IN THE CASE OF:
BOARD DATE: 10 January 2013
DOCKET NUMBER: AR20120011352
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 (Report of Separation from Active Duty) to reflect the:
* Cold War Victory Commemorative
* Korea Defense Service Medal
* U.S. Army Commemorative
* Honorable Service Commemorative
* 50th Anniversary Korean Commemorative
2. The applicant states the requested decorations were authorized after the DD Form 214 had been issued.
3. The applicant did not provide any evidence.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. With respect to the Cold War Victory Commemorative, the correct name is the Cold War Recognition Certificate.
a. 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. 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.
b. He may submit a request in writing to Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, Department 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 further in this Record of Proceedings.
3. With respect to the commemorative medals, most commemorative medals are not officially recognized. Title 32, Code of Federal Regulations, Part 578 lists and discusses all official U.S. military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official. Some commemorative medals are authorized by the U.S. Congress and are minted by the U.S. Mint. However, Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prohibits the wearing of commemorative medals. In addition, award of these medals is not governed by the provisions of Army Regulation 600-8-22 and, as a result, they may not shown on a discharge document. Therefore, issues pertaining to the medals below will not be discussed further in the Record of Proceedings:
* U.S. Army Commemorative
* Honorable Service Commemorative
* 50th Anniversary Korean Commemorative
4. The applicant's records show he was appointed as a Reserve commissioned officer and executed an oath of office on 17 June 1972. He entered active duty on 13 August 1972 and subsequently served in Korea from 29 October 1972 to 18 November 1973.
5. He was honorably released from active duty on 12 August 1975 and he was transferred to the U.S. Army Reserve for completion of his Reserve obligation. The DD Form 214 he was issued shows the Army Commendation Medal, National Defense Service Medal, and Armed Forces Expeditionary Medal.
6. 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 area of eligibility (1) encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and (2) all air spaces above the land and water area. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
The applicant served in Korea from 29 October 1972 to 18 November 1973. This period of service entitles him to award of the Korea Defense Service Medal and correction of his DD Form 214 to show this medal.
BOARD VOTE:
____x___ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for 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 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) AR20120011352
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120011352
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