IN THE CASE OF:
BOARD DATE: 12 January 2012
DOCKET NUMBER: AR20110013653
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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Korea Defense Service Medal, National Defense Service Medal, Cold War Recognition Certificate, and any other awards to which he may be entitled.
2. The applicant states he is entitled to the medals for his service in Korea.
3. The applicant provides a copy of his DD Form 214.
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's complete military record is not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there is sufficient documentation for the Board to conduct a fair and impartial review of this case. This case is being considered using his DD Form 214.
3. 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.
4. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 17 January 1955. His military occupational specialty was 111.00 (Light Weapons Infantryman). His last duty assignment was Company I, 21st Infantry Regiment, 24th Infantry Division, Korea. On 9 January 1957, he was honorably released from active duty (REFRAD) and transferred to the U.S. Army Reserve for completion of his statutory service obligation. He completed 1 year, 11 months, and 23 days of net active military service, 1 year and 19 days of which were foreign and/or sea service. He held the rank/grade of private first class/E-3 on the date of his REFRAD.
5. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded or authorized no awards during his service.
6. 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 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.
7. Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The applicants request for correction of his DD Form 214 to show award of the Korea Defense Service Medal, National Defense Service Medal, and any awards he may be entitled to has been carefully considered and found to have partial merit.
2. The available evidence shows the applicant completed a period of qualifying service for award of the Korea Defense Service Medal. Therefore, he is entitled to this medal and correction of his DD Form 214 to show this award.
3. With respect to the National Defense Service Medal, he served in an active duty status from 17 January 1955 to 9 January 1957. The National Defense Service Medal was not authorized during his period of active service. Therefore, he is not entitled to 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 the evidence presented is 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 the Korea Defense Service Medal to his DD Form 214.
2. The Board further determined 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 National Defense Service Medal.
_____________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) AR20110013653
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110013653
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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