RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 06 March 2008
DOCKET NUMBER: AR20070015900
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. Dean L. Turnbull
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 that his records be corrected to show awards of the Korea Defense Service Medal (KDSM), Cold War Service Medal (known as the Cold War Recognition Certificate) or Commemorative Medal and Certificate.
2. The applicant states, in effect, that he was awarded both decorations after his discharge from military service.
3. The applicant does not provide any additional documentation.
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 applicants 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 applicants 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 military Personnel record shows that he enlisted in the Regular Army on 9 September 1963. He completed all the necessary training requirements and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows that he served a tour in the Republic of Korea during the period
3 February 1964 to 20 February 1965.
4. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the award of the Expert Marksmanship Qualification Badge with Pistol and Rifle Bars, Army Good Conduct Medal, and the National Defense Service Medal. However, it does not show the KDSM.
5. The applicant has requested the Cold War Service Medal (Known as the Cold War Recognition Certificate). The award is not governed by the provisions of the Army Regulation 600-8-22 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 Commander, Army Human Resources Command, Cold War Recognition, Hoffman II, Attn: AHRC-CWRS, 3N45, 200 Stovall Street, Alexandria, VA
22332-0473. There will be no further discussion of this issue in this Record of Proceedings.
6. Army Regulation 600-8-22 (Military Awards) does not provide for award of commemorative medals or certificates. Commemorative medals and certificates are not recorded on a discharge document. This will also not be further discussed in this Record of Proceedings.
7. Army Regulation 600-8-22 states that the KDSM 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 area of eligibility and period of eligibility are as follows: (1) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, (2) all air spaces above the land and water area. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
The evidence shows that the applicant is authorized the award of the KDSM for his service in the Republic of Korea for the period 3 February 1964 to
20 February 1965. Therefore, he is entitled to correction of his records to show this award.
BOARD VOTE:
__JBG__ __RSV___ __DWS _ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the KDSM.
___James B. Gunlicks __
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.
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