IN THE CASE OF:
BOARD DATE: 30 August 2011
DOCKET NUMBER: AR20110003605
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 (Certificate of Release or Discharge from Active Duty) to show the:
* Korea Defense Service Medal
* Bundeswehr Silver Cross of Honor
2. The applicant states the referenced awards are missing from his
DD Form 214.
3. The applicant provides:
* a letter from the National Personnel Records Center
* a memorandum authorizing him to accept, but not wear, the award of the German Army Reserve Association Badge of Honor in Silver
* an internet printout of the criteria for award of the Badge of Honor of the Bundeswehr
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 is a retired Regular Army lieutenant colonel (LTC) who served on active duty from 29 June 1976 through 31 May 1999. He served in a variety of stateside and/or overseas assignments, including Korea from June 1991 to June 1992.
3. He was retired by reason of sufficient service for retirement on 31 May 1999 and he was placed on the Retired List in his retired rank of LTC on 1 June 1999. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 31 May 1999 does not show the Korea Defense Service Medal or the Bundeswehr Silver Cross of Honor.
4. He provides a memorandum issued by the U.S. Army Personnel Command, Alexandria, VA, dated 23 March 1998, authorizing him to accept, but not to wear, the German Army Reserve Association Badge of Honor in Silver.
5. Army Regulation 600-8-22 (Military Awards) 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.
6. Commanders serving in the rank of brigadier general or higher and colonel-level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges. This authority may be further delegated to commanders charged with custody of military personnel record files. The burden of proof rests on the individual Soldier to produce orders, citations, or other original copies of the foreign elements that awarded them the badge. Appendix D, table D-1 lists the German Army Reserve Association Badge of Honor in Silver as an honorary award that may only be accepted and retained; not allowed for wear on the U.S. Army uniform.
7. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement,
discharge, or release from active military service or control of the Army. It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214. Each entry will be verified by the Soldiers records.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served in Korea from June 1991 to June 1992. By regulation, he served a qualifying period for the Korea Defense Service Medal. Therefore, he is entitled to correction of his DD Form 214 to show this award.
2. The applicant was issued a memorandum by an appropriate Army official authorizing him to accept, but not to wear the German Army Reserve Association Badge of Honor in Silver. Therefore, he is entitled to correction of his DD Form 214 to show this foreign honorary badge.
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 adding to item 13 of his DD Form 214 for the period ending 31 May 1999 the Korea Defense Service Medal and the German Army Reserve Association Badge of Honor in Silver.
___________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.5
ABCMR Record of Proceedings (cont) AR20110003605
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110003605
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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