IN THE CASE OF:	  

		BOARD DATE:	    31 July 2012

		DOCKET NUMBER:  AR20120000546 


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 award of the Cold War Medal and any other awards to which he may be authorized.

2.  The applicant states he has been told that there have been some medals and ribbons awarded to military personnel who have already been discharged.

3.  The applicant provides:

* U.S. Army Reserve Personnel Command Orders D-02-811975, dated 17 February 1998
* DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 23 April 1982
* DD Form 214, date 24 January 1978
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), dated 1 June 1983
* NGB Form 22, dated 1 March 1999
* NGB Form 22, dated 1 October 1987

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 Medal.  In 1999, a Cold War Victory Medal was included in a measure introduced by Senator John Warner.  The bill passed, but did not result in actual creation of a medal.  This initiative has been reintroduced in the U.S. Senate several times, with the latest being in Senate Bill 402, "Cold War Service Act of 2011."  To date, this medal has not been approved.  In accordance with the 1998 National Defense Authorization Act, the Secretary of Defense approved awarding of Cold War Recognition Certificates.  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 Cold War Recognition Certificate is authorized to all members of the armed forces and qualified Federal government civilian personnel who have 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, ATTN: AHRC-PDP-A, Dept 480, 1600 Spearhead Division Avenue, Fort Knox, KY 40122-5408.  Based on this information, the applicant’s request for the Cold War Medal will not be discussed any further in this Record of Proceedings.

3.  The applicant enlisted in the U.S. Navy on 20 January 1965.  He completed training as a stock clerk.  After completing 3 years, 7 months, and 4 days of net active service this period, he was honorably released from active duty on 23 August 1968 and was transferred to the Naval Reserve.  His DD Form 214N (Armed Forces of the United States Report of Transfer or Discharge) shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Good Conduct Medal (First Award)

4.  On 13 January 1976, the applicant enlisted in the Ohio Army National Guard (OHARNG).  After completing 9 months and 4 days of service this period, he was honorably discharged 17 October 1976, for the purpose of enlisting in the Regular Army (RA).  His NGB Form 22 for this period of service does not show any authorized awards.
5.  The applicant enlisted in the RA on 18 October 1976.  He was honorably discharged on 24 January 1978, for the purpose of immediate reenlistment.  The DD Form 214 he received for this period of service shows "GCMS, RIFLE M16, Hand Grenade" as his authored awards and decorations.

6.  On 25 January 1978, the applicant reenlisted in the RA.  After completing 4 years, 2 months, and 29 days of net service this period, he was honorably released from active duty on 23 April 1982, and was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  The DD Form 214 he received this period shows the following awards:

* Good Conduct Medal (Second Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Army Service Ribbon
* Overseas Service Ribbon
* Noncommissioned Officer Professional Development Ribbon 
* Army Commendation Medal

7.  The applicant enlisted in the OHARNG on 27 May 1982.  After completing 1 year and 3 days of net service this period, he was honorably released from the OHARNG on 1 June 1983 and he was transferred to the USAR.  The NGB Form 22 he received this period shows "None" as his authorized awards and decorations.

8.  On 22 January 1985, the applicant reenlisted in the OHARNG.  He was released from the OHARNG on 1 October 1987 and he was transferred to the USAR Control Group (Reinforcement).  His NGB Form 22 for this period shows "N/A" as his authorized awards and decorations.

9.  The applicant enlisted in the OHARNG on 21 November 1996.  After completing 2 years, 3 months, and 11 days of net service this period, he was released from the OHARNG on 1 March 1999.  The NGB Form 22 he received this period shows the following awards:

* Army Service Ribbon
* National Defense Service Medal (Second Award)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Overseas Service Ribbon
* Noncommissioned Officer Professional Development Ribbon
* Army Commendation Medal

10.  A review of the applicant's official military personnel record does not show that he is authorized any additional awards that are not currently reflected on his DD Form 214N dated 23 August 1968, his DD Form 214 dated 23 April 1982, or his NGB Form 22 dated 1 March 1999.

11.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  A review of the applicant's official military personnel record does not show that he is authorized any additional awards that are not currently reflected on his     DD Form 214 dated 23 April 1982, or his NGB Form 22 dated 1 March 1999. 

3.  In view of the foregoing, the applicant's request should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case 

are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   _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)                                         AR20120000546





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ABCMR Record of Proceedings (cont)                                         AR20120000546



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