IN THE CASE OF:
BOARD DATE: 31 March 2011
DOCKET NUMBER: AR20100023649
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the:
* Cold War Victory Medal (determined to refer to the Cold War Recognition Certificate)
* Overseas Service Medal
* American Defense [Service] Medal
* Honorable Service Medal for honorable discharge from the active, Guard, or Reserve forces
2. The applicant states these medals were overlooked at the time of his separation.
3. The applicant provides 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 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 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. Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.
3. He was commissioned a second lieutenant in the U.S. Army Reserve on
17 June 1955 and he entered active service on 1 September 1955.
4. He was assigned to the 46th Surgical Hospital (Mobile Army) in Germany from 27 January 1956 to 18 August 1957.
5. On 2 September 1957, he was honorably released from active duty. He completed 2 years and 2 days of total active service.
6. There is no Honorable Service Medal listed in Army Regulation 600-8-22 for individuals discharged from the active, National Guard, or U.S. Army Reserve forces.
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 status on or after 1 August 1981.
8. Army Regulation 600-8-22 provides 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.
DISCUSSION AND CONCLUSIONS:
1. Although he completed a tour of duty in Germany, the Overseas Service Ribbon was not authorized until 10 April 1981. In order to be authorized this award for completion of his tour in Germany he would have had to have had an active status on or after 1 August 1981. There is no evidence he had an active status on or after 1 August 1981; therefore, he is not authorized the Overseas Service Ribbon or correction of his DD Form 214 to show this ribbon.
2. There is no evidence he served in the American Theater from 8 September 1939 to 7 December 1941. Therefore, he is not authorized the American Defense Service Medal or correction of his DD Form 214 to show this award.
3. Army Regulation 600-8-22 does not list an Honorable Service Medal for honorable discharge from the active, National Guard, or U.S. Army Reserve Forces. Therefore, there is no basis for adding this undetermined award to his DD Form 214.
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) AR20100021634
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100023649
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090011467
Army Regulation 600-8-22 (Military Awards) does not show the "National Guard/Reserve Service Commendation Medal" as an authorized award. Since Army Regulation 600-8-22 does not show the "National Guard/Reserve Service Commendation Medal" as an authorized award, there is no basis for granting the applicant's request for this medal. The applicant did not serve a period of qualifying service for award of the American Defense Service Medal or the National Defense Service Medal.
ARMY | BCMR | CY2010 | 20100013032
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. Based on this information, the applicants request for the Cold War Recognition Certificate will not be discussed any...
ARMY | BCMR | CY2014 | 20140010354
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the: * Army of Occupation Medal * World War II Victory Medal * Overseas Service Ribbon * Cold War Recognition Certificate 2. Based on this information, the applicant's request pertaining to the Cold War Recognition Certificate will not be discussed further in this Record of Proceedings. The applicant's request for award of the Army of...
ARMY | BCMR | CY2007 | 20070014352
Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. Army Regulation 600-8-22 provides for award of the United Nations Service Medal. The applicant is not entitled to award of the American Defense Service Medal, the National Defense Service Medal, the Armed Forces Service Medal, the Army Service...
ARMY | BCMR | CY2010 | 20100024151
The applicant requests, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show all the awards to which he is entitled to, such as the Army Good Conduct Medal, American Defense Service Medal, Overseas Service Ribbon, Army Service Ribbon, Korea Defense Service Medal, and the Cold War Medal. Army Regulation 672-5-1 (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...
ARMY | BCMR | CY2014 | 20140018964
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the: * Overseas Service Ribbon (OSR) * American Defense Medal (correctly known as American Defense Service Medal) * Tet Campaign Medal * Expert Marksman Marksmanship Qualification Badge with Rifle Bar * Honorable Service Medal (correctly known as Honorable Service Commemorative Medal) * Vietnam Defense Medal (correctly known as Vietnam Defense...
ARMY | BCMR | CY2002 | 2002069700C070402
When the Korean War Service Medal is authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign unit award to his DD Form 214. There is no evidence in the available records which shows the applicant had an Active Army status on or after 1 August 1981. Army Regulation 600-8-22 (Military Awards) shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.
ARMY | BCMR | CY2012 | 20120021960
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his specialty number as 464.17 Parachute Rigger, his completion of the Basic Airborne Course in 1962, and awards of the Parachutist Badge, Marksmanship badges, National Defense Service Medal, Cold War Victory Medal, Army Service Ribbon, Overseas Service Ribbon, Honorable Service Medal and National Guard and Reserve Medals. The applicant states that his DD...
ARMY | BCMR | CY2007 | 20070015803
The applicant requests correction of his Certificate of Release or Discharge (DD Form 214) to show award of the Overseas Service Ribbon, Cold War Ribbon, and the Army Lapel Button. Records show that the applicant served a qualifying period of service for award of the Overseas Service Ribbon and the Army Lapel Button. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal for the...
ARMY | BCMR | CY2009 | 20090006450
The applicant's records show he enlisted in the Regular Army for a period of 3 years on 10 April 1959. The issuance of the Cold War Certificate is not within this Board's authority. For Army personnel, the National Personnel Records Center will verify the awards to which a veteran is entitled and forward the request with the verification to the appropriate service department for issuance of the medals.