IN THE CASE OF: BOARD DATE: 7 January 2016 DOCKET NUMBER: AR20150005703 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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Korea Defense Service Medal, Cold War Medal (Certificate), and the Army Good Conduct Medal. 2. He states these awards are not listed on his DD Form 214. 3. He provides his DD Form 214, effective 20 November 1968. 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 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 (NDAA), 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: U.S. Army Human Resources Command Cold War Recognition Program ATTN: AHRC-PDP-A 1600 Spearhead Division Avenue Fort Knox KY 50122 3. The applicant was inducted into the Army of the United States on 21 November 1966. He served in Korea from on or about 11 April 1967 to on or about 14 May 1968. 4. He was honorably released from active duty in the rank/pay grade of specialist five (SP5)/E-5 on 20 November 1968. His DD Form 214 shows he completed 2 years of total active service. He was awarded or authorized the: * Armed Forces Expeditionary Medal (Korea) * National Defense Service Medal * Marksman Marksmanship Qualification Badge with Rifle Bar 5. 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 all "excellent" conduct and efficiency ratings throughout his military service,. 6. Army Regulation 600-8-22 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. 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. 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 foreign service in Korea meets the criteria for award of the Korea Defense Service Medal. 2. The applicant served honorably during the period 21 November 1966 through 20 November 1968. He completed 2 years of active service, received all "excellent" conduct and efficiency ratings throughout his military service and he attained the rank/grade of SP5/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. He meets the criteria for award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service. 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 corrected by: * awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 21 November 1966 through 20 November 1968 * adding to his DD Form 214 the Korea Defense Service Medal and the Army Good Conduct Medal (1st Award) 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 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) AR20150005703 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005703 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1