IN THE CASE OF:	   

		BOARD DATE:	  20 November 2014

		DOCKET NUMBER:  AR20140006078 


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

* Cold War Commemorative Medal
* National Defense Service Medal (NDSM)
* Army Achievement Medal (AAM)
* Army Good Conduct Medal (AGCM)

2.  The applicant states there was a records error in the issuance of his 
DD Form 214 at the time of discharge.

3.  The applicant provides 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.  With respect to the Cold War Commemorative Medal, the proper name is the Cold War Recognition Certificate.

	a.  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.  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.  

	b.  He may submit a request in writing to Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, Department 480, 1600 Spearhead Avenue, Fort Knox, KY  40122-5408.  Based on this information, the applicant's request for the Cold War Recognition Certificate will not be discussed further in these Proceedings.

3.  The applicant enlisted in the Regular Army on 17 September 1962, in pay grade E-1.  He completed training as a communications center specialist.  He was promoted through the ranks to pay grade E-4.  

4.  After 2 years, 9 months, and 9 days of total active service, the applicant was honorably released from active duty on 25 June 1965, to the U.S Army Reserve Control Group (Reinforcement) to complete his Reserve obligation. 

5.  The applicant provided a copy of his DD Form 214 which shows the following:

* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
* Sharpshooter Marksmanship Qualification Badge (Carbine)

6.  There is no evidence in his record of a commander's disqualification that would have disqualified the applicant from being recommended for or awarded
the first award of the AGCM.  His DA Form 24 shows he had all "excellent" conduct and efficiency ratings.

7.  Army Regulation 600-8-22 states the NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.
8.  Army Regulation 600-8-22 states the Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  

9.  Army Regulation 672-5-1 (Decorations and 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, and for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  In accordance with the applicable regulation, the applicant is authorized the National Defense Service Medal based on his service from 17 September 1962 through 25 June 1965.  Therefore, it would be appropriate to amend his DD Form 214 to show this medal.

2.  The applicant served honorably during the period 17 September 1962 through 25 June 1965.  There is no evidence in his record of a commander's disqualification.  Therefore, it would be appropriate to award him the AGCM (1st Award) and to correct his DD Form 214 to show this award.

3.  The AAM was not established until 1981.  The applicant did not meet the eligibility criteria for 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 amended by:
* awarding him the Army Good Conduct Medal (1st Award) for the period 17 September 1962 through 25 June 1965
* correcting his DD Form 214 to add the:

* National Defense Service Medal
* Army Good Conduct 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 applicant's request for award of the Army Achievement 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)                                         AR20140006078





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ABCMR Record of Proceedings (cont)                                         AR20140006078



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