BOARD DATE:	  6 September 2012

		DOCKET NUMBER:  AR20120004387 


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 records to show awards of the:

* National Defense Service Medal
* Cold War Certificate
* “Foreign Service Medal” (i.e.,Overseas Service Ribbon)

2.  The applicant states he served in the California Army National Guard (CAARNG), U.S. Army Reserve (USAR), and Regular Army (RA) between 1956 and 1964.  He was informed that he is eligible for the requested medals/ribbons. 

3.  The applicant provides:

* Letter from the National Personnel Records Center
* Statement of Service, CAARNG
* Honorable Discharge Certificate, CAARNG
* Honorable Discharge Certificate, USAR
* Honorable Discharge Certificate, RA 
* DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the periods ending 27 August 1961 and 12 August 1964
* DA Form 1811 (Physical and Mental Status on Release from Active Service)
* Letter to the National Personnel Records Center
* Questionnaire about Military Service
* Veterans Administration Certificate of Eligibility

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 and, as a result, is not shown on a discharge document.  In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, 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.  He may submit a request in writing to Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, Dept. 480, 1600 Spearhead Avenue, Fort Knox, KY 40122-5408.  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.  Having had prior service in the CAARNG from 22 February to 31 May 1956 and the USAR from 19 November 1958 to 2 February 1959, the applicant enlisted in the RA on 3 February 1959.  He held military occupational specialty 716.10 (Personnel Specialist).

4.  He was honorably discharged on 27 August 1961 for the purpose of immediate reenlistment.  His DD Form 214 for this period of service shows the:

* Marksman Marksmanship Qualification Badge with Carbine Bar
* Sharpshooter Marksmanship Qualification Badge with Carbine Bar
* Basic Qualification Badge with Missile Bar

5.  He reenlisted in the RA on 28 August 1961.  He subsequently served in:

* Germany, from 2 February 1961 to 4 December 1963
* France, from 5 December 1964 to 20 January 1964

6.  He was honorably discharged on 12 August 1964.  His DD Form 214 for this period of service shows the:

* Marksman Marksmanship Qualification Badge with Carbine Bar
* Sharpshooter Marksmanship Qualification Badge with Carbine Bar
* Basic Qualification Badge with Missile Bar
* Army Good Conduct Medal

7.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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 to a date to be determined. 

	b.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.   

DISCUSSION AND CONCLUSIONS:

1.  The National Defense Service Medal is authorized from 1 January 1961 and 14 August 1974.  He served a qualifying period of service and should be entitled to this award and correction of his August 1964 DD Form 214 to show it. 

2.  The Overseas Service Ribbon, authorized for service on or after 1 August 1981, may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  The applicant did not have an Active Army status on or after this date.  He is ineligible for this ribbon.







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 his August 1964 DD Form 214 the National Defense Service Medal.

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 the Overseas Service Ribbon.



      _______ _   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)                                         AR20120004387





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ABCMR Record of Proceedings (cont)                                         AR20120004387



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