IN THE CASE OF:	  

		BOARD DATE:	  16 February 2011

		DOCKET NUMBER:  AR20100020991 


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 award of the Army Good Conduct Medal and the Cold War Certificate.

2.  The applicant states he served honorably and received excellent ratings.  The time limit placed by the Army on this award is unjust.

3.  The applicant provides his reissued 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 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 records show he enlisted in the Regular Army for a period of 3 years on 16 November 1970.  He completed basic combat (BCT) and advanced individual training (AIT) and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  His records show he served in Germany from on or about 15 June 1971 to on or about 1 September 1971 and attained the rank/grade of private first class/E-3.

4.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received the following conduct and efficiency ratings:

* "Excellent" conduct and efficiency ratings during BCT
* "Excellent" conduct and fair efficiency ratings during AIT at Fort Knox, KY
* "Fair" conduct and efficiency ratings during a second AIT at Fort Knox, KY
* "Unknown" conduct and efficiency ratings at his first assignment in Germany

5.  He was recommended on 12 August 1971 for elimination from the Army by reason of unsuitability - personality disorder and he was ultimately honorably discharged on 1 September 1971.

6.  The DD Form 214 he was issued shows he completed 9 months and 16 days of creditable active service.  Additionally, item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Expert Marksmanship Qualification Badge with Pistol Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  

7.  Army Regulation 672-5-1 (Military Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after           27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.

8.  In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act (Public Law 105-85), Congress authorized the Secretary of Defense to award a Cold War Victory Medal to all veterans of the Cold War.  To date, the Secretary of Defense has not awarded a Cold War Victory Medal, but has instead opted to issue a 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 from 2 September 1945 to 26 December 1991.  Eligible personnel must apply for the certificate on their own behalf and may send their requests by regular mail to Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122, with supporting evidence.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served on active duty from 16 November 1970 through 1 September 1971.  He completed 9 months and 16 days of creditable active service.

2.  In order to be eligible for award of the Army Good Conduct Medal a member must serve on active duty for 1 year or more (unless the service is terminated by an in line of duty physical disability or death).  Additionally, the enlisted person must have had all "excellent" conduct and efficiency ratings.  Since the applicant did not serve for a period of 1 or more years and since he did not have all "excellent" conduct and efficiency ratings, he is ineligible for award of the Army Good Conduct Medal.

3.  With respect to the Cold War Recognition Certificate, the issuance of the Cold War Recognition Certificate is not within this Board's authority.  Additionally, 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, may not be shown on a discharge document.  The applicant is advised to contact the address listed in paragraph 8 above to request his certificate.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___  DENY APPLICATION
________  ________  ________  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)                                         AR20100020991



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ABCMR Record of Proceedings (cont)                                         AR20100020991



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