IN THE CASE OF:
BOARD DATE: 24 September 2013
DOCKET NUMBER: AR20130002853
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 Korea Defense Service Medal (KDSM), Cold War Recognition Certificate, and Army Good Conduct Medal (AGCM).
2. He states the KDSM and Cold War Recognition Certificate were authorized after he was discharged, but are authorized for the period he served.
3. He provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 applicants 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 31 January 1964.
4. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 31 (Foreign Service), he served in Korea from 18 June 1964 through 7 July 1965
* item 38 (Record of Assignments), he received all "excellent" conduct and efficiency ratings
5. His record shows he received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, on:
* 7 October 1964 for failing to obey a lawful command from a commissioned officer on 3 October 1964
* 27 December 1965 for being drunk and disorderly on 24 December 1965
* 27 December 1965 for failing to obey a lawful order, denying military service, breaking apprehension, and disorderly conduct on 24 December 1965
6. On 30 January 1967, he was honorably released from active duty in the rank/grade of specialist four/E-4 after completing 3 years of total active service. His DD Form 214 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the National Defense Service Medal.
7. His record is void of documentation showing he was awarded the AGCM or that his immediate commander made a positive recommendation for awarding him the AGCM.
8. 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 (ROK). The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
9. Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940. The enlisted person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.
DISCUSSION AND CONCLUSIONS:
1. The available evidence confirms he is entitled to the KDSM based on completion of a period of qualifying service in the ROK. Therefore, his DD Form 214 should be corrected to show this award.
2. 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. In light of his record of NJP and in the absence of documentation showing his commander made a positive recommendation for the award, there is an insufficient basis upon which to award him the AGCM or to correct his DD Form 214 to show this award.
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 the AGCM.
_______ _ _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) AR20130002853
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