IN THE CASE OF: BOARD DATE: 30 October 2014 DOCKET NUMBER: AR20140006759 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 the following awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty): * Korea Defense Service Medal (KDSM) * National Defense Service Medal (NDSM) * Cold War Service Medals (i.e., Cold War Recognition Certificate) * Humanitarian Service Medal (HSM) * Military Outstanding Volunteer Service Medal * Army Achievement Medal (AAM) and "letter" * "Airborne and Air Assault Commemorative Medal" * "U.S. Army Commemorative Medal" * Driver's Badge * "Wrecker Operator's Badge" * "Pershing Pocket Rocket" Award-for R tap-(Silver) 2. The applicant states, in effect: * he "served in the 101st Airborne Air Assault-Co. D-158 AVN BN" * the requested awards have been given to those who served during his enlistment * the medals he earned during his enlistment are not shown on his DD Form 214 * he served with pride as a volunteer 3. The applicant does not provide any additional evidence. 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 enlisted in the Regular Army on 17 November 1978. He completed training and was awarded military occupational specialty (MOS) 63B. The highest rank/grade he attained while on active duty was specialist four/E-4. On 16 November 1982, he was honorably released from active duty. He was credited with 4 years of active service. 3. His DA Form 2-1 (Personnel Qualification Record) shows in item 5 (Foreign Service) service in Korea for the period 5 October 1980 through 30 September 1981. 4. His DA Form 2-1, item 35 (Current and Previous Assignments) lists his principal duty titles as: * Power Generator Equipment Operator * General Mechanic * Wheeled Vehicle Operator * Wrecker Operator 5. His DD Form 214 shows he was awarded or authorized the: * Army Service Ribbon * Overseas Service Ribbon * Good Conduct Medal (2nd Award) * Mechanic Badge 6. Army Regulation 600-8-22 (Military Awards) states the KDSM 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. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. The basic criteria require that service members to have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or 60 nonconsecutive days. 7. Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined. 8. The applicant has requested award of the Cold War Recognition Certificate. The Award of 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. The applicant may submit a request in writing to CDR, AHRC, Cold War Recognition, 1600 Spearhead Division Ave. Fort Knox, KY 40122. Based on this information, the applicant’s request for the Cold War Recognition Certificate is not discussed any further. 9. There are no orders in his available record authorizing or awarding him the Humanitarian Service Medal during his period of service. 10. Army Regulation 600-8-22 provides, in pertinent part, that the Humanitarian Service Medal is awarded to members who distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature. A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation. 11. There are no orders in his available record authorizing or awarding him the Military Outstanding Volunteer Service Medal during his period of service. 12. Army Regulation 600-8-22 states the Military Outstanding Volunteer Service Medal may be awarded to members of the Armed Forces of the United States and their Reserve Components, who subsequent to 31 December 1992, perform outstanding volunteer community service of a sustained, direct and consequential nature. 13. There are no orders in his available record authorizing or awarding him the Army Achievement Medal during his period of service. 14. Army Regulation 600-8-22 provides, in pertinent part, that the Army Achievement Medal is awarded to any member 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 of orders are required. 15. Most commemorative medals are not officially recognized. Title 32, Code of Federal Regulations, Part 578 lists and discusses all official U.S. Military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official. Some commemorative medals are authorized by the U.S. Congress and are minted by the U.S. Mint. However, Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prohibits the wearing of commemorative medals. In addition, award of these medals are not governed by the provisions of Army Regulation 600-8-22 and as a result, they may not be shown on a discharge document. 16. Army Regulation 600-8-22 provides for award of the Driver and Mechanic Badge. To receive this award, the individual must qualify for and possess a U.S. Government Motor Vehicles Operator’s Identification Card, occupy a duty position with the title of driver or assistant driver for a minimum of 17 consecutive months or during 8000 miles have no Army motor vehicle accident or traffic violation recorded on the Equipment Operator’s Qualification Record, and must Perform satisfactorily for a minimum of one year as an active qualified driver instructor or motor vehicle driver examiner. 17. Army Regulation 600-8-2 does not include the "Wrecker Operator's Badge" as an authorized award or decoration. 18. The Pershing Professionals Badge was a local individual award created by the 56th Artillery Group to recognize proficiency on the Pershing nuclear missile system. It was awarded from December 1968 through 1979. Originally awarded only in bronze, silver and gold versions of the badge were later developed. Cloth versions of the badge were also available. The badge was colloquially known as the Pocket Rocket or Pershing Pickle. 19. The 3rd Ordnance Battalion, 59th Ordnance Brigade allowed some Soldiers to wear the badge for supporting the missile launches performed at Cape Canaveral. The 3rd Battalion, 9th Field Artillery Regiment was the Pershing training unit at Fort Sill, OK. In 1976, they developed the similar Field Artillery Missile Man's Badge for proficiency. The badge was a red rectangle with a silver missile and was awarded in basic, senior, and master levels. In 1978, the Army began to rescind authorization for local uniforms and awards and the badge was withdrawn in 1979. Remaining badges were generally given as gifts to departing members. 20. The badge is an honorary award and, as such, is not authorized for wear, for entering on the DD Form 214, or for filing in the Official Military Personnel File. DISCUSSION AND CONCLUSIONS: 1. His records show he served in Korea for one year. Based on his service in Korea, he is eligible for award of the KDSM. It would be appropriate to correct his DD Form 214 to show this award. 2. The governing regulation establishes the specific periods of service during which the National Defense Service Medal is authorized. The evidence of record confirms the applicant's entire period of active duty service was performed after the third period during which the National Defense Service Medal was authorized that ended on 30 November 1995, and prior to the latest period during which the National Defense Service Medal was authorized that began on 11 September 2001. Therefore, he does not meet the eligibility criteria for this award. 3. There is no evidence indicating the applicant was recommended for or awarded the following awards: * Humanitarian Service Medal * Military Outstanding Volunteer Service Medal * Army Achievement Medal (AAM) 4. Absent orders awarding him the above mentioned awards or official documentation confirming that such orders were published, there is an insufficient basis upon which to correct his DD Form 214 to show these awards. 5. The applicant contends that his DD Form 214 should be corrected to show the following commemorative medals because he feels he has earned them: * "Airborne and Air Assault Commemorative Medal" * "U.S. Army Commemorative Medal" 6. The governing regulation does not authorize entry of commemorative medals on the DD Form 214. 7. There is insufficient evidence to support the applicant's contention regarding the Driver's Badge. The governing regulation requires a specific duty position with the title of driver or assistant driver for a minimum of 17 consecutive months. The applicant's available record does not show his duty title as driver or assistant driver. 8. The governing regulation does not provide for a “Wrecker Operator’s Badge.” 9. The applicant's request regarding the Pershing Professionals Badge, colloquially known as the Pocket Rocket, is found to be without merit. The applicant's record does show that he served with the 59th Ordinance Brigade. However, by regulation, the badge is an honorary award and, as such, is not authorized for wear, for entering on the DD Form 214, or for filing in the Official Military Personnel File. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X___ ____X___ ___X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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 his DD Form 214 the Korea Defense Service Medal. 2. The Board further determined that the evidence presented was 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 award of: * National Defense Service Medal * Cold War Service Medals * Humanitarian Service Medal * Military Outstanding Volunteer Service Medal * Army Achievement Medal and "letter" * "Pershing Pocket Rocket " Award-for R tap-(Silver) * Driver's Badge * Wrecker Operator’s Badge * Commemorative Medals _______ _ 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. ABCMR Record of Proceedings (cont) AR20140006759 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140006759 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1