IN THE CASE OF:	  

		BOARD DATE:	  16 November 2010

		DOCKET NUMBER:  AR20100013032 


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 his DD Form 214 (Report of Separation from Active Duty) with an effective date of 4 September 1979 be corrected to show he was authorized the:

* Cold War Victory Medal (determined to be the Cold War Recognition Certificate)
* American Defense Service Medal
* Overseas Service Ribbon
* Honorable Service Medal (determined to be the Army Lapel Button)

2.  The applicant states he served honorably from 1977 to 1979.  He states he served "in Germany attached to a Pershing Nuke Unit."

3.  The applicant provides a copy of his 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 has requested award of the Cold War Recognition Certificate.  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.  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, 1600 Spearhead Division Avenue, Fort Knox, KY  40122. Based on this information, the applicant’s request for the Cold War Recognition Certificate will not be discussed any further in this Record of Proceedings.

3.  The applicant's military personnel records show he enlisted, at the age of 17,  in the Regular Army on 8 March 1977 for a period of 3 years.  On 6 July 1977, he was assigned to the 3rd Battalion, 84th Field Artillery in Germany.

4.  On 20 July 1979, the applicant's commander recommended he be discharged prior to the expiration of his enlistment due to his personal abuse of alcohol.  On 23 July 1979, the appropriate authority directed the applicant be discharged for personal abuse of alcohol.

5.  On 4 September 1979, the applicant was discharged by reason of alcohol or other drug abuse.  He had completed 2 years, 5 months, and 27 days of active service that was characterized as honorable.

6.  Army Regulation 600-8-22 states the American Defense Service Medal is awarded 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.

7.  Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  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.  

8.  Army Regulation 600-8-22 states the Army Lapel Button is a gratuitous issue and the eligibility requirements include:  

	a.  transitioning with an honorable characterization of service;  

	b.  transitioning under a non-adverse separation provision (adverse separations include drug or alcohol abuse); and

	c.  having had active Federal service on or after 1 April 1984 or service in a Ready Reserve unit organized to serve as a unit (Army National Guard unit or Army Reserve troop program unit) on or after 1 July 1986.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is authorized the: 

* American Defense Service Medal
* Overseas Service Ribbon
* Honorable Service Medal (determined to be the Army Lapel Button)

2.  The applicant could not have served during the period 8 September 1939 and 7 December 1941.  Therefore, he is not authorized the American Defense Service Medal.

3.  Based on the applicant's discharge before the expiration of his enlistment he did not successfully complete his overseas tour.  In addition, in order for him to receive a retroactive award of the Overseas Service Ribbon he would have had to have been in an Active Army Status on or after 1 August 1981.  He was discharged on 4 September 1979 with no evidence of his reentering the Army.  Therefore, he is not authorized the Overseas Service Ribbon.

4.  The applicant was discharged based on his alcohol abuse which is considered an adverse separation.  In addition, he had no active Federal service on or after 1 April 1984 or service in a Ready Reserve unit organized to serve as a unit on or after 1 July 1986.  Therefore, he is not authorized the Army Lapel Button.


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)                                         AR20100013032





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ABCMR Record of Proceedings (cont)                                         AR20100013032



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