IN THE CASE OF:
BOARD DATE: 10 August 2010
DOCKET NUMBER: AR20100000691
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 he be awarded the American Defense Service Medal, Secretary of Defense for Defense of Freedom Medal, American Campaign Medal, Cold War Medal, and any other medals he may be entitled to.
2. The applicant states that he was not awarded medals earned for his period of service and desires them to be awarded at this time.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 applicants 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 applicants 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, in effect, 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 (NDAA), 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 Program
ATTN: AHRC-CWRS
1600 Spearhead Division Avenue
Fort Knox, KY 40122
Based on this information, this portion of the applicant's request will not be discussed further in these Proceedings.
3. After serving 3 years of active duty in the Regular Army (RA), the applicant enlisted again in the RA on 27 September 1983 and remained on active duty through a series of continuous reenlistments. He served overseas tours in Germany and Hawaii and he was promoted to the pay grade of E-7 on 1 October 1993.
4. On 30 September 2000, he was honorably retired by reason of sufficient service for retirement and he was transferred to the Retired List in the pay grade of E-7, effective 1 October 2000. He served 20 years and 4 days of total active service.
5. A review of the applicants records fail to show he is entitled to or eligible for any additional awards not already listed on his DD Form 214.
6. The Secretary of Defense Medal for the Defense of Freedom is a decoration established to acknowledge civilian employees of the United States Department of Defense (DoD) who are killed or wounded in the line of duty. It was established on 27 September 2001 and is awarded to DoD civilian employees only.
7. Army Regulation 600-8-22 provides, in pertinent part, for award of the American Defense Service Medal for service within the American Theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.
8. Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal. This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.
DISCUSSION AND CONCLUSIONS:
1. The applicant was an active duty Soldier serving in the pay grade of E-7 at the time of his retirement on 1 October 2000; therefore he could not be eligible to receive the award of the Secretary of Defense Medal for the Defense of Freedom because it is a decoration established to acknowledge civilian employees of the U.S. Department of Defense (DoD) who are killed or wounded in the line of duty. It was established on 27 September 2001 and is awarded to DoD civilian employees only. Therefore, he is not entitled to this award.
2. The applicant did not serve during a qualifying period required for award of the American Defense Service Medal and the American Campaign Medal. Accordingly, there is no basis to award him these awards.
3. A review of his records failed to show entitlement to any additional awards not already reflected on his DD Form 214.
4. In view of the foregoing, there is no basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. 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. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20100000691
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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