IN THE CASE OF:  	  

		BOARD DATE:  14 October 2014	  

		DOCKET NUMBER:  AR20140003260 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show the:

* Cold War Medal (correctly known as the Cold War Recognition Certificate)
* Korea Defense Service Medal
* overseas service bar
* Professional Signal Corps Bar

2.  The applicant states he received a fax (upon his request) from the American War Library.  Upon reading an article in the September 2013 Veterans of Foreign Wars magazine, he discovered where to apply for lost medals. 

3.  The applicant provides a copy of his 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 provide in the statute of limitations, the ABCMR has elected to conduct a

substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  With regard to the Cold War Medal (properly known as the Cold War Recognition Certificate), 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 applicant may submit a request in writing to the U.S. Army Human Resources Command, Cold War Recognition Program, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122-5408.  As a result, it will not be further discussed in this Record of Proceedings.

3.  His complete military records are not available to the Board for review.  A fire destroyed approximately 16 million service members’ records at the National Personnel Records Center in 1973.  It is believed his records were destroyed in that fire.  However, a reconstructed record contains sufficient documentation and those which were submitted by the applicant for the Board to conduct a fair and impartial review of this case.

4.  His available military records show he enlisted in the Army of the United States on 1 September 1953.  He held military occupational specialty 982.10 (traffic analyst).  He served in:

* Japan from 12 May 1954 through 12 June 1954
* Korea from 12 July 1954 through 18 July 1955
* Japan from 18 July 1955 through 8 July 1956

5.  He was honorably released from active duty on 28 July 1956 and he was transferred to the U.S. Army Reserve.  His DD Form 214 lists the:

* Korean Service Medal
* United Nations Service Medal
* National Defense Service Medal
* Army Good Conduct Medal


6.  Section 9 (Medals, Decorations, and Citations) of his DA Form 24 (Service Record) shows he was awarded the Marksman Marksmanship Qualification Badge with Carbine Bar.

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

   a.  The Korea Defense Service Medal is awarded 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 for 30 consecutive or for 60 nonconsecutive days.

   b.  There are no provisions for listing the Professional Signal Corps Bar on a discharge document.

8.  Army Regulation 670-1 (Uniforms and Insignia), then in effect, governed the requirements for the overseas service bar.  It specified a bar was authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate DA message.  One overseas service bar was authorized for each 6-month period of Federal service outside the continental limits of the United States.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served a qualifying period of service for award of the Korea Defense Service Medal.  He is therefore entitled to these awards and correction of his DD Form 214 to show these awards.

2.  He was awarded the Marksman Marksmanship Qualification Badge with Carbine Bar during his period of service.  Therefore, his DD Form 214 should be corrected to show this badge.

3.  There is no effective relief for addition of an overseas service bar to his DD Form 214 as it is an item of clothing and not governed by pertinent regulations for addition to an individual's DD Form 214.

4.  With regard to the addition of the Professional Signal Corps Bar to his DD Form 214, this award is not governed by Army Regulation 600-8-22, and as a result, is not shown on a discharge document.




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 the applicant's DD Form 214 the:

* Korea Defense Service Medal
* Marksman Marksmanship Qualification Badge with Carbine Bar

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 his DD Form 214 to list one overseas service bar and the Professional Signal Corps Bar.



      _______ _   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)                                         AR20140003260





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ABCMR Record of Proceedings (cont)                                         AR20140003260



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