RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 March 2008
	DOCKET NUMBER:  AR20070015062 


	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

Mrs. Nancy L. Amos

Analyst

The following members, a quorum, were present:


Mr. James B. Gunlicks

Chairperson

Mr. Donald W. Steenfott

Member

Mr. Roland S. Venable

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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 18 April 1962 be amended to add the National Defense Service Medal, the Korea Defense Service Medal, the Overseas Service Ribbon, and any other commemorative awards (i.e., the Cold War Recognition Certificate) he may be authorized.

2.  The applicant makes no additional statement.

3.  The applicant provides no additional evidence.

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 has requested 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 the Commander, U.S. Army Human Resources Command, 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 will not be discussed further in this Record of Proceedings.

3.  After having had prior service, the applicant enlisted in the Regular Army on 11 March 1959.

4.  The applicant served in Korea from 7 January 1960 through 23 January 1961.

5.  On 18 April 1962, the applicant was honorably discharged.  His DD Form    214 for the period ending 18 April 1962 shows he was awarded the Army Good Conduct Medal.

6.  Army Regulation 600-8-2 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between  27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 24 August 1974, both dates inclusive; between 2 August 1990 and             30 November 1995, both dates inclusive; and between 11 September 2001 and to a date to be determined.  

7.  Army Regulation 600-8-22 states the Korea Defense Service Medal is awarded to service members of the armed forces who 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.  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.  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.

8.  Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  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 or active status on or after 1 August 1981.

DISCUSSION AND CONCLUSIONS:

1.  The applicant met the eligibility criteria for award of the National Defense Service Medal and the Korea Defense Service Medal.  These two awards should be added to his DD Form 214 for the period ending 18 April 1962.

2.  The Overseas Service Ribbon was established on 1 August 1981.  The applicant completed a tour in Korea; however, he did not have an Active Army or an active status on that date.  Therefore, he is not eligible for award of the Overseas Service Ribbon.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__jbg___  __dws___  __rsv___  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 adding the National Defense Service Medal and the Korea Defense Service Medal to his DD Form 214 for the period ending 18 April 1962.

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 adding the Overseas Service Ribbon to his DD Form 214 for the period ending 18 April 1962. 




__James B. Gunlicks_
          CHAIRPERSON




INDEX

CASE ID
AR20070015062
SUFFIX

RECON

DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

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

ISSUES         1.
107.0141
2.
107.0079
3.
107.0069
4.

5.

6.