IN THE CASE OF:
BOARD DATE: 22 December 2011
DOCKET NUMBER: AR20110013211
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 that he be awarded the Cold War Service Medal and that his DD Form 214 be corrected to reflect all of his authorized awards.
2. The applicant states that his DD Form 214 is incomplete as it does not contain all of his authorized awards.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 was inducted on 13 November 1958. He completed basic training at Fort Carson, Colorado and advanced individual training at Fort Chaffee, Arkansas and he was transferred to Germany on 30 March 1959 for assignment to Battery C, 3d Howitzer Battalion, 17th Artillery Brigade.
3. On 7 October 1960, he was awarded the Army Good Conduct Medal for the period of 13 November 1958 to 7 October 1960.
4. On 22 October 1960, he departed Germany and was transferred to Fort Dix, New Jersey where he was honorably released from active duty (REFRAD) on 3 November 1960 as an overseas returnee. He had served 1 year, 11 months, and 21 days of active service and his DD Form 214 issued at the time of his REFRAD shows no decorations or awards.
5. A review of the applicant's official records shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.
6. 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-PDP-A, 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.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions that all of his awards are not reflected on his
DD Form 214 have been noted and found to have merit.
2. The applicant was awarded the Army Good Conduct Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar and thus he is entitled to have these awards added to his DD Form 214.
BOARD VOTE:
____x___ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Army Good Conduct Medal and Marksman Marksmanship Badge with Rifle Bar to his DD Form 214.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Cold War are deeply appreciated. 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) AR20110013211
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ABCMR Record of Proceedings (cont) AR20110013211
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