RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 October 2005 DOCKET NUMBER: AR20050000895 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Mr. Carl W. S. Chun Director Mr. G. E. Vandenberg Analyst The following members, a quorum, were present: Mr. James E. Vick Chairperson Mr. Conrad V. Meyer Member Ms. Linda M. Barker Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his records be corrected by awarding him the Army of the Occupation Medal and the Korean Service Medal. 2. The applicant states, in effect, his records do not include these awards and he has only recently been advised of his entitlement. 3. The applicant provides no supporting documentation. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error which occurred on 7 July 1987, the date of his discharge. The application submitted in this case is dated 11 January 2005. 2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file. 3. The records show the applicant entered active duty on 5 May 1981, completed training, and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman). 4. The record contains a Certificate of Award of the IMJIN Scout Insignia for commendable service in defense of the Korean Demilitarized Zone for the period 4 December 1981 through 3 March 1982. 5. A DA Form 2-1 (Personnel Qualification Record) indicates the applicant served in Korea from 12 August 1981 through 11 August 1982 with C Company, 1st Battalion, 9th Infantry Regiment; in Germany from 22 March 1983 through 20 January 1985 with A Company, 1st Battalion, 16th Infantry Regiment; and in Germany from 10 October 1986 through 11 October 1989 with the Combat Support Company, 5th Battalion, 502nd Infantry Regiment, Berlin Brigade. 6. The DA Form 2-1 lists his awards and decorations as the Good Conduct Medal, the Army of Occupation Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Expert Badge with Grenade Bar, and the Marksman Badge with Rifle Bar. 7. The applicant received a general discharge on 7 July 1987. He had 6 years, 2 months, and 3 days of creditable service. 8. The 7 July 1987 DD Form 214 (Certificate of Release or Discharge) lists his awards and decorations as the Good Conduct Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Expert Badge with Grenade Bar, and the Marksman Badge with Rifle Bar. 9. Army Regulation 600-8-22 (Military Awards) provides for award of the Army of Occupation of Berlin based on qualifying service between 9 May 1945 and 2 October 1990. The Army of Occupation Medal clasp is a bronze bar 1/8-inch by 1 1/2 inches with the word "Germany" or "Japan" inscribed thereon, to denote occupation duty rendered in Europe and/or the Far East. Clasps bearing other inscriptions are not authorized. 10. Army Human Resources Command Message (Date Time Group 9 February 2004) published implementing instructions for award of the Korea Defense Service Medal. Award of the Korea Defense Service Medal is based on qualifying service in the theater of operations between 28 July 1954 and a future date to be determined by the Secretary of Defense. 11. As a matter of information, on the occasion of the 50th anniversary of the Korean War, the Government of the Republic of Korea issued the Korean War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world. On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign service award to eligible US veterans of the Korean War, or their surviving next of kin. The medal is provided at no cost to veterans. 12. The Department of Defense assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans or their surviving next of kin. To apply, veterans must submit a copy of their discharge paper (DD Form 214) to the Awards and Decorations Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base, Texas 78150-4714. A sample request form is being provided to the applicant. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to the DD Form 214. 13. Award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 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. The applicant may submit a request in writing to CDR, AHRC, Cold War Recognition, Hoffman II, Attn: AHRC-CWRS, 3N45, 200 Stovall Street, Alexandria, VA 22332-0473. DISCUSSION AND CONCLUSIONS: 1. The applicant served in Berlin, Germany during the period for which the Army of Occupation of Berlin Medal was authorized and the award is denoted on his DA Form 2-1. 2. The applicant did not serve in Korea during the period for which the Korean Service Medal was authorized. However, he did serve during the period for which the Korea Defense Service Medal is authorized. 3. Therefore, the applicant's records should be corrected to show that, in addition to the awards listed on his DD From 214, he is also authorized the Army of Occupation Medal with Germany Clasp and the Korea Defense Service Medal. 4. Additionally, the applicant may be entitled to the Korean War Service Medal and/or the Cold War Recognition Certificate. The Board is not currently authorized to directly act on these awards and the applicant should apply to the proper authorities as noted above. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __CVM__ _JEV____ __LMB__ 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 and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that, in addition to the awards listed on his DD From 214, he is also authorized the Army of Occupation Medal with Germany Clasp and the Korea Defense Service 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 Korean Service Medal. ___ James E. Vick___________ CHAIRPERSON INDEX CASE ID AR20050000895 SUFFIX RECON DATE BOARDED 20051026 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY . . . DISCHARGE REASON BOARD DECISION GRANT REVIEW AUTHORITY ISSUES 1. 107 2. 3. 4. 5. 6.