IN THE CASE OF:	  

		BOARD DATE:	  26 April 2011

		DOCKET NUMBER:  AR20100025607 


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 Overseas Service Ribbon, United Nations Service Medal, Korean Service Medal, Cold War service award, and any other medals to which he is entitled.

2.  The applicant states he served with Headquarters Company, 51st Signal Battalion, I Corps during the period October 1959 to December 1960 and he received combat pay.  He goes on to state that he believes he is entitled to awards for his service in Korea and for serving during the time of the Berlin Crisis.

3.  The applicant provides no additional documents.

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 has requested, in effect, 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 the Commander, U.S. Army Human Resources Command, Cold War Recognition, ATTN:  AHRC-CWRS, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  Based on this information, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant enlisted in the Regular Army in Providence, RI under the “Buddy Assignment Plan” on 30 April 1959 for a period of 3 years and training as a power generator specialist.

4.  He completed his basic training at Fort Benning, GA and his advanced individual training at Fort Belvoir, VA, before departing for assignment to Korea on 17 October 1959.  He arrived in Korea on 3 November 1959 and he was assigned to Headquarters Company, 51st Signal Battalion.

5.  He departed Korea on 22 November 1960 aboard the USS Mitchell and arrived in Oakland, CA on 9 December 1960 for further assignment to Fort Bliss, TX.

6.  On 11 May 1962, he was honorably released from active duty (REFRAD) at the expiration of his term of service (ETS).  He completed 3 years and 12 days of total active service.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the entry "None."

7.  A review of the applicant’s official record shows he was awarded the Marksman Marksmanship Qualification Badge with Carbine Bar by Special Orders Number 60, issued by Headquarters, 51st Signal Battalion, dated 17 March 1960.

8.  Army Regulation 600-8-22 states the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.


9.  Army Regulation 600-8-22 states the United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954.  Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

10.  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.

11.  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’s contentions have been noted and found to have partial merit.  He was awarded the Marksman Marksmanship Qualification Badge with Carbine Bar that was not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this qualification badge.

2.  The applicant served in Korea during a qualifying period for entitlement to the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The applicant did not serve during a qualifying period for award of the Korean Service Medal, United Nations Service Medal, or the Overseas Service Ribbon.  Therefore, there is no basis for granting these awards or adding them to his
DD Form 214.

4.  In view of the foregoing, the applicant's DD Form 214 should be corrected as recommended below.


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 26 of his DD Form 214 the Korea Defense Service Medal and the Marksman Marksmanship Qualification Badge with Carbine Bar.

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 Korean Service Medal, United Nations Service Medal, and the Overseas Service Ribbon and their addition to his DD Form 214.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________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)                                         AR20100025607



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ABCMR Record of Proceedings (cont)                                         AR20100025607



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