IN THE CASE OF:	  

		BOARD DATE:	  13 April 2011

		DOCKET NUMBER:  AR20100024151 


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, 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.

2.  The applicant states:

* he wants his DD Form 214 corrected
* he wants the medals sent to him
* he is entitled to these awards because of his honorable military service 

3.  The applicant provides:

* his DD Form 214
* correspondence from his Member of Congress

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 enlisted in the Regular Army on 17 February 1969 for a period of 3 years.  He served as a unit supply specialist in Korea from 22 September 1969 to 1 November 1971.  On 4 November 1971, he was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 after completing
2 years, 8 months, and 18 days of total active service with no time lost.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Armed Forces Expeditionary Medal (Korea)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)


5.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His record shows he received "excellent" conduct and efficiency ratings throughout his service except for one service school efficiency rating of "Good" (academic) during the period
26 April 1969 through 21 June 1969.

6.  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 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.  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.

7.  Army Regulation 600-8-22 (Military Awards) 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.

8.  Army Regulation 600-8-22 states the Army 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 upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

9.  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.

10.  Army Regulation 600-8-22 states 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.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was released from active duty in the rank/grade of SGT/E-5 with 2 years, 8 months, and 18 days of total active service with no time lost.  His record also shows he received "excellent" conduct and efficiency ratings (with one academic "good" rating) throughout his service with no disciplinary action or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the Good Conduct Medal for the period 17 February 1969 through 4 November 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal and his DD Form 214 should be corrected to show this award.

2.  Since he did not serve a period of qualifying service for award of the American Defense Service Medal, there is no basis for granting his request for this medal. 

3.  Since he did not have an Active Army status after 1 August 1981 he is not entitled to the Army Service Ribbon or the Overseas Service Ribbon.  Therefore, there is no basis for granting this portion of his request.

4.  He served a period of qualifying service for the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

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:


	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 
17 February 1969 through 4 November 1971; and

	b.  adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* 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 award of the American Defense Service Medal, Army Service Ribbon, and the Overseas Service Ribbon.



      __________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)                                         AR20100024151



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ABCMR Record of Proceedings (cont)                                         AR20100024151



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