IN THE CASE OF:	  

		BOARD DATE:	  30 March 2010

		DOCKET NUMBER:  AR20090017051 


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 record and DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Korea Defense Service Medal (KDSM) and the Cold War Medal.

2.  The applicant states he should receive the KDSM because he served in Korea for more than 35 days, and he requests information regarding the Cold War Medal.  

3.  The applicant provides no documents to support his request.

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 record shows he enlisted in the Regular Army on 16 October 1978 and was trained in and awarded military occupational specialty (MOS) 11B (Infantryman).

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows he served in the overseas areas as indicated in item 5 (Overseas Service):

* 27 January 1979-10 November 1981 - Germany 
* 1 March 1982-29 September 1985 - Hawaii
* 21 April 1990-15 April 1991 - Hawaii

4.  Item 35 (Record of Assignments) of his DA Form 2-1 is void of an entry indicating assignment or attachment to a unit in Korea.

5.  The applicant's record is void of orders confirming assignment or attachment to Korea.

6.  On 16 April 1991, the applicant was honorably retired, in the rank/grade of sergeant (SGT)/E-5, by reason of physical disability.

7.  The DD Form 214 issued to the applicant upon his retirement shows he completed 12 years, 6 months, and 1 day of active military service, of which 
7 years, 3 months, and 4 days were served overseas, and earned the following awards:

* Army of Occupation Medal
* Noncommissioned Officer Professional Development Ribbon (2)
* Overseas Service Ribbon (2)
* Army Good Conduct Medal (2)
* Army Service Ribbon
* Parachutist Badge
* United States Army Lapel Button
* National Defense Service Medal
* Expert Infantryman Badge

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-20 contains guidance on the KDSM.  It states the KDSM is authorized for 30 consecutive or 60 non-consecutive days of service (assigned, attached, mobilized) in the Korea area from 28 July 1954 to a date to be determined by the Secretary of Defense.  It further states the criteria are as follows:

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

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

	c.  While 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 one day toward the 30 or 60-day requirement; and

	d.  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.  The Army's award regulation does not list the Cold War Medal as an authorized award and is void on any award guidance on this award.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The instructions for entering awards on the DD Form 214 state to enter all authorized awards in the Army's awards regulation earned during military service.

11.  A Cold War Medal was introduced and debated in Congress; however, it has never been passed into law and/or approved by the President and is not an authorized military award or decoration for United States military forces.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to add the KDSM and Cold War Medal to his record and DD Form 214 has been carefully considered.  However, the evidence is not sufficient to support granting the requested relief.

2.  By regulation, in order to qualify for the KDSM a member must complete 30 consecutive or 60 non-consecutive days of service in Korea.  The evidence of record and independent evidence the applicant provides fails to show he served in Korea during his tenure on active duty.  As a result, the evidence does not support adding this award to the record and DD Form 214. 

3.  By regulation, in order to add an award to the record or DD Form 214, it must be an approved award listed in the Army's awards regulation.  The Cold War Medal was never officially approved by the President and is not included in the list of authorized awards contained in the Army awards regulation.  As a result, the evidence is also not sufficient to support granting this portion of the requested relief. 

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  The applicant is advised 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 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, Room 3N45, 200 Stovall Street, Alexandria, VA 22332-0473.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case 



are insufficient as a basis for correction of the records of the individual concerned.



      _________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)                                         AR20090015073



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ABCMR Record of Proceedings (cont)                                         AR20090017051



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