IN THE CASE OF:	  

		BOARD DATE:	        17 MARCH 2009

		DOCKET NUMBER:  AR20090000607 


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 that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to reflect all awards and decoration he is authorized.

2.  The applicant states that many of the awards were issued after his discharge and he believes he is entitled to have the awards of the Cold War Medal, the    Bi-Centennial Medal, the Army Commemorative Medal, the Korean Occupation Medal, the Belgium Overseas Operation Medal and the French Croix De Guerre Medal added to his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, a letter from a medals vendor, two descriptive documents from the American Order of the French Croix De Guerre, and two articles regarding the Republic of Korea War Service Medal (ROKWSM) and the Korea Defense Service Medal (KDSM).

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’s military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant was inducted in Pittsburgh, Pennsylvania on 10 December 1952.  He completed his training as a military policeman and was transferred to an overseas location that appears to be Korea.  His DD Form 214 reflects that he was last assigned to Headquarters and Service Company, 14th Transportation Port Battalion, Korea, a unit that was awarded the French Croix De Guerre during World War II (WWII).  

4.  The applicant was promoted to the rank of corporal on 15 March 1954 and after serving 1 year, 5 months, and 8 days of foreign service, he was honorably released from active duty (REFRAD) at Fort Meade, Maryland on 16 November 1954 and was transferred to the U.S. Army Reserve (USAR) to complete his statutory service obligation.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 issued at the time of his REFRAD shows that he was awarded the Korean Service Medal with one bronze service star, the National Defense Service Medal, the Republic of Korea Presidential Unit Citation, the Good Conduct Medal, and the United Nations Service Medal.

6.  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, Hoffman II, Attn: AHRC-CWRS, 3N45, 200 Stovall Street, Alexandria, VA 22332-0473.  The Department of Defense (DoD) has never authorized the creation of a Cold War Medal and thus it is not an authorized medal.

7.  Army Regulation 600-8-22 states that the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1954.  The service prescribed must have been performed as follows:

   a.  while on permanent assignment;

   b.  while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or 

   c.  while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations. 

8.  Army Regulation 600-8-22 also provides, in pertinent part, 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.  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 area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  The Soldiers 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:  

a.  be engaged in combat during an armed engagement, regardless of the 
time in the area of eligibility;

b.  wounded or injured in the line of duty and required medical evacuation 
from the area of eligibility; or

c.  participate 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 one 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.  Due to the extensive time period for KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.
9.  Army Regulation 600-8-22 further provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility.  For award of the Army of Occupation Medal for Korea, the service must have occurred between 3 September 1945 and 29 June 1949, inclusive.

10.  Army Regulation 600-8-22 serves as the authority for military awards and decorations.  The regulation provides a listing of all military awards and decorations that are authorized for Army personnel.  The Cold War Medal, the Bi-Centennial Medal, the Army Commemorative Medal and the Belgian Overseas Operation Medal are not listed as authorized awards.

11.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.

12.  Army Regulation 670-1 further states that an individual who was not present with a unit during the period cited for permanent wear of a unit award may be authorized temporary wear only for the duration of assignment to the unit.

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding that the applicant has provided no evidence to show that he was actually authorized the awards in question, the applicant's contention that awards of the Cold War Medal, the Bi-Centennial Medal, the Army Commemorative Medal, and the Belgian Overseas Operation Medal should be added to his DD Form 214 has been noted and found to lack merit because they are not awards authorized for wear by DoD.

2.  The applicant's contention that the award of the Army Occupation Medal for his service in Korea should be added to his DD Form 214 has been noted and also found to lack merit.  The applicant did not serve in Korea during the period that qualified for that award.

3.  The applicant's contention that the award of the French Croix De Guerre should be added to his DD Form 214 has been noted and found to lack merit as well.  While the applicant's unit was awarded the French Croix De Guerre, it was awarded for the unit's participation during WWII.  Accordingly, the applicant was 

only authorized to wear that award on a temporary basis while assigned to the unit.  Permanent wear of unit awards is reserved only for members of the unit who were serving during the period for which the award was given.  The applicant does not qualify for permanent award of the French Croix De Guerre.

4.  However, the evidence of record does establish that the applicant is entitled to awards of the ROKWSM and the KDSM for his service in Korea.  Accordingly, it would be appropriate to award him those awards at this time and correct his records accordingly.

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 adding to item 27 of the applicant's DD Form 214 the ROKWSM and the KDSM.

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 awards of the Cold War Medal, the Bi-Centennial Medal, the Army Commemorative Medal, the Korean Occupation Medal, the Belgian Overseas Operation Medal, and the French Croix De Guerre to his DD Form 214.



      _______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)                                         AR20090000607



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ABCMR Record of Proceedings (cont)                                         AR20090000607



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