BOARD DATE: 23 August 2011
DOCKET NUMBER: AR20110002189
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 United Nations Service Medal (UNSM) and Cold War Medal [hereafter referred to as the Cold War Recognition Certificate].
2. He states he served in the Army during the Cold War and also was assigned with the United Nations Command Support Group (UNCSG), Joint Security Force (JSF), Pan Mun Jom, South Korea.
3. He provides a copy of his:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DD Form 215 (Correction to 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 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. His records show that after serving 5 months in the U.S. Army Reserve (USAR), he enlisted in the Regular Army on 12 September 1978. After the completion of training, he served in military occupational specialty 11B (Infantryman).
3. The applicants DA Form 2-1 (Personnel Qualification Record Part II) shows:
a. Item 5 (Oversea Service) he served in the Federal Republic of Korea from 26 July 1980 through 15 August 1981;
b. Item 9 (Awards, Decorations and Campaigns) he was not awarded the UNSM; and
c. Item 35 (Current and Previous Assignments) he was assigned as a Security Guard with the UNCSG JSF during his assignment in Korea.
4. On 11 September 1981, he was honorably released from active duty and transferred to the USAR Control Group, (Reinforcement) for completion of his Reserve obligation. His DD Form 214 shows he completed 3 years of net active service and 1 year and 20 days of foreign service. This document does not show he was awarded the UNSM.
5. 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. Based on this information, the applicants request for the Cold War Recognition Certificate will not be discussed any further in this Record of Proceedings.
6. Army Regulation 600-8-22 (Military Awards) states the UNSM 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 UNSM.
DISCUSSION AND CONCLUSIONS:
1. The applicants request for award of the UNSM was carefully considered.
2. Although the evidence of record shows he served with the UNCSG in Korea, he served during a period in which the UNSM was not authorized and as a result, he is not entitled to this award.
3. In view of the foregoing, there is no basis to grant the requested relief.
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) AR20110002189
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ABCMR Record of Proceedings (cont) AR20110002189
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