BOARD DATE:	  16 December 2010

		DOCKET NUMBER:  AR20100016390 


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 records to show all of his authorized awards and decorations.

2.  The applicant states he recently learned that he may be eligible for additional decorations, including the 50th Anniversary Korean Defense Commemorative, Cold War Victory Commemorative, American Defense Commemorative, Korea Defense Service Medal, Overseas Service Commemorative, United States Army Commemorative, and Honorable Service Commemorative.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and Medals of America Catalog, Volume 96.

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 enlisted in the Regular Army for a period of 3 years on 28 April 1964.  Upon completion of training he was awarded military occupational specialty 71H (Personnel Specialist).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 29 (Qualification in Arms) he qualified Marksman with the M-14 Rifle on 7 June 1964.

   b.  item 31 (Foreign Service) that he served in the U.S. Army Pacific (Republic of Korea) from 22 May 1965 through 10 March 1966.

   c.  item 41 (Awards and Decorations) the Marksman Marksmanship Qualification Badge with (M-14) Rifle Bar, National Defense Service Medal, and Good Conduct Medal (1st Award).

4.  The applicant's DD Form 214 shows he entered active duty on 28 April 1964, was honorably released from active duty on 27 April 1967, and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation:
	
   a.  At the time he had completed 3 years of net active service this period with 9 months and 19 days of foreign service.

   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Good Conduct Medal, and Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  In support of his application, the applicant provides a Medals of America catalog, Volume 96:

   a.  Page 12 has an article titled, "Honor Your Service with Commemorative Medals.  An American Tradition since 1776."  It states, in pertinent part, "Medals of America began striking military service commemorative during the last century to provide Veterans with high quality military commemorative medals for service that Congress, The President or the Department of Defense chose not to recognize with official medals."

   b.  The catalog also describes medals the applicant refers to in his request.  Specifically, the 50th Anniversary Korean Defense Commemorative, Cold War Victory Commemorative, American Defense Commemorative, Korea Defense Service Medal, Overseas Service Commemorative, United States Army Commemorative, and Honorable Service Commemorative (pages 9, 13, and 14).

6.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations:

	a.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

   b.  Army Regulation 600-8-22 does not authorize "commemorative" awards.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show all of his authorized awards and decorations.

2.  The evidence of record shows the applicant served a qualifying period of service in the Republic of Korea for award of the Korea Defense Service Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show this service medal.

3.  The Military Awards regulation does not authorize commemorative awards. These awards are normally created and offered by private organizations. Therefore, the applicant is not entitled to award of the 50th Anniversary Korean Defense Commemorative, Cold War Victory Commemorative, American Defense Commemorative, Overseas Service Commemorative, United States Army Commemorative, and Honorable Service Commemorative by the U.S. Army.

4.  As a matter of information for the applicant, 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 award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 and, as a result, it is not shown on a discharge document, nor is there an authorized Cold War Medal.  Additional information is available on the Internet at:  https://www.hrc.army.mil/site/active/TAGD/coldwar/default.htm.  
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 24 of his DD Form 214 the Korea Defense Service Medal.

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 commemorative medals, including the 50th Anniversary Korean Defense Commemorative, Cold War Victory Commemorative, American Defense Commemorative, Overseas Service Commemorative, United States Army Commemorative, and Honorable Service Commemorative.



      _______ _  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)                                         AR20100016390



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ABCMR Record of Proceedings (cont)                                         AR20100016390



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