IN THE CASE OF:	  

		BOARD DATE:  18 October 2012

		DOCKET NUMBER:  AR20120007988 


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 effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the  security clearances he held while serving stateside and in the Republic of Korea as well as:

* Completion of a 15 week Radio Teletype Operator and Secret Cryptography Course
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle and Bayonet Bar
* Army Good Conduct Medal
* Korea Defense Service Medal
* Armed Forces Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Cold War Recognition Certificate

2.  The applicant states he would like to update his record for a Veterans Day presentation and to provide evidence of his service to the Transportation and Security Administration.

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 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 was inducted into the Army of the United States on 23 June 1969.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 05C (Radio Teletype Operator).  He served in Korea from 7 February 1970 to 7 March 1971.  The highest rank/grade he attained during this period of service was specialist four (SP4)/E-4.  

4.  He was honorably released from active duty on 7 March 1971, and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.  The DD Form 214 he was issued at the time shows in:

   a.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the:
   
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Armed Forces Expeditionary Medal

   b.  Item 22c (Foreign and/or Sea Service), the entry "USARPAC." 
   
   c.  Item 25 (Education and Training Completed), he completed the 11 week Radio Teletype Operator Course.
   
   d.  Item 30 (Remarks), the entry "VN SERVICE:  NONE."

5.  The applicant's records do not contain any evidence nor did he provide any evidence showing he attended any additional training other than his advanced individual training which resulted in him being awarded MOS 05C.  There is no evidence he attended and successfully completed an additional 15 week radio teletype operator and secret cryptography course.  

6.  The applicant's records do not contain any evidence nor did he provide any evidence he qualified for or was awarded any additional marksmanship qualification badges.

7.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received conduct and efficiency ratings of "excellent" for each of his duty assignments.  His record does not contain a record of a commander's disqualification for award of the Army Good Conduct Medal or any derogatory information.

8.  Army Regulation 635-5 (Separation Documents), dated 23 January 1967, (and subsequent changes or amendments) in effect at the time of the applicant's separation in March 1971 stated:

   a.  In item 22c, for enlisted personnel show the total active duty outside the continental limits of the United States for the period covered by the 
DD Form 214 and the last overseas theater in which service was performed, e.g. "USARPAC."

   b.  item 30 is used to complete entries too long for their respective blocks or for mandatory requirements, when a separate block is not available, and as a continuation entry.

9.  Army Regulation 635-5, dated 15 November 1969 (and subsequent changes or amendments) in effect at the time of the applicant's discharge stated, in addition to a similar entry in item 22c, item 30 would indicate service in Indochina, Korea, and/or Vietnam.  To show service in:

* Vietnam only, enter "Vietnam 25 April 1970 to 28 May 1971; Indochina - Yes; Korea - No"
* Indochina (other than Vietnam) only, enter "Indochina - Yes; Vietnam - No; Korea - No"
* Korea only, enter "Indochina - No; Vietnam - No; Korea - Yes"

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

	a.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

   b.  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.

	c.  The Army 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 upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after            1 August 1981.

   d.  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.  

11.  Department of Defense 1348.33-M (Manual of Military Decorations & Awards) provides, in pertinent part, that the Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States who, after 1 June 1992, participate, or have participated, as members of United States military units, in a United States military operation that is deemed to be a significant activity; and encounter no foreign armed opposition or imminent threat of hostile actions.  Service members must be members of a unit participating for 1 or more days in the operation within the designated area of eligibility, or meet one or more of the following criteria:  (1) be engaged in direct support for 30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days duration) or for 60 nonconsecutive days provided this support involves entering the area of eligibility; or participate as a regularly assigned crew member of an aircraft flying into, out of, within, or over the area of eligibility in support of the operation.   

DISCUSSION AND CONCLUSIONS:

1.  There has never been a provision to list the security clearance specific to a member’s military service on the DD Form 214.  The applicant record contains no evidence nor did he provide any evidence which shows he completed an additional 15 week radio teletype operator and secret cryptography course.  In addition, the applicant’s records do not contain nor did he provide any evidence of the additional marksmanship qualifications he references.

2.  The applicant served in Korea from 7 February 1970 to 6 March 1971.  Korea fell under USARPAC at the time.  Accordingly, when his DD Form 214 was processed, it listed his foreign service in item 22c with the major overseas command being USARPAC.  

3.  At the time of his release from active duty in March 1971, there was a provision to list the specific country on the DD Form 214.  Therefore, he is entitled to have the entry "Indochina - No; Vietnam - No; Korea - Yes" made in item 30 of this DD Form 214. 

4.  The applicant served honorably during the period 23 June 1969 through         7 March 1971.  He served in Korea, attained the rank/grade of SP4/E-4, and he received "excellent" conduct and efficiency ratings throughout his military service.  His file contains no information that would have disqualified him for the Army Good Conduct Medal; therefore, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal and correct his DD Form 214 to show this award.

5.  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.

6.  Army Regulation 600-8-22 shows the Army Service Ribbon may be awarded retroactively to those personnel who completed the required training before         1 August 1981 provided they had an Active Army status on or after 1 August 1981.  The evidence clearly shows the applicant did not serve in an active status after 1 August 1981.  Therefore, he is not entitled to have his records corrected to show award of the Army Service Ribbon.

7.  Army Regulation 600-8-22 shows the Overseas Service Ribbon 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 evidence clearly shows the applicant did not serve in an active status after 1 August 1981.  Therefore, he is not entitled to have his records corrected to show award of the Overseas Service Ribbon.

8.  The evidence of record does not show that the applicant served during a qualifying period for award of the Armed Forces Service Medal.  Therefore, his request for this award should be denied.

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:

   a.  awarding him the Army Good Conduct Medal (1st Award) for the period   23 June 1969 through 7 March 1971;

   b.  deleting the entry "VN SERVICE:  None" from item 30 of his DD Form 214;
   
   c.  adding the entry "Indochina - No; Vietnam - No; Korea - Yes" made in item 30 of this DD Form 214; and
   
   d.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal    (1st Award) and the Korea 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:

* listing the applicant’s security clearances on the DD Form 214
* acknowledgement of his completion of an additional 15 week radio teletype operator and secret cryptography course 
* awarding him additional marksmanship qualification badges, the Army Service Ribbon, Overseas Service Ribbon, and Armed Forces 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)                                         AR20120007988



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ABCMR Record of Proceedings (cont)                                         AR20120007988



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