RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 April 2008
DOCKET NUMBER: AR20080002711
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 Korea Defense Service Medal and the Cold War Recognition Certificate.
2. The applicant states that Congress approved the above awards two years ago.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 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 applicants request for the Cold War Recognition Certificate will not be discussed further in this Record of Proceedings.
3. The applicant enlisted in the Regular Army on 30 August 1967.
4. The applicant served in Korea from 3 April 1968 through 2 May 1969.
5. The applicant was honorably released from active duty on 21 August 1970, in pay grade E-4, after completing 2 years, 11 months, and 22 days of creditable active service with no lost time. His DD Form 214 shows he was awarded the Armed Forces Expeditionary Medal and the National Defense Service Medal.
6. The applicants records contain no derogatory information. His DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency were rated as excellent throughout his enlistment.
7. Army Regulation 600-8-22 provides for award of the Korea Defense Service Medal 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 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated 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 Soldiers conduct and efficiency ratings must have been rated as excellent for the entire period of qualifying service.
DISCUSSION AND CONCLUSIONS:
1. The applicant met the eligibility criteria for award of the Korea Defense Service Medal, and this award should be added to his DD Form 214.
2. The applicant completed almost 3 years of creditable active service with no lost time. His records contain no derogatory information, and his conduct and efficiency were rated as excellent throughout his enlistment. He met the eligibility criteria for award of the Army Good Conduct Medal.
BOARD VOTE:
__XXX ___ __XXX___ __XXX 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:
a. awarding him the first award of the Army Good Conduct Medal for the period 30 August 1967 through 21 August 1970; and
b. adding the Army Good Conduct Medal and the Korea Defense Service Medal to his DD Form 214.
__XXX___
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080002711
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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