ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                   IN THE CASE OF:

                   BOARD DATE:  31 January 2019  

                   DOCKET NUMBER:  AR20170015502


APPLICANT REQUESTS:  the following awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty): 

"Cold War Commemorative Military Medal" [SIC]
 Korea Defense Service Medal

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DD Form 215 (Correction to DD Form 214 Certificate of Release or Discharge from Active Duty)

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 reports he was authorized the "Cold Ward Commemorative Military Medal" [SIC] and Korea Defense Service Medal after his discharge date. 

3.  On 29 March 1963 the applicant enlisted in the Regular Army.  He received an honorable discharge on 31 August 1983.

4.  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.  
5.  The applicant has two DD Form 215s (Correction to DD Form 214 Certificate of Release or Discharge from Active Duty) in his records:
* With the date 9 January 2015, it shows adding the Korea Defense Service Medal 
* With the date 25 February 2016 it shows adding the Meritorious Service Medal

6.  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 have served on active duty in support of the defense of the Republic of Korea.  
BOARD DISCUSSION:

The Board considered the applicant’s request with all supporting documents, evidence in the service record and applicable policies and guidance.  

Approving the Cold War Commemorative Military Medal which is tied to the Cold War Recognition Certificate is done through the U.S. Army Human Resources Command and further information on how to submit for this award is listed under REFERENCES below.  Since another agency works this award, the Board denies request.

The DD Form 215 (Correction to DD Form 214 Certificate of Release or Discharge from Active Duty) dated 9 January 2015 shows the Korea Defense Service Medal was added to the applicant’s military records.  With the correction to the Korea Defense Service Medal already made, the Board denies request, but a copy of the DD Form 215, dated          9 January 2015 should be sent to the applicant for his records.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION







BOARD DETERMINATION/RECOMMENDATION:

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.

The Board recommends a copy of the DD Form 215, dated 9 January 2015 should be sent to the applicant for his records to show his Korea Defense Service Medal was previously corrected.

				 ___________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.

ADMINISTRATIVE NOTE(S):  Not applicable.


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.  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. Further information found at: https://www.thebalancecareers.com/how-to-obtain-a-cold-war-certificate-3332660
3.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal was authorized by Section 543, National Defense Authorization Act, 2003. It is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. 

ABCMR Record of Proceedings (cont)	 AR20170015502


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