BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160001785 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ___x_____ ___x_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160001785 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 amending his 24 November 1978 DD Form 214 to show he was awarded or authorized the Korea Defense Service Medal (KSDM). 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 amending his DD Form 214 to show the Vietnam Service Medal, an overseas deployment, and his secondary MOS as "Red Eye Missile Crewman." _____________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. BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160001785 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, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 24 November 1978 to show: a. the Cold War Medal [hereafter referred to as the Cold War Recognition Certificate], the Vietnam Service Medal, the Korea Defense Service Medal (KSDM), and his overseas deployment; and b. his secondary specialty title as "Red Eye Missile Crewman." 2. The applicant states his record is in error due to administrative errors. 3. The applicant provides two pages from his DA Form 2-1 (Personnel Qualification Record – Part II). 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 25 November 1974 for training in military occupational specialty (MOS) 16P (Air Defense Artillery (ADA) Short Range Missile Crewman). 3. Special Orders Number 40, issued by Headquarters, U.S. Army Air Defense Center and Fort Bliss, Fort Bliss, TX, on 27 February 1975, awarded him MOS 16P. 4. His DA Form 2-1 shows he served in the Federal Republic of Korea from on or about 20 July 1976 to on or about 20 July 1977. There is no foreign service entry showing he served in the Republic of Vietnam. Item 35 (Record of Assignments) shows his MOS as 16P and principal duty as "Redeye." 5. The applicant's DD Form 214 shows he was honorably released from active duty on 24 November 1978. He completed 4 years of total active service. In addition, his DD Form 214 shows the following information: a. item 18f (Foreign and/or Sea Service this Period) credits him with 1 year of foreign service, b. item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded – * National Defense Service Medal * Expert Marksmanship Qualification Badge with Machine Gun Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar c. item 27 (Remarks) shows he served in Korea from 20 July 1976 to 20 July 1977. 6. The applicant's record is void of any documentation showing he deployed, at any time during his period of active service, to any locations in support of any named operations. There are no orders awarding the applicant any additional awards and decorations or MOSs within his military record. 7. His record is void of evidence showing he served in the Republic of Vietnam. 8. The applicant has requested award of the Cold War Recognition Certificate. 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. 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, Cold War Recognition, ATTN: AHRC-CWRS, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. Based on this information, the applicant’s request for the Cold War Recognition Certificate will not be discussed any further in this Record of Proceedings. REFERENCES: 1. Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 3 July 1965 through 28 March 1973. b. 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 28 July 1954 to a date to be determined by the Secretary of Defense. 2. Army Regulation 611-201 (Enlisted Career Management Fields and Military Occupational Specialties), in effect at the time, provided that the official title for MOS 16P was ADA Short Range Missile Crewman. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established the standardized policy for preparing and distributing the DD Form 214. It provided that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty, providing a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. a. Item 16a (Primary Specialty Number and Title) required the preparer to enter the separating Soldier's MOS code, title, and date of award. b. Item 17a (Secondary Specialty Number and Title) required the preparer to enter the separating Soldier's secondary MOS code, title, and date of award. c. Item 18f of the version in effect at the time of his active service was used to document the total amount of active service completed outside the continental limits of the United States during the period covered by the DD Form 214. d. Item 26 required the preparer to list all federally recognized awards and decorations the separating Soldier received during all periods of service. e. Item 27 of the version in effect at the time of his active service, was used for entries authorized by Headquarters, Department of the Army for which a separate item is not available on the DD Form 214, and as a continuation block to complete entries too long for their respective blocks. DISCUSSION: 1. The applicant served in the Republic of Korea from 20 July 1976 to 20 July 1977. This is a qualifying period for award of the KDSM. 2. The applicant's record is void of evidence showing he served in the Republic of Vietnam. The official end date of hostilities in Vietnam was 28 March 1973; this is through date of the last Vietnam campaign. The applicant's enlistment occurred on 25 November 1974, over 19 months after the end date of hostilities. 3. The applicant's service in the Republic of Korea was well documented in his record and on his DD Form 214. While there is no entry on his DD Form 214 specifying an overseas deployment, there was no regulatory requirement for such an entry at the time of his discharge. 4. His record is void of orders awarding him a secondary MOS or title. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001785 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001785 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2