BOARD DATE:	  25 June 2015

		DOCKET NUMBER:  AR20140019240 


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 award of the Korea Defense Service Medal and the Cold War Medal. 

2.  The applicant states he was discharged before the medals were authorized. 

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

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's records show he was inducted into the Army of the United States on 6 May 1970.  He was honorably discharged on 11 May 1970 for the purpose of immediate enlistment in the Regular Army (RA). 
3.  He enlisted in the RA on 12 May 1970 and he held military occupational specialty 31M (Radio Relay and Carrier Attendant).  He served in Korea from on or about 16 December 1970 to 9 January 1972.  

4.  He was honorably released from active duty in the rank/pay grade of sergeant (SGT)/E-5 on 18 February 1972.  His DD Form 214 shows he completed 1 year, 9 months, and 7 days of active service during this period and he had 6 days of prior active service.  He was awarded or authorized the: 

* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states 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.  

6.  A review of the applicant's service record reveals no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, item 38 (Record of Assignment) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service, with the exception of an "unknown" rating during January/February 1972, while at Fort McPherson, GA.

7.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.  Ratings of “Unknown” for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least “Good” rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's service in Korea from on or about 16 December 1970 to 
9 January 1972 entitles him to award of the Korea Defense Service Medal and correction of his DD Form 214 to show this medal.

2.  The applicant served honorably during the period 6 May 1970 through 18 February 1972.  He completed 1 year, 9 months, and 13 days of active service (including his previous active service), received "excellent" conduct and efficiency ratings throughout his military service (except for an unknown period during a short stay at Fort McPherson, GA), and he attained the rank/grade of 
SGT/E-5.  His records do not contain any derogatory information that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show his medal.

3.  The Cold War Recognition Certificate (not Medal) 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.  He may submit a request in writing to the Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, Department 480, 1600 Spearhead Avenue, Fort Knox, KY  40122. 

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:
* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 6 May 1970 through 18 February 1972
* adding to his DD Form 214 the Korea Defense Service Medal and the Army Good Conduct Medal (1st Award)



      _______ _ 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)                                         AR20140019240



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ABCMR Record of Proceedings (cont)                                         AR20140019240



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