IN THE CASE OF:	  

		BOARD DATE:  4 June 2013

		DOCKET NUMBER:  AR20120021077 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show the Korea Defense Service Medal, Vietnam Service Medal, American Defense Commemorative Medal, and the Cold War Commemorative Medal.

2.  The applicant states he was assigned to Headquarters and Headquarters Company (HHC), 1st Brigade, 7th Cavalry, Korea, for 1 year, 3 months, and 14 days.  He served on the U.S.S. General Breckinridge in the South China Sea in early February 1962.  The ship delivered Soldiers, goods, and ammunition to Vietnam.

3.  The applicant provides a catalog page.

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.  Having had prior Reserve service, the applicant's records show he was inducted into the Army of the United States on 5 February 1960 and he held military occupational specialties 642.10 (Heavy Vehicle Driver) and 111 (Light Weapons Infantryman.

3.  He served in Korea from on or about 22 November 1960 to 14 February 1962 while assigned to HHC, 1st Brigade, 7th Cavalry Regiment.

4.  He was honorably released from active duty on 15 February 1962 and he was transferred to the U.S. Army Reserve.  He completed 2 years and 11 days of creditable active service.

5.  The DD Form 214 he was issued shows award of the Expert Marksmanship Qualification Badge with Rifle Bar and the Army Good Conduct Medal
(1st Award).

6.  The applicant provides a catalog page containing an article titled "Cold War Commemorative Medals" and it describes, in part, the American Defense Commemorative Medal and the Cold War Commemorative Medal.

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

   a.  Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who 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.
   
   b.  Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  
   
   c.  Army Regulation 600-8-22 does not authorize "commemorative" awards.  




DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in Korea during a qualifying period for entitlement to the Korea Defense Service Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show this service medal.

2.  The Military Awards regulation does not authorize commemorative awards. These awards are normally created and offered by private organizations. Therefore, the applicant is not entitled to award of the American Defense Commemorative Medal or the Cold War Commemorative Medal.

3.  As a matter of information for the applicant, 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.  The award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 and, as a result, it is not shown on a discharge document, nor is there an authorized Cold War Medal.  Additional information is available on the Internet at:  https://www.hrc.army.mil/site/active/TAGD/coldwar/default.htm.  

4.  With respect to the Vietnam Service Medal, this medal was authorized for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  The applicant was released from active duty in 1962.  In addition, there is no evidence in his record that shows he served in Vietnam.  Therefore, he does meet the criteria for this award and he is not entitled to this portion of the requested relief.

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 DD Form 214 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 the Vietnam Service Medal, American Defense Commemorative Medal, and the Cold War Commemorative 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)                                         AR20120021077



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ABCMR Record of Proceedings (cont)                                         AR20120021077



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