IN THE CASE OF:	  

		BOARD DATE:	  8 March 2011

		DOCKET NUMBER:  AR20100022451 


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 (AGCM) and the Cold War Medal.  

2.  The applicant provides no statement or documentary evidence in support of his application.

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 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

Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant was inducted into the Army of the United States on 6 October 1966.  He was trained in and awarded military occupational specialty (MOS) 13A (Field Artillery Basic).  He was advanced to the rank/grade of private first class (PFC)/E-3 on 9 March 1967, and this is the highest rank he held while serving on active duty.

4.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in Germany from 22 March through 12 August 1967.  Item 38 (Record of Assignments) shows he received “excellent” conduct and efficiency ratings at all of his active duty assignments.

5.  Item 41 (Awards and Decorations) of the DA Form 20 shows the applicant earned the National Defense Service Medal (NDSM), Army of Occupation Medal (AOM) – Berlin, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  

6.  The applicant’s record is void of any derogatory information or a unit commander's disqualification that would have precluded award of the AGCM.  

7.  On 8 June 1968, the applicant was honorably released from active duty (REFRAD), by reason of hardship.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time shows he completed 1 year,
3 months, and 3 days of total active service at the time of his REFRAD.


8.  The applicant's record further shows that subsequent to his REFRAD, he continued to actively serve in the USAR until he was honorably discharged on 
10 October 1972 in the rank/grade of specialist four (SP4)/E-4.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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 and there must have been no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be awarded the AGCM has been carefully considered and found to have merit.  By regulation, for the first award only, the AGCM is authorized for a qualifying period of 1 year of honorable active duty service on or after 27 June 1950, upon termination of active federal service.

2.  The applicant’s record is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM.  Further, the record confirms he completed over 1 year of qualifying honorable active federal service and he received “excellent” conduct and efficiency ratings at all of his active duty assignments.  Therefore, it would be appropriate to award him the first award of the AGCM for his qualifying period of honorable active service from 6 October 1966 through 8 January 1968 and to correct his DD Form 214 to show this award.

BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Army Good Conduct Medal (1st Award) for the period
6 October 1966 through 8 January 1968 and adding this award to item 24 of his DD Form 214.



      ___________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)                                         AR20100022451



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ABCMR Record of Proceedings (cont)                                         AR20100022451



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