IN THE CASE OF: BOARD DATE: 8 June 2022 DOCKET NUMBER: AR20210017730 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show any and all awards associated with his foreign service in Korea and Germany, specifically: * Cold War Certificate * Germany Certification * Good Conduct Medal * United States Defense Medal APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Certification of Military Service * Honorable Discharge Certificate * DA Form 2-1 (Personnel Qualification Record) * Report of Medical Examination * Dental Record * Orders of promotion to E-4 * Reenlistment document FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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 would like all medal and award certifications for his service in Korea (1976 to 1977) and Germany (1979-1981). 3. Regarding the Cold War Certificate, this not an award or decoration. It is a certificate. a. Public Law 105–85, Section 1084, established a Cold War Recognition Certificate 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 Cold War Recognition System home-page announces the program and provides instructions for individual requests. See their home-page at: https://www.hrc.army.mil/site/active/TAGD/coldwar.default.htm. b. Veterans may fill out a printable application and mail to the Cold War Office with proof of service. An acceptable supporting document includes any official government or military document that contains the recipient's name, Social Security Number or Military Service Number or Foreign Service Number, and a date showing at least one day of service during the Cold War era (2 September 1945 to 26 December 1991). Veterans may also submit a signed and dated letter containing the same information as the application (full name, address, identification including type (SSN, MSN, or FSN), applicant name if different from recipient, and email address (if available)) and must include the phrase "I confirm my faithful and honorable service to the nation during the Cold War Era." Please submit the completed and signed application along with copies of supporting documents to: USAHRC, Cold War Recognition Program, ATTN: AHRC- PDP-A, Dept. 480, 1600 Spearhead Division Avenue, Fort Knox, KY 40122-5408. c. This issue will not be discussed further in this Record of Proceedings. 4. Regarding "Germany Certification," it is unclear what specific foreign medal the applicant is referring to. 5. Review of the applicant's available service records shows: a. He enlisted in the Regular Army on 27 June 1975. He held military occupational specialty 55B (Ammunition Specialist). b. His DA Form 2-1 (Personnel Qualification Records) shows he served in Korea from 12 January 1976 to 11 February 1977, completing 13 months of foreign service and receiving credit for an overseas tour. c. He was honorably discharged on 9 February 1978 for immediate reenlistment. He was issued a Certification of Military Service capturing his 2 years, 7 months and 13 days of active service. d. He reenlisted on 10 February 1978. He served in Germany from 15 April 1979 to 14 January 1981. e. He was honorably released from active duty on 9 February 1981. His DD Form 214 for this period shows he completed 3 years of active service and 2 years, 7 months and 13 days of prior active service, for a total of 5 years, 7 months, and 13 days. It also shows he was awarded or authorized: * Marksman Qualification badge with Rifle Bar * Expert Qualification Badge with Grenade Bar * Good Conduct Medal 4. There is no evidence in the applicant's record and he provides none to show he was recommended for or awarded any personal decorations, such as Army Achievement Medal, Army Commendation Medal, or Meritorious Service Medal. 5. Regarding the "United States Defense Medal," there is no such award in the DOD Awards Manual or Army Regulation (AR) 600-8-22 (Military Awards). The applicant might be referring to the National Defense Service Medal. If that is the case, this medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined. The applicant did not serve during any of those periods. His service was from 27 June 1975 to 9 February 1981. 6. By regulation (AR 600-8-22), 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, assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, from 28 July 1954 to a date to be determined by the Secretary of Defense. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that partial relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. One possible outcome was to deny relief based on the applicant did not meet the criteria for the awards. However, upon review of the applicant’s petition and available military records, the Board majority found he served in Korea for 13 months from 12 January 1976 to 11 February 1977 and met the criteria for award of the Korea Defense Service Medal. Furthermore, the Board determined the applicant's service record did not reflect he was awarded his AGCM 2nd award and his record shows he received "excellent" conduct and efficiency ratings throughout his service. Based on this partial relief was granted to award him the Korea Defense Service Medal and the Army Good Conduct Medal 2nd award. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending his DD Form 214 to add: the Army Good Conduct Medal 2nd Award and the Korea 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 award of Germany Certification and the United States Defense Medal (which we believe is the National Defense Service Medal). 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, United States 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 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. 2. Army Regulation 600-8-22 (Military Awards) provides for the following awards: a. The Army Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training. The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. b. The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. 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 area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area. The period of eligibility is from 28 July 1954 to a date to be determined by the Secretary of Defense. The member must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days. d. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210017730 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1