BOARD DATE:	  23 May 2012

		DOCKET NUMBER:  AR20110022941 


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 in two applications correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the:

* Cold War Recognition Certificate
* Korea Defense Service Medal
* Parachutist Badge

2.  The applicant states he has made several attempts to obtain his records from the airborne school at Fort Benning, GA without success.  He further states he attended airborne school in September 1992, graduated, and moved on to his first duty assignment in Korea.

3.  The applicant provides:

* his DD Form 214 for the period ending 12 July 1996
* his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 30 June 2002
* a memorandum of recommendation, dated 21 November 1993
* Cold War Recognition Certificate
* DA Form 2-1 (Personnel Qualification Record)


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 enlisted in the Regular Army on 11 June 1992.  He completed training and he was awarded military occupational specialty 11B (Infantryman).

3.  His DA Form 2-1 contains the following information:

	a.  Item 5 (Overseas Service) shows the applicant completed a 12-month tour of duty in Korea from 4 December 1992 through 3 December 1993.  In addition, item 35 (Record of Assignments) shows he was assigned to Headquarters and Headquarters Company, 1st Battalion, 506th Infantry Regiment, 2nd Infantry Division, Korea on 9 December 1992 and he remained assigned to this unit until 29 December 1993 at which time he departed Korea en route to Germany.

	b.  Item 9 (Awards, Decorations, and Campaigns) does not show award of the Parachutist Badge.

	c.  Item 17 (Civilian Education and Military Schools) does not show completion of airborne training.

4.  His official military personnel file does not contain a certificate of training or diploma confirming attendance and completion of airborne school.  Additionally, his records do not contain orders awarding him the "P" skill qualification identifier (airborne) or orders awarding him the Parachutist Badge.

5.  On 12 July 1996, he was honorably released from active duty and he was transferred to an Army National Guard unit in Minnesota.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not reflect the Korea Defense Service Medal or the Parachutist Badge.  Item 14 (Military Education) does not reflect completion of airborne training.
6.  Per email on 18 May 2011 with an official at the Academic Records section at Fort Benning, GA, the official confirmed the applicant was released from Airborne Class 47-92 conducted from 18 September to 9 October 1992.  He did not graduate.

7.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  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.

	b.  the Parachutist Badge is awarded to individual who have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump.

8.  In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act (NDAA), 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.

9.  Army Regulation 635-5 (Separation Documents) states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Army Regulation 600-8-22 gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant completed a period of qualifying service for entitlement to the Korea Defense Service Medal.  Therefore, his
DD Form 214 should be corrected to show this award.


2.  The Academic Records section at Fort Benning confirmed the applicant attended Airborne Class 47-92; however, he did not complete the course and he was released from the airborne class.  Therefore, there is no basis for adding the Parachutist Badge to his DD Form 214.

3.  The applicant requested correction of his DD Form 214 to show award of the Cold War Recognition Certificate.  The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 and, as a result, it is not shown on a discharge document, including the DD Form 214.  Therefore, there is no basis for granting this portion of his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X___  ___X_____  ___X_____  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 partial 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 the Korea Defense Service Medal.

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 Parachutist Badge and adding the Cold War Recognition Certificate to his DD Form 214.



      __________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)                                         AR20110022941



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ABCMR Record of Proceedings (cont)                                         AR20110022941



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