IN THE CASE OF:	  

		BOARD DATE:	  10 September 2013

		DOCKET NUMBER:  AR20130001952 


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 to receive the medals and certificates related to his service in Korea and during the Cold War.  He further requests correction of Item 19b (Nearest Relative) of his DD Form 214 (Certificate of Release or Discharge From Active Duty) to show his current spouse and address.

2.  The applicant states he served in Korea from November 1978 through November 1979 and May 1988 through May 1989.  He further states he served in Germany for the period November 1981 through April 1985.

3.  The applicant provides copies of his divorce decree, marriage license, and   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 enlisted in the Regular Army on 5 July 1978 and he held military occupational specialty 71L (Administrative Specialist).  He served through multiple reenlistments in a variety of stateside and overseas assignments, including Korea (for the periods 11 November 1978 through 7 November 1979 and 27 May 1988 through 26 May 1989), Germany (for the period 29 November 1981 through 9 April 1985), and the Netherlands (for the period 29 November 1991 through 25 November 1993).    

4.  The applicant voluntarily retired early in the rank/grade of sergeant/E-5 on
31 December 1994.  He completed a total of 16 years, 5 months, and 26 days of creditable active service.  The DD Form 214 he was issued at the time of his retirement does not show award of the Korea Defense Service Medal (KDSM).  However, the form does show in:

* item 19a (Mailing Address After Separation) the entry "1xxx N.W. 2xth Ave, Pompano Beach, Florida  33069”
* item 19b the entry "M---e D. Warren, #1x H---s Court, North Little Rock, Arkansas  72118"

5.  The applicant provides a copy of his divorce decree and marriage license.

6.  Army Regulation 600-8-22 states the 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.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

7.  Army Regulation 635-5 (Separation Documents) establishes the policies and provisions for the preparation and distribution of the DD Form 214.  This regulation states that item 19a would reflect a permanent address for mailing purposes.  The "permanent" address served as a basis for contacting a Soldier within a short time after separation in the event the need arose.  It also stated that item 19b should reflect the name and address of a relative who would know the Soldier's location and address.  Neither address was intended to be changed or updated each time the individual or family member relocated following a Soldier's separation.  

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant completed a period of qualifying service for award of the KDSM.  Therefore, he is entitled to this medal and correction of his DD Form 214 to show this award.

2.  The address information and nearest relative contained on his DD Form 214 were accurate at the time the document was prepared.  The fact that he now considers the address in item 19a and the nearest relative in item 19b incorrect is not sufficiently mitigating to show the information was erroneous at the time.

3.  Neither items 19a nor 19b of the DD Form 214 were intended to be updated each time a former Soldier relocated or his/her nearest relative changed or relocated in the years following his/her separation from active duty.  The address and nearest relative information have served the intended purpose.  Therefore, no error or injustice exists by the information currently reflected in these items.

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 the KDSM to his DD Form 214. 

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 correction of Block 19b of his DD Form 214 to show his current spouse and address.  




      _______ _   _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)                                         AR20130001952





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130001952



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1