IN THE CASE OF:	  

		BOARD DATE:	  13 January 2015

		DOCKET NUMBER:  AR20140008902 


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 add the Korea Defense Service Medal (KDSM) and a Cold War Recognition Certificate. 

2.  The applicant states the award was not added because it was issued recently. 

3.  The applicant provides his DD Form 214, a KDSM Certificate issued by a non-Governmental organization, and a Cold War Recognition Certificate. 

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 enlisted in the Regular Army on 22 August 1966 and held military occupational specialty 11B (Light Weapons Infantryman).  He served in Korea from 23 December 1966 to 14 December 1967.

3.  He was honorably released from active duty on 21 August 1969.  He completed 3 years of active service with no lost time.  His DD Form 214 shows he was awarded or authorized the Armed Forces Expeditionary Medal and the National Defense Service Medal. 

4.  Army Regulation 600-8-22 (Military Awards) states the KDSM 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 from 28 July 1954 to a date to be determined by the Secretary of Defense.

5.  A review of the applicant's records indicates his entitlement to additional awards which are not listed on his DD Form 214.

6.  Item 29 (Qualification in Arms of his DA Form 20 (Enlisted Qualification Record) shows he qualified sharpshooter with the M-14 rifle. 

7.   His record does not show he was awarded the Army Good Conduct Medal. His record shows he was reduced in rank from specialist four/E-4 to private first class/E-3 on 5 March 1969 as a result of misconduct.  The nature of this misconduct is unknown.  No other derogatory information exists in his records that would disqualify him for the first award of the Army Good Conduct Medal.  Despite his reduction in grade, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

9.  He provides a Cold War Recognition Certificate issued by the Secretary of Defense in recognition of his service during the Cold War.

10.  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 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.  .

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Korea from December 1966 to December 1967.  Therefore, he served a qualifying period of service for award of the KDSM and is entitled to correction of his records to show this award.

2.  There is a record of derogatory information in his service record; however, he served honorably from 22 August 1966 through 21 August 1969, a period of 3 years.  He served in Korea and received "excellent" conduct and efficiency ratings throughout his service.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show this medal.

3.  He qualified as a sharpshooter with the M-14 rifle.  Therefore, he is entitled to award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar   (M-14), and to correction of his DD Form 214 to show this badge.

4.  There is no provision for listing a Cold War Recognition Certificate on the DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  __X______  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 22 August 1966 through 21 August 1969
* amending his DD Form 214 to add the following awards:

* Army Good Conduct Medal (1st Award) 
* Korea Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

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 adding the Cold War Recognition Certificate to his DD Form 214. 




      ___________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)                                         AR20140008902





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ABCMR Record of Proceedings (cont)                                         AR20140008902



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