IN THE CASE OF:
BOARD DATE: 14 May 2013
DOCKET NUMBER: AR20120018990
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 (Certificate of Release or Discharge from Active Duty) to show award of the Korea Defense Service Medal (KDSM), Cold War Certificate, and any other awards he may be authorized.
2. The applicant states he did not know about the above awards until last year.
3. The applicant provides no additional documentation.
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. 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, it 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 applicants request for the Cold War Recognition Certificate will not be discussed any further in this Record of Proceedings.
3. On 11 January 1984, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 19D (Cavalry Scout).
4. On 5 March 1987, the applicant departed Fort Riley, KS for duty in the Republic of Korea (ROK).
a. On 10 April 1987, he was assigned to Headquarters and Headquarters Troop, 4th Squadron, 7th Cavalry Regiment, 2nd Infantry Division.
b. On 11 April 1988, his unit was re-designated as the 5th Troop, 17th Cavalry Regiment.
c. On 5 April 1990, he departed the ROK.
5. On 14 May 1990, the applicant was assigned to Fort Irwin, CA.
6. On 7 July 1991, the applicant was released from active duty. He had attained the rank of specialist, pay grade E-4, and had completed 7 years, 5 months, and 27 days of creditable active duty service.
7. The applicant's DD Form 214 shows his awards as:
* Army Service Ribbon
* Army Achievement Medal with Oak Leaf Cluster
* Driver and Mechanic Badge
* Overseas Service Ribbon
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Army Lapel Button
* Expert Marksmanship Qualification Badge with Rifle Bar
8. Army Regulation 600-8-22 provides for award of the KDSM. It 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 ROK from 28 July 1954 through a future date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. The available evidence clearly shows the applicant served a qualifying period for award of the KDSM. Therefore, this medal should be shown on his DD Form 214.
2. He does not appear to be authorized any other awards.
BOARD VOTE:
____x___ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 showing, in addition to the awards already shown on his DD Form 214, that he is authorized the Korea Defense 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) AR20120018990
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120018990
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2006 | 20060007572C070205
The applicant requests, in effect, that he be awarded The Cold War Recognition Certificate, the Korea Defense Service Medal (KDSM) and the Korean War Service Medal (KWSM). Based on this information, the applicant’s request for the Cold War Recognition Certificate is not discussed any further. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the KWSM and correcting his records accordingly.
ARMY | BCMR | CY2013 | 20130002853
The applicant requests award of the Korea Defense Service Medal (KDSM), Cold War Recognition Certificate, and Army Good Conduct Medal (AGCM). Based on this information, the applicants request for the Cold War Recognition Certificate will not be discussed any further in this Record of Proceedings. The applicant's record shows three instances of NJP, and there is no evidence showing his immediate commander made a positive recommendation to award him the AGCM.
ARMY | BCMR | CY2012 | 20120008059
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the Korea Defense Service Medal (KDSM) and the Cold War Recognition Certificate. Based on this information, the applicants request for the Cold War Recognition Certificate will not be discussed any further in this Record of Proceedings. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Deleting...
ARMY | BCMR | CY2014 | 20140000589
The applicant requests, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show all of his authorized awards to include the Cold War Medal. Army Regulation 600-8-22 (Military Awards) states the: a. Korea Defense Service Medal (KDSM) 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. As a result, the Board recommends...
ARMY | BCMR | CY2009 | 20090017051
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his record and DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Korea Defense Service Medal (KDSM) and the Cold War Medal. The applicant states he should receive the KDSM because he served in Korea for more than 35 days, and he requests information regarding the Cold War Medal.
ARMY | BCMR | CY2013 | 20130001952
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. However, the form does show in: * item 19a (Mailing Address After Separation) the entry "1xxx N.W. The available evidence shows the applicant completed a period of qualifying service for award of the KDSM.
ARMY | BCMR | CY2014 | 20140008177
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: a. award of the Cold War Victory Commemorative Military Medal, Honorable Service Commemorative Medal, American Defense Commemorative Medal, Army Service Commemorative Medal, and Armed Forces Expert Marksman Commemorative Medal; and b. any awards and decorations to which...
ARMY | BCMR | CY2014 | 20140008902
Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. Therefore, he served a qualifying period of service for award of the KDSM and is entitled to correction of his records to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Army Good...
ARMY | BCMR | CY2007 | 20070015900
The applicant requests that his records be corrected to show awards of the Korea Defense Service Medal (KDSM), Cold War Service Medal (known as the Cold War Recognition Certificate) or Commemorative Medal and Certificate. Army Regulation 600-8-22 (Military Awards) does not provide for award of commemorative medals or certificates. DISCUSSION AND CONCLUSIONS: The evidence shows that the applicant is authorized the award of the KDSM for his service in the Republic of Korea for the period 3...
ARMY | BCMR | CY2010 | 20100024022
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Korea Defense Service Medal (KDSM) and to show his time served in the Republic of Korea (ROK). Army Regulation 600-8-22 (Military Awards) provides for award of the KDSM. The evidence of record clearly shows the applicant served a qualifying tour of duty in the ROK for award of the KDSM.