IN THE CASE OF 

		BOARD DATE:     29 July 2014 

		DOCKET NUMBER:  AR20130021678 


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 (Certificate of Release of Discharge from Active Duty) to show he is authorized the Korea Defense Service Medal and the Cold War Ribbon.  

2.  The applicant states the above awards were created after he retired.  It would be an injustice to deny him the awards because he had already retired.

3.  The applicant provides a copy of his DA Form 2-1 (Personnel Qualification Record - Part II) and two DD Forms 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.  Following prior Regular Army (RA) service, the applicant enlisted in the RA on 27 December 1978.  He held military occupational specialties (MOS) 77W (Water Treatment Specialist), 71L (Administrative Specialist), and 77F (Petroleum Supply Specialist).

3.  His DA Form 2-1 shows in:

	a.  Item 5 (Oversea Service) that he served two tours in Germany and one tour in Korea.

	b.  Item 9 (Awards, Decorations and Campaigns) the:

* Army Service Ribbon
* Overseas Service Ribbon (3rd Award)
* Noncommissioned Officer Professional Development Ribbon with 
 Numeral 2
* Army Achievement Medal (3th Award)
* Army Good Conduct Medal (6th Award)
* Driver and Mechanic Badge with Driver-W Bar
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar

4.  He was retired on 31 October 1996.  His DD Form 214 lists the Meritorious Service Medal in addition to the same awards listed on his DA Form 2-1.

5.  Army Regulation 600-8-22 (Military Awards) 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.  The Cold War Ribbon is not listed in Army Regulation 600-8-22 as an authorized award.

7.  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 Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, Department 480, 1600 Spearhead Avenue, Fort Knox, KY  40122-5408.  

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows he served a qualifying period for award of the Korea Defense Service Medal.  Therefore, this medal should be added to his DD Form 214.

2.  The Cold War Ribbon is not an authorized award and should not be added to his 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 adding the Korea Defense Service Medal to his DD Form 214 for the period ending 31 October 1996.

2.  The Board further determined 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 Ribbon as an authorized award on 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)                                         AR20110006177



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ABCMR Record of Proceedings (cont)                                         AR20130021678



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