IN THE CASE OF:
BOARD DATE: 2 July 2013
DOCKET NUMBER: AR20120022248
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 award of the Army Good Conduct Medal (AGCM), American Defense Service Medal (ADSM), and the Cold War Victory Medal, in effect the Cold War Recognition Certificate.
2. The applicant states that he was never issued the above awards.
3. The applicant provides:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DD Form 44 (Record of Military Status of Registrant)
* Honorable Discharge Certificate
* National Personnel Records Center letter, dated 18 May 2012
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 Cold War Recognition Certificate, rather than the Cold War Victory Medal, was approved in 2001 and was established by Public Law 105-85, Section 1084, to recognize all members of the Armed Forces and qualified Federal government civilian personnel who faithfully and honorably served the United States during the Cold War Era from 2 September 1945 to 26 December 1991. All requests for this certificate must be submitted in writing to Cold War Recognition, 4035 Ridge Top Road, Fairfax, Virginia 22030-7445. Given this administrative remedy is available, the portion of the applicant's request pertaining to the Cold War Recognition Certificate will not be further discussed.
3. On 14 December 1959, the applicant enlisted in the U.S. Army Reserve (USAR), for a period of 6 years. On 16 January 1960, he entered active duty training (ADT) as a member of the USAR.
4. On 15 July 1960, he was released from ADT and returned to the USAR, having completed 6 months of creditable active service. The DD Form 214 issued to him at that time does not list any awards.
5. On 30 November 1965, he was honorably discharged from the USAR. He held the rank/pay grade of sergeant (SGT)/E-5.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.
a. Chapter 4 contains guidance on the AGCM and it states it is awarded to active component enlisted Soldiers for exemplary behavior, efficiency, and fidelity in active Federal military service. It is awarded each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; or for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.
b. Paragraph 5-17 contains guidance on the ADSM and it states it is awarded for service between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.
DISCUSSION AND CONCLUSIONS:
1. By regulation, the AGCM is only awarded to active component enlisted Soldiers for exemplary behavior, efficiency, and fidelity for a specific period of qualifying service of no less than 1 year. The evidence of record confirms the applicant was a Reserve component Soldier who completed 6 months of active duty training during his service in the USAR. Therefore, given that the applicant was not an active component Soldier and he did not complete at least 1 year of qualifying honorable service, the regulatory criteria necessary for award of the AGCM has not been satisfied in this case.
2. The ADSM was only authorized for service between 8 September 1939 and
7 December 1941.
3. Accordingly, there is no basis upon which to grant either of the above awards.
In view of the foregoing, the applicant's request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ __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) AR20120022248
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ABCMR Record of Proceedings (cont) AR20120022248
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