BOARD DATE: 26 November 2013
DOCKET NUMBER: AR20130006746
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Korea Defense Service Medal and the Cold War Commemorative Medal.
2. The applicant states he should receive the Korea Defense Service Medal based on the three tours he completed in Korea from 1968 to 1969, 1976 to 1977, and 1985 to 1986. He should receive the Cold War Commemorative Medal based on his service from 1966 to 1987.
3. The applicant provides his DD Form 214, U.S. Uniformed Services Identification Card, and Social Security Card.
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 active service, the applicant enlisted in the Regular Army in the rank/grade of staff sergeant (SSG)/E-6 on 20 September 1978. He was honorably retired in the rank of SSG on 30 June 1987 and he was transferred to the Retired List on 1 July 1987. He completed a total of 20 years and 2 days of creditable active service.
3. The DD Form 214 he was issued for this period of service does not show the Korea Defense Service Medal.
4. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in Korea from 10 April 1968 to 27 June 1969, 28 August 1976 to 26 August 1977, and from 26 December 1984 to 18 December 1985.
5. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal 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 from 28 July 1954 to a date to be determined by the Secretary of Defense.
6. Most commemorative medals are not officially recognized. Title 32, Code of Federal Regulations, Part 578 lists and discusses all official U.S. military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official. Some commemorative medals are authorized by the U.S. Congress and are minted by the U.S. Mint. However, Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prohibits the wearing of commemorative medals. In addition, award of these medals is not governed by the provisions of Army Regulation 600-8-22 and, as a result, they may not be shown on a DD Form 214 or other discharge document.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant served in Korea during a qualifying period for award of the Korea Defense Service Medal. Therefore, he is entitled to the correction of his DD Form 214 for the period ending 30 June 1987 to show this award.
2. With respect to the Cold War Commemorative Medal, commemorative medals are not authorized for wear on the Army uniform and they are not authorized to be shown on the DD Form 214. Therefore, 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 amending his DD Form 214 for the period ending 30 June 1987 to add 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 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) AR20130006746
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