE:

___rtd__  __gjp___  ___rmn__  GRANT FULL RELIEF 

________  ________  ________  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 5 December 1955 to 21 September 1957;

	b.  awarding the applicant the Korea Defense Service Medal;

	c.  showing award of the Good Conduct Medal (1st Award) and the Korean Defense Service Medal; and

	d.  deleting from Item 19a of his DD Form 214 the phrase "Called from Inactive Duty" and inserting the phrase "Ordered from USAR."


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 Specialty Number and Title; 
Service Schools or Colleges, College Training, Courses and/or Post Graduate Courses Successfully Completed; and award of the National Defense Service Medal, the Armed Forces Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, the United Nations Medal, the American Defense Service Medal, the American Defense Commemorative, the 50th Anniversary Korean Commemorative, and the National Guard and Reserve Commemorative.



							Richard T. Dunbar
	______________________
          		CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.