IN THE CASE OF: BOARD DATE: 5 September 2018 DOCKET NUMBER: AR20170000218 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 IN THE CASE OF: BOARD DATE: 5 September 2018 DOCKET NUMBER: AR20170000218 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 to item 26 of his DD Form 214 the National Defense Service Medal. 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 a "Vietnam Era Medal and Cold War Medal." _____________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. IN THE CASE OF BOARD DATE: 5 September 2018 DOCKET NUMBER: AR20170000218 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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show a "Vietnam Era Medal and Cold War Medal" hereafter known as the National Defense Service Medal and the Cold War Recognition Certificate. 2. The applicant states he discovered from another Veteran that he is entitled to more medals for his service. He served during the period from February 1961 to January 1964 and during this period he served in Korea from 1961 to 1962. 3. The applicant provides – * personal statement dated 22 November 2016 * DA Form 137 (Installation Clearance Record) * DD Form 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. The applicant has requested 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. 3. The applicant enlisted in the Regular Army on 26 January 1961. 4. The applicant’s official military personnel record contains his DA Form 24 (Service Record) showing he served in Korea from 12 July 1961 through 11 September 1962. There is no record showing he served in the Republic of Vietnam. 5. On 24 January 1964, the applicant was honorably released from active duty. He was issued a DD Form 214 upon his release from active duty showing in item 26 (Decorations, Medals, Badges,, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the following awards: * Army Commendation Medal * Good Conduct Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (Carbine) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 6. On 11 July 2011, the ABCMR corrected his record and issued him a DD Form 215 (Correction to DD Form 214) adding the Korea Defense Service Medal as an authorized award. REFERENCES: Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. This same regulation does not identify a “Cold War Medal” as an authorized medal requiring its entry on the DD Form 214. DISCUSSION: His service from 26 January 1961 to 24 January 1964 meets the criteria for the National Defense Service Medal. This award is not reflected on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170000218 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000218 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2