IN THE CASE OF:	  

		BOARD DATE:	  10 February 2015

		DOCKET NUMBER:  AR20140010287 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the:

* National Defense Service Medal (NDSM)
* Overseas Service Commemorative Medal
* Vietnam Defense Commemorative Medal

2.  He states that these awards are not listed on his DD Form 214.

3.  He provides:

* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* Army Board for Correction of Military Records (ABCMR) Record of Proceedings, dated 12 February 2014

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 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's request for the award of the NDSM was previously approved in Docket Number AR20130009193, dated 12 February 2014.  As a result of this correction, the award of the NDSM will not be discussed any further in these Proceedings.  The applicant will be provided the new DD Form 215 adding the award of the NDSM.

3.  The applicant enlisted in the U.S. Army Reserve (USAR) and entered active duty on 22 June 1961.  He served in Vietnam from 16 March 1962 to 14 April 1963.  He was honorably released from active duty on 7 June 1963.  

4.  His DD Form 214 or DD Form 215 does not show the Overseas Service Commemorative Medal or the Vietnam Defense Commemorative Medal.

5.  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 is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, they may not be shown on a discharge document.

DISCUSSION AND CONCLUSIONS:

The applicant's request for award of the Overseas Service and Vietnam Defense Commemorative Medals was carefully considered.  However, according to the applicable regulation, commemorative medals may not be shown on a discharge document.  Therefore, they are appropriately not shown.

BOARD VOTE:

________  ________  ________  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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   _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)                                         AR20140010287





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ABCMR Record of Proceedings (cont)                                         AR20140010287



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