IN THE CASE OF:	  

		BOARD DATE:	       30 DECEMBER 2008

		DOCKET NUMBER:  AR20080009991 


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 award of the Cold War Victory Commemorative, the American Defense Commemorative Medal, the Army Commendation Medal, and the Honorable Service Medal.  

2.  The applicant states that according to facts, he is qualified to receive all the requested medals. 

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 8 June 1955; copies of two letters, dated 17 September 2001 and 19 May 2008, from the National Personnel Records Center (NPRC); a copy of information from the hospital admission cards, created on 19 September 1993 by the Office of the Surgeon General (OTSG); and a commercial brochure of U.S. Military Commemorative Medals, in support of his application.

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’s military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he entered active duty in Fargo, North Dakota, on 13 August 1953 and that he was trained in military occupational specialty (MOS) 1603 (Antiaircraft Artilleryman).  This form also shows that at the time of his separation, the applicant was assigned to Battery A, 38th Anti-Aircraft Artillery (AAA) Missile Battalion. 

4.  The applicant's DD Form 214 also shows he completed 1 year, 9 months, and 26 days of military service.  He was honorably separated and transferred to the U.S. Army Reserve on 8 June 1955.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal.  Item 27 does not show award of the Army Commendation Medal.

6.  The applicant's reconstructed records do not contain orders awarding him the Army Commendation Medal.

7.  Army Regulation (AR) 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

8.  Title 10 of the U. S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

9.  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 and may be reviewed at the following web address: https://www.hrc.army.mil/site/active/TAGD/coldwar.default.htm.

10.  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.  However, award of several medals is not governed by the provisions of AR 600-8-22 and, as a result, may not be shown on a discharge document.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Army Commendation Medal, there is no evidence available and the applicant did not provide substantiating evidence that shows he was recommended for or awarded the Army Commendation Medal.   As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required for award of the Army Commendation Medal.

2.  Nevertheless, while the available evidence is insufficient for awarding the applicant the Army Commendation Medal, this in no way affects the applicant’s right to pursue his claim for the Army Commendation Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

3.  The Cold War Victory Commemorative, the American Defense Commemorative Medal, and the Honorable Service Medal are not recognized awards and cannot be awarded by the Army or added to a Soldier's DD Form 214.
4.  If the applicant's intent is to request the Cold War Certificate, issue of this certificate is not within this Board's authority.  The applicant is advised to contact the web site listed in Paragraph 9 of the Consideration of Evidence section to request his certificate.

5.  In order to justify correction of a military record the applicant must, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit evidence that would satisfy that requirement.

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.




      _______ _XXX   _______   ___
               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)                                         AR20080009991



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ABCMR Record of Proceedings (cont)                                         AR20080009991



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