IN THE CASE OF:	  

		BOARD DATE:	        28 APRIL 2009

		DOCKET NUMBER:  AR20080011455 


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 two separate applications, that he be furnished a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) to reflect his service in Korea/Indochina and that he be awarded the Army Commendation Medal, the Army Good Conduct Medal, the Army Reserve Components Achievement Medal (Army National Guard), the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Korea Defense Service Medal, the Vietnam Service Medal, the Armed Forces Service Medal, the Armed Forces Reserve Medal, the United Nations Medal and the Cold War Recognition Certificate.  He also requests that be awarded the Expert Marksmanship Qualification Badge with Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with Pistol and Machine Gun Bars, the Marksman Marksmanship Qualification Badge with Grenade and Bayonet Bars, the Army Service Ribbon, the Overseas Service Ribbon, the Presidential Unit Citation, and the Republic of Korea Presidential Unit Citation.

2.  The applicant states that over the past couple of years he has requested records and awards regarding his service while he was in the military serving in the United States Army, the Army National Guard, and the United States Army Reserve (USAR) from 1973 through 1979.  He states that to date, the records that he has received are incomplete and be believes that the awards are inadequate.  He states that the DD Form 214 (Report of Separation from Active Duty) that he received at the time of his discharge was prepared in haste and that it is not accurate due to emergency leave that he took before the expiration of his term of service.  He states he was under extreme distress and anxiety and he failed to bring his official military personnel file up to date with accurate information.  He states he served overseas in Korea/Indochina and he is requesting confirmation and awards for his service.

3.  The applicant provides no additional documentation in support of his 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 has requested award of 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 Commander, U.S. Army Human Resources Command, Cold War Recognition, ATTN:  AHRC-CWRS, Hoffman II, 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.

3.  On 13 April 1973, the applicant enlisted in the Regular Army (RA) in Milwaukee, Wisconsin, for 3 years in the pay grade of E-1.  He successfully completed his training as a military policeman.  He was transferred to Korea on 10 January 1975.  He extended his enlistment for an additional 4 months on 16 January 1976.

4.  The applicant returned to the Continental United States on 25 February 1976 and he was assigned to the 463rd Military Police Company, Fort Leonard Wood, Missouri.  He extended his enlistment on 26 May 1976 for 1 month.
5.  On 23 September 1976, the applicant was honorably released from active duty (REFRAD) and he was transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation.  He had completed 3 years and 5 months of total active service.  The DD Form 214 that the applicant was furnished shows that he was awarded the Good Conduct Medal, the National Defense Service Medal, the Expert Marksmanship Qualification (Rifle M-16) and the Marksman Marksmanship Qualification Badge (Pistol 45).  His DD Form 214 also shows that he had 1 year and 22 days of foreign and/or sea service during this period and that this foreign service was in Korea.

6.  On 13 August 1977, the applicant was released from the USAR Control Group (Reinforcement) for the purpose of enlisting in the Wisconsin Army National Guard (WIARNG).  He enlisted in the WIARNG for 1 year on 14 August 1977.

7.  The applicant was honorably released from the WIARNG on 13 August 1978 and he was transferred to the USAR Control Group (Ready Reserve).  The NGB Form 22 (National Guard Bureau Report of Separation and Record of Service) that he was furnished shows that he had completed 5 years, 3 months, and 20 days of total service for pay purposes at the time of his release from the WIARNG.

8.  He was honorably discharged from the Ready Reserve on 12 April 1979.  A review of the applicant's records does not show that he had service in Vietnam while he was in the Regular Army, the USAR, or the WIARNG.

9.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10.  The Army Reserve Components Achievement Medal (Army National Guard) is awarded for 4 years of honorable service in the Army National Guard with additional awards denoted by oak leaf clusters.  Effective 28 March 1995, the period of qualifying service for the award was reduced from 4 years to 3 years; however, this change was not retroactive.

11.  Army Regulation 600-8-22 also provides, in pertinent part, for award of the Armed Forces Expeditionary Medal for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes the requirements to:  be a bona fide member in a unit and to be engaged in the operation, or serve in the area of operations for 30 days; be engaged in direct support of the operation for 30 consecutive or 60 nonconsecutive days, provided support involves entering the area of operations; be engaged in combat; participate as a member of an aircraft flying in support of the operation; or be recommended or attached to a unit recommended for award of the medal if the above criteria have not been met.  For service in Korea, the dates of eligibility for this award are from 1 October 1966 through 30 June 1974 for service in Korea.

12.  Army Regulation 600-8-22 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.

	a.  The area of eligibility is 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, and

		(2)  all air spaces above the land and water area.

	b.  The period of eligibility is from 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 for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria:

		(1)  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, 

		(2)  wounded or injured in the line of duty and required medical evacuation from the area of eligibility, or

		(3)  participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Each day that one or more sorties are flown in accordance with these criteria will count as 1 day toward the 30 or 60-day requirement, and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.

		(4)  Due to the extensive time period for Korea Defense Service Medal eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

14.  Department of Defense 1348.33-M (Manual of Military Decorations and 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 of 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.

15.  Army Regulation 600-8-22, in pertinent part, provides for award of the Armed Forces Reserve Medal.  It is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components of the Armed Forces of the United States for a period of 10 years.  The conditions for award of the Armed Forces Reserve Medal include requirements for such service to be completed within 12 consecutive years.  Service in a Regular component of the Armed Forces, tenure in elected state office, tenure as a member of a legislative body of the United States or a state, and service as a judge of a court of record of the United States, a state or territory, or District of Columbia is excluded from credit toward this award but does not constitute a break in service.

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of the United Nations Medal.  This medal is awarded in the name of the Secretary General of the United Nations to personnel in the service of the United Nations for a period of not less than 6 months with the United Nations Observation Group in Lebanon, the United Nations Truce Supervision Organization in Palestine, the United Nations Military Observer Group in India and Pakistan, or the United Nations Security Forces, Hollandia.

17.  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.

18.  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 USAR 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.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

19.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

20.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, does not show that a unit to which the applicant was assigned was awarded the Republic of Korea Presidential Unit Citation.

21.  A review of the available records does not show that the applicant was ever awarded the Sharpshooter Marksmanship Qualification Badge with Pistol and Machine Gun Bars or the Marksman Marksmanship Qualification Badge with Grenade and Bayonet Bars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that that he be furnished a DD Form 215 to reflect his service in Korea/Indochina and that he be awarded the Army Commendation Medal, the Army Good Conduct Medal, the Army Reserve Components Achievement Medal (Army National Guard), the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Korea Defense Service Medal, the Vietnam Service Medal, the Armed Forces Service Medal, the Armed Forces Reserve Medal, the United Nations Medal, the Expert Marksmanship Qualification Badge with Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with Pistol and Machine Gun Bars, the Marksman Marksmanship Qualification Badge with Grenade and Bayonet Bars, the Army Service Ribbon, the Overseas Service Ribbon, the Presidential Unit Citation, and the Republic of Korea Presidential Unit Citation.

2.  The DD Form 214 that the applicant was furnished at the time of his REFRAD already includes the Army Good Conduct Medal, the National Defense Service Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and the Marksman Marksmanship Qualification Badge with Pistol Bar.  His DD Form 214 also includes his service in Korea; therefore, there is no basis for furnishing him a DD Form 215 to reflect this information.

3.  His contention that he is entitled to additional awards has been noted.  However, there is no evidence of record and he provided none to show he was awarded the Army Commendation Medal during his period of active duty.  Based on the applicable regulations, he is not eligible for the Army Reserve Components Achievement Medal (Army National Guard), the Armed Forces Expeditionary Medal, the Vietnam Service Medal, the Armed Forces Service Medal, the Armed Forces Reserve Medal, the United Nations Medal, the Sharpshooter Marksmanship Qualification Badge with Pistol and Machine Gun Bars, the Marksman Marksmanship Qualification Badge with Grenade and Bayonet Bars, the Army Service Ribbon, Overseas Service Ribbon, the Presidential Unit Citation, or the Republic of Korea Presidential Unit Citation.  He has provided no evidence contrary to the applicable regulations and as such he should not be furnished a DD Form 215 reflecting these awards.

4.  In accordance with Army Regulation 600-8-22, the applicant is entitled to the Korea Defense Service Medal and this award should be included on his DD Form 214.

5.  In view of the foregoing, it would now be in the interest of justice to correct the applicant's records as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ___X_____  __X______  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 awarding him the Korea Defense Service Medal and furnishing him a DD Form 215 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 furnishing him a DD Form 215 to show his service in Korea/Indochina and showing he was awarded the Army Commendation Medal, the Army Good Conduct Medal, the Army National Guard Component Achievement Medal, the Armed Forces Expeditionary Medal, the Vietnam Service Medal, the Armed Forces Service Medal, the Armed Forces Reserve Medal, the United Nations Medal, the Sharpshooter Marksmanship Qualification Badge with Pistol and Machine Gun Bars, the Marksman Marksmanship Qualification Badge with Grenade and Bayonet Bars, the Army Service Ribbon, the Overseas Service Ribbon, the Presidential Unit Citation, and the Republic of Korea Presidential Unit Citation.



      _______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)                                         AR20080011455



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ABCMR Record of Proceedings (cont)                                         AR20080011455



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