IN THE CASE OF:
BOARD DATE: 9 October 2014
DOCKET NUMBER: AR20140003762
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 correction of his DD Form 214 (Report of Separation from the Armed Force of the United States) to show award of the:
* Korea Defense Service Medal
* Republic of Korea War Service Medal
* Cold War Recognition Certificate
2. The applicant states the awards and certificate have been earned through his honorable service in the U.S. military and they should be shown on his DD Form 214.
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 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 the 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 further in this Record of Proceedings.
3. The applicant's military and medical records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed the applicant's records were lost or destroyed in that fire. The case is being considered using the DD Form 214 provided by the applicant.
4. The applicant enlisted in the Regular Army on 31 March 1953.
5. On 30 December 1955, he was honorably released from active duty. He completed 2 years and 9 months of creditable active service.
6. His DD Form 214 shows in:
* item 26 (Foreign and/or Sea Service) 1 year, 5 months, and 11 days
* item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized)
* National Defense Service Medal
* Korea Service Medal
* United Nations Service Medal
* Army Good Conduct Medal
* Commendation Ribbon with Metal Pendant (now known as the Army Commendation Medal)
* item 28 (Most Significant Duty Assignment) 8th Army Special Troops Augmentation Unit 8207, APO 301
7. Historical APO records show APO 301 was located in Yongsan, Korea.
8. Army Regulation 600-8-22 provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments. It states:
a. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who 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.
b. The Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces of the United States who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. The service must have been performed, in part, while on permanent assignment or on temporary duty for 30 consecutive or 60 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.
DISCUSSION AND CONCLUSIONS:
The applicant served a qualifying period for award of the Korea Defense Service Medal and Republic of Korea War Service Medal; therefore, he is entitled to correction of his DD Form 214 to show these awards.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following to his DD Form 214:
* Korea Defense Service Medal
* Republic of Korea War Service 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) AR20140003762
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140003762
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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