ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  29 May 2019

	DOCKET NUMBER:  AR20170000091


APPLICANT REQUESTS:  an update of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to shows: 

* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Chronic Tonsillitis disability
* In effect, Cold War Certificate and Overseas Service Ribbon 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Self-authored statement
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge
* DD Form 215 (Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge)
* General Orders Number 36 (Award of the Good Conduct Medal-First Award)
* Special Order Number 134 (Marksmanship Qualification and Badge)
* Special Order Number 133 (Assignment to Pirmasens, Germany)
* Special Order Number 117 (Assignment to Fort McArthur, CA)
* Special Orders Number 97 (Assignment to Camp Carrol, Korea)
* Special Orders Number 64 (Assignment to Fort Baker, CA)
* Veterans Administration Letter (Disability and Compensation Decision)
* DD Form 1343 (Notification of Change in Service Member’s Official Records)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 



2.  The applicant states:

* His DD Form 214 doesn’t show him receiving the Good Conduct Medal
* His DD Form 214 doesn’t show him firing his individual weapon and receiving an expert qualification rating with his individual weapon
* His DD Form 214 didn’t mention his service disability of Chronic Tonsillitis
* He asks if his overseas tours qualify him for the Cold War Recognition Medal and the Overseas Service Ribbon

3.  The applicant’s service records shows:

	a.  He enlisted in the Regular Army on 8 November 1966.

	b.  He accepted nonjudicial punishment for failure to report to reveille formation on 30 November 1966.

	c.  He served in Korea from 8 April 1967 to 10 May 1968.  He was credited with a normal tour completion.

	d.  On 14 November 1968, Special Order Number 134 awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

	e.  He served in Germany from 10 December 1968 to 22 April 1969.  He did not receive credit for a completed tour.

	f.  On 5 March 1969, the applicant applied for early separation to attend post-secondary school.  His request for early release from active duty was approved by the separation authority on 24 March 1969 under the provisions of Army Regulation (AR) 635-200, Chapter 5, Section VIII.  His rotation date from overseas was established as no earlier than 15 August 1969.

	g.  On 6 August 1969, General Orders Number 36 awarded the applicant the Army Good Conduct Medal (1st Award).

	h.  He was honorably released from active duty in the rank/grade of specialist four/  E-4 on 15 August 1969 by reason of early separation to attend school, and he was transferred to the U.S. Army Reserve to complete his remaining service obligation.

	

i.  His DD Form 214 shows he completed 2 years, 9 months, and 8 days of active military service.  His character of service was honorable.  His DD Form 214 also shows he was awarded or authorized:  

* Armed Forces Expeditionary Medal
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

	j.  He was issued a DD Form 215 to correct his service number to read 
RA 18 841 300.

4.  AR 600-8-22 (Military Awards) states:

	a.  The Overseas Service Ribbon is awarded to active members of the United States Army, Army National Guard and Army Reserve credited with a normal overseas tour completion after 1 August 1981.  The ribbon may be awarded retroactively to those personnel who were credited with a normal overseas tour completion prior to 1 August 1981 provided they have an active Army status as defined above on or after                  1 August 1981.

	b.  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. 

5.  By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  The information entered thereon reflects the conditions as they existed at the time of separation.  The applicant was separated early to attend school.  No indication he was separated due to Chronic Tonsillitis disability

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined partial relief is warranted.  The applicant’s contentions were carefully considered.  The analyst of record provided relief as shown in the administrative notes below.  The Board recommended denying the portion of the request relating to The Cold War certificate because that is requested through HRC.  The applicant is not eligible for the OSR as his service was performed before the ribbon’s retroactive effective date.  Finally, regulatory guidance does not provide for the listing of diagnosis on separation documents.  

BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

X	X	X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  Prior to closing the case, the Board noted the administrative notes below by the analyst of record and recommended those changes be completed to more accurately depict the military service of the applicant.


	 
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.

ADMINISTRATIVE NOTE(S):

A review of the applicant’s records shows he was awarded or authorized an award not listed on his DD Form 214.  As a result, amend his DD Form 214 by adding the:

* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Korea Defense Service Medal



REFERENCES:
1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  Army Regulation (AR) 600-8-22 (Military Awards) states:

	a.  The Overseas Service Ribbon is awarded to active members of the United States Army, Army National Guard and Army Reserve credited with a normal overseas tour completion after 1 August 1981.  The ribbon may be awarded retroactively to those personnel who were credited with a normal overseas tour completion prior to 1 August 1981 provided they have an active Army status as defined above on or after                  1 August 1981.

	b.  The Cold War Recognition Certificate was established by Public Law 105-85, Section 1084 and Secretary of Defense Memorandum dated 10 June 1998.  AR 600-8-22, Chapter 10, paragraph 10-8 provides the certificate was established to recognize all members of the Armed Forces and qualified Federal government civilian personnel who faithfully and honorably served the United States during the Cold War Era from 2 September 1945 to 26 December 1991.  The certificate may be awarded posthumously to those whose relatives apply on their behalf.  There is no charge for a Cold War Recognition Certificate nor has a medal been authorized or issued for Cold War Recognition.

	c.  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.  

3.  AR 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing and distributing DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  It stated for:

	a.  Item 22c (Foreign Service), enter the total amount of foreign service completed during the period covered in item 22a (1) (Net Active Service This Period).

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), self-explanatory.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170000091


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