IN THE CASE OF:	  

		BOARD DATE:	        24 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080006849 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that he be awarded the Cold War Medal and any awards for his Korean Service to include the Korean Service Medal. 

2.  The applicant essentially states that he should be awarded the Cold War Medal and the Korean Service Medal.

3.  The applicant provides no additional evidence in support of this application.

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 requested the Cold War Medal.  Congress did not specifically authorize a medal for Federal service during the Cold War, but limited its official recognition to 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, United States Army Human Resources Command, Cold War 
Recognition Program, Hoffman II, Room 3N45, ATTN:  AHRC-CWRS, 
200 Stovall Street, Alexandria, VA  22332-0473.  Based on this information, the applicant’s request for the Cold War Medal will not be discussed further in this Record of Proceedings.

3.  The applicant's military records show that he enlisted in the Regular Army on 29 November 1967.  However, on 7 February 1968, he was honorably discharged due to a physical disability which existed prior to service.  

4.  On 20 March 1973, the applicant enlisted in the Regular Army, and served on continuous active duty until he was honorably discharged on 28 July 1992 under the Fiscal Year 1992 Enlisted Voluntary Transition Program.  His overseas service included tours in Korea from 29 September 1977 to 20 September 1978, from 7 November 1984 to 4 November 1985, from 19 May 1988 to 17 May 1989, and from 6 January 1992 to on or about 28 July 1992.  The DD Form 214 that he was issued at the time of his discharge on 28 July 1992 shows that he was awarded the Army Commendation Medal with First Oak Leaf Cluster, the Army Achievement Medal with First Oak Leaf Cluster, the Good Conduct Medal (Fifth Award), the National Defense Service Medal with One Bronze Service Star, the Humanitarian Service Medal, the Noncommissioned Officer Professional Development Ribbon with Numeral 1, the Army Service Ribbon, the Overseas Service Ribbon with Numeral 3, the Driver and Mechanic Badge with Driver-W (for Wheeled Vehicles) Bar, the Aircraft Crewmember Badge, the Gold Recruiter Badge with One Sapphire Star, and the Expert Marksmanship Qualification Badge with Rifle Bar.

5.  The applicant requested that he be awarded the Korean Service Medal.  However, the applicant did not serve in Korea during a qualifying period for award of the Korean Service Medal.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

7.  Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal (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:

1.  The applicant contends that he should be awarded the Korean Service Medal.

2.  While it is clear that the applicant served in Korea on four different occasions, he did not serve in Korea during a qualifying period for award of the Korean Service Medal.  In view of the foregoing, there is no basis for granting relief to the applicant in this case.

3.  However, based on the applicant’s records and the criteria for award of the KDSM, the applicant is entitled to this award.  Accordingly, it would now be appropriate to correct his records as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XXX __  __XXX__  __XXX__   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 amending his Report of Transfer or Discharge (DD Form 214) to show that he was awarded the Korea Defense Service Medal.

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 awarding him the Cold War Medal and the Korean Service Medal.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States throughout his military career.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___        XXX                ___
                CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080006849



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080006849



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1