RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 August 2007
	DOCKET NUMBER:  AR20070004373 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Conrad V. Meyer

Chairperson

Mr. Dale E. DeBruler

Member

Ms. Ernestine R. Moya

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his records to show award of the Overseas Service Commemorative Medal, American Defense Service Medal, Honorable Service Commemorative Medal, 50th Anniversary Korean Defense Service Medal (sic), and the Army Commemorative Medal.

2.  The applicant states these awards were not in existence when he served, but he believes, in effect, he qualifies for them.

3.  The applicant provides copies of his three DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) and permanent change of station (PCS) orders assigning him to Korea in October 1964.

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.  With prior enlisted service from 14 December 1961 through 8 January 1963, the applicant accepted a commission as a US Army Reserve Second Lieutenant on 9 January 1963.  He served honorably until his release from active duty as a Captain on 31 August 1966.

3.  The applicant's DA Form 66 (Officer Qualification Record) shows in Item 18 that he was assigned to the Republic of Korea from 7 October 1964 through 15 October 1965.

4.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the American Defense Service Medal for service within the American Theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.

5.  Army Regulation 600-8-22 (Military Awards) states that 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.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility – land area of the Republic of Korea, or contiguous water out to 12 nautical miles, air space above the land and water area – for 30 consecutive or 60 nonconsecutive days.

6.  Most commemorative medals are not officially recognized.  Title 32, Code of Federal Regulations, Part 578 lists and discusses all official US military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official.  AR 600-8-22 (Military Awards) provides that such medals may not be shown on a discharge document (DD Form 214).  In addition, AR 670-1 (Wear and Appearance of Army Uniforms and Insignia) prohibits the wearing of commemorative medals.  Some commemorative medals are authorized by the United States Congress and minted by the US Mint.  The Pearl Harbor Commemorative Medal was minted by the United States Mint and is awarded to those personnel who were in Hawaii on 7 December 1941 during the Japanese attack on Pearl Harbor.  The medal is distributed to eligible personnel through the Pearl Harbor Survivors Association.  However, award of this medal is not governed by the provisions of AR 600-8-22 and, as a result, it may not be shown on a discharge document.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his records to show award of the Overseas Service Commemorative Medal, American Defense Service Medal, Honorable Service Commemorative Medal, Korea Defense Service Medal, and the Army Commemorative Medal.  Only the American Defense Service Medal and the Korea Defense Service Medal are recognized awards; the others are commemoratives.

2.  The applicant is not entitled to award of the American Defense Service Medal because he was not in the Army during the period of eligibility for that award.

3.  The applicant served in Korea from 7 October 1964 through 15 October 1965 and is, therefore, entitled to award of the Korea Defense Service Medal.  It should be awarded and added to his final DD Form 214.

4.  The Overseas Service Commemorative Medal, Honorable Service Commemorative Medal, and the Army Commemorative Medal are not recognized awards and cannot be awarded by the Army or added to a Soldier's DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__cvm___  __ded___  __erm___  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 awarding him the Korea Defense Service Medal for his service in Korea from 7 October 1964 through 15 October 1965, and by adding it to his DD Form 214 with an effective date of 31 August 1966.

2.  The Board further determined that 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 the American Defense Service Medal or the following commemoratives:  the Overseas Service Commemorative Medal, the Honorable Service Commemorative Medal, and the Army Commemorative Medal.



						Conrad V. Meyer
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070004373
SUFFIX

RECON

DATE BOARDED
20070821
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.