IN THE CASE OF:	  

		BOARD DATE:	    6 April 2010

		DOCKET NUMBER:  AR20090016198 


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 correction of his DD Form 214 (Report of Transfer or Discharge) to show the following awards:

* Korean Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Cold War Recognition Certificate

2.  The applicant states that due to his initial training, service in Korea and temporary duty in the Republic of Vietnam (RVN), he may be eligible for receipt of the awards listed in paragraph one. 

3.  The applicant provides the following:

* DD Form 47 (Record of Induction)
* AFEES LA 1 (Acknowledgment of Service Obligation)
* DD Form 214 






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 was inducted in the Army of the United States on 21 April 1966. He was trained in and awarded military occupational specialty (MOS) 16D (HAWK Missile Launcher Crewman).  He served 1 year, 11 months, and 29 days of active military service and received an honorable separation on 19 April 1968.

3.  The applicant's DD Form 214 shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the following:

* National Defense Service Medal
* Good Conduct Medal
* Sharpshooter Rifle
* Basic Missileman's Badge

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) he served in Korea during the period 9 September 1966 through 8 October 1967.  The applicant's record is void of any temporary duty (TDY) orders for the RVN during his tour in Korea. 

5.  Army Regulation  600-8-22 (Military Awards) states 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.  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.  

6.  Army Regulation 600-8-22 shows that the Army Service Ribbon was established on 10 April 1981.  This regulation states 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.

7.  Army Regulation 600-8-22 provides 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.

8.  Army Regulation 600-8-22 provides for award of the Vietnam Campaign Medal, correctly known as the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded to all members of the Armed Forces of the United States for qualifying during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

9.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established on 10 April 1981.  The regulation states 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 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.

10.  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 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 CDR, AHRC, Cold War Recognition, Hoffman II, Attn: AHRC-CWRS, 3N45, 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.


DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Korea during the period 9 September 1966 through 
8 October 1967.  This is a qualifying period for award of the Korea Defense Service Medal and he is entitled to correction of his records to show this award.

2.  The applicant's period of service from 21 April 1966 through 19 April 1968 do not meet the qualifying periods of service for the following awards:

* Army Service Ribbon 
* Overseas Service Ribbon

3.  There is insufficient evidence to show the applicant's temporary duty (TDY) status in the Republic of Vietnam during the period 9 September 1966 through 
8 October 1967.  Therefore, there is insufficient evidence on which to correct his DD Form 214 to show the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960).

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 the Korea Defense Service Medal to his DD Form 214.








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 the following:

* Army Service Ribbon
* Overseas Service Ribbon
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal



      ____________X__________
                 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)                                         AR20090016198





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ABCMR Record of Proceedings (cont)                                         AR20090016198



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