ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 9 July 2019 DOCKET NUMBER: AR20180007134 APPLICANT REQUESTS: correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 July 1992 to show the Meritorious Service Medal, Army Achievement Medal, the Korea Defense Service Medal, all service medals, and the Cold War Certificate. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * personal statement, dated 10 March 2018 * Permanent Order 40-02, dated 14 May 1992 * Permanent Order 101-46, dated 31 July 1992 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, in effect, his DD Form 214 for the period ending 31 July 1992 should show an Army Achievement Medal, a second Meritorious Service Medal, all service medals including the Korea Defense Service Medal and the Cold War Recognition Certificate. 3. The applicant 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, ATTN: AHRC-PDP-A, Dept. 480, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. In addition, he must submit supporting documentation that demonstrates his honorable service. 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. 4. With prior active federal service, the applicant enlisted on 14 December 1972 in the Regular Army. He served continuously. 5. Within his personnel service record is Permanent Order A-179-3, dated 2 November 1988, issued by Headquarters, III Corps and Fort Hood, Texas awarding him the Meritorious Service Medal for the period of service from 18 May 1984 to 2 November 1988. 6. Filed in his personnel service record as well as provided by the applicant is Permanent Order 40-02, dated 14 May 1992, awarding him the Army Achievement Medal. 7. The applicant provided Permanent Orders 101-46, dated 31 July 1992, awarding him the Meritorious Service Medal for the period from 1 August 1982 to 31 July 1992. (This award appears to be his retirement award based on its 10-year period of service.) 8. His record contains his DA Form 2-1 (Personnel Qualification Record) showing the following pertinent information: a. Item 5 (Overseas Service) – service in Korea from 6 August 1970 to 3 September 1971, a period of 13 months and service in Ryukyu Islands (U.S. Army – Pacific) from 6 July 1974 to 26 July 1975, for a period of 13 months. b. Item 9 (Awards, Decorations and Campaigns) shows the following awards and decorations in the order presented on the form: * National Defense Service Medal (2nd Award) * Army Service Ribbon * Overseas Service Ribbon * Meritorious Service Medal * Noncommissioned Officer (NCO) Professional Development Ribbon (3rd Award) * Army Commendation Medal * Army Good Conduct Medal (7th Award) * Armed Forces Expeditionary Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Pistol Bar 9. On 31 July 1992, he was honorably retired and transferred to the U.S. Army Reserve (Control Group – Retired). He was issued a DD Form 214 for his cumulative period of active service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the following awards: * Meritorious Service Medal * Army Commendation Medal * Army Achievement Medal * Army Good Conduct Medal (7th Award) * National Defense Service Medal (2nd Award) * Armed Forces Expeditionary Medal * NCO Professional Development Ribbon (with Numeral 3) * Army Service Ribbon * Overseas Service Ribbon * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Pistol Bar 10. In summary, the applicant’s official personnel record contains the same Army Achievement Medal order number as the one provided by the applicant. Concerning the Meritorious Service Medal, there are two distinct order numbers appearing to award the applicant two Meritorious Service Medals; however, only one Meritorious Service Medal is shown on his 1992 DD Form 214. Finally, based on his service in Korea and in accordance with Army Regulation 600-8-22, the applicant appears to be entitled to the Korea Defense Service Medal. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s request for the Cold War Certificate and determined it was not an award authorized to appear on discharge documents. The Board considered applicant’s request for an Army Achievement Medal and determined there was one order number for an AAM in the applicant’s record, and that award appeared already on his DD Form 214; there was no error. The Board considered the two separate order numbers for the Meritorious Service Medal and determined that one MSM was not reflected on the applicant’s DD Form 214. The Board determined that the applicant’s service in Korea entitled him to award of the Korea Defense Service Medal. 2. After reviewing the application and all supporting documents, the Board found that partial relief was warranted. 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: a. Awarding him the Korea Defense Service Medal for service in Korea from 6 August 1970 to 3 September 1971; b. Amending his DD Form 214 for the period of service ending 31 July 1992 to show in item 13 ((Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – o Meritorious Service Medal (1OLC) o Army Commendation Medal o Army Achievement Medal o Army Good Conduct Medal (7th Award) o National Defense Service Medal (2nd Award) o Korea Defense Service Medal o Armed Forces Expeditionary Medal o NCO Professional Development Ribbon (with Numeral 3) o Army Service Ribbon o Overseas Service Ribbon o Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) o Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) o Marksman Marksmanship Qualification Badge with Pistol Bar 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 an AAM (1OLC) and the Cold War Recognition Certificate to his DD Form 214. 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. Army Regulation 600-8-22 (Military Awards) prescribes policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Meritorious Service Medal is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service. After 16 January 1969 but prior to 11 September 2001, the Meritorious Service Medal was authorized to be awarded only for meritorious service or achievement while serving in a non-combat area. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. c. 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. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. d. Awards made by the President, the Secretary of Defense, and the Secretary of the Army are announced in Department of the Army General Orders. Awards of decorations and the Army Good Conduct Medal will be announced in permanent orders by the appropriate awards approval authority. Service medals and ribbons are administratively awarded to individuals who meet the qualifying criteria. 3. Army Regulation 635-5 (Separation Documents), as then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation states for item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to enter all awards for all periods of service. Check the Soldier's records for validity of awards. ABCMR Record of Proceedings (cont) AR20180007134 4 1