IN THE CASE OF:	   

		BOARD DATE:	  22 March 2012

		DOCKET NUMBER:  AR20110019520 


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, United Nations Service Medal, Cold War Certificate, and any service medals for which he is eligible based on his service in Germany. 

2.  He states, in effect, he conducted an internet search and discovered he may be eligible for additional awards and medals.

3.  He submits his 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 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 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 applicant’s request for the Cold War Recognition Certificate will not be discussed any further in this Record of Proceedings.

3.  The applicant's records show he enlisted in the Regular Army on 22 July 1980.

4.  His DA Form 2-1 (Personnel Qualification Record) shows in:

	a.  item 5 (Overseas Service), he served in Korea from 5 March 1982 to 
10 July 1982; and 

	b.  item 34 (Record of Assignments), during his tour of duty in Korea he served with the United Nations Command Security Battalion-Joint Security Area.

5.  A review of the U.S. Army Human Resources Command Awards and Decorations Branch's website for previously and currently issued unit awards failed to show the unit he was assigned to received any awards, citations, or commendations.

6.  The applicant's records show he was retired from active duty on 
31 August 2000 and transferred to the U.S. Army Reserve Control Group (Retired).  The DD Form 214 he was issued shows he completed 20 years, 1 month, and 9 days of active service.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Meritorious Service Medal (3rd award), Army Commendation Medal (3rd award), Army Achievement Medal (3rd award), Army Good Conduct Medal (6th award), National Defense Service Medal, Noncommissioned Officer’s Professional Development Ribbon with Numeral 3, Army Service Ribbon, Expert Infantryman Badge, Drive and Mechanic Badge with Driver Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar and Hand Grenade Bars.

7.  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.

8.  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.

9.  A review of Army Regulation 600-8-22 did not reveal authorization of any additional service medals for service in Germany during the applicant’s tenure.

DISCUSSION AND CONCLUSIONS:

1.  He served a qualifying period of service in Korea for the Korea Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this medal.

2.  The period of service for award of the United Nations Service Medal for service in Korea was from 27 June 1950 to 27 July 1954.  Evidence of record shows he served in Korea from 5 March 1982 to 10 July 1982.  Therefore, he did not serve in Korea for a qualifying period of service and as a result, is not eligible for award of this medal. 

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 item 13 of his DD Form 214.


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 correcting Item 13 of his     DD Form 214 to show award of the United Nations Service Medal and any additional service medals for his service in Germany.  


      ____________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)                                         AR20110019520





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ABCMR Record of Proceedings (cont)                                         AR20110019520



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