ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 August 2019 DOCKET NUMBER: AR20180000747 APPLICANT REQUESTS: an update of his DD Form 214 (Certificate of Release or Discharge from Active Duty). * Army Service Medal * Korea Defense Service Medal * In effect, Cold War Certificate APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Letter – National Personnel Records Center, dated 17 April 2017 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 he was not recommended for the Korea Defense Service Medal, Cold War Victory Medal, or the Army Service Medal. Please correct his DD Form 214 to reflect them. The Board should consider correcting this injustice because it impedes state benefits he may receive as a Veteran. 3. The applicant’s service records shows: a. He enlisted in the Regular Army on 3 January 1977. b. He served in Korea from 24 February 1978 to 18 February 1979. He was credited with a normal tour completion. c. On 27 November 1979, the applicant applied for the Christmas Early Separation Program under the provisions of Department of the Army Message (DA Msg) 231935Z August 1979. His request was approved on 27 November 1979 with an early release date of 17 December 1979. d. He was honorably released from active duty in the rank/grade of specialist four/(E-4) on 17 December 1979 by reason of completion of required active service, and he was transferred to the U.S. Army Reserves to complete his remaining service obligation. e. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 2 years, 11 months, and 15 days of active military service. His character of service was honorable. 4. Army Regulation (AR) 600-8-22 (Military Awards) states: a. The Korea Defense Service Medal (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. The applicant meets the prerequisites for award of the KDSM. 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. c. The ASR was established by the SECARMY on 10 April 1981 as announced in AGO 1990–15. It is awarded to Soldiers of the U.S. Army for successful completion of initial entry training. Effective 1 August 1981, all members of the Regular Army, ARNG, and USAR in an active Reserve status are eligible for this award. The ribbon may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Regular Army status as defined above on or after 1 August 1981. 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found some relief was warranted. The applicant’s contentions were carefully considered. His record shows he served in the Republic of Korea; however, there is no evidence he was awarded the Korean Defense Service Medal. The Board agreed his record is absent evidence that shows he received a court-martial conviction or was denied an Army Good Conduct Medal (AGCM) by his commander; therefore, he should receive the AGCM. Finally, the applicant is advised to contact HRC for Cold War recognition, and the Army Service Ribbon was not authorized at the time of his separation. 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 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 awarding him the Army Good Conduct Medal (1st Award) for exemplary service from 3 January 1977 through 17 December 1979, and adding the following awards to his DD Form 214: * Army Good Conduct Medal (1st Award) * Korean 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 adding the Army Service Ribbon and Col War recognition. 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. 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 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. 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. 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 (Certificate of Release or Discharge from Active Duty). It stated for: a. Item 12f (Foreign Service), enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period). b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), self-explanatory. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180000747 5 1