IN THE CASE OF:	  

		BOARD DATE:	       27 August 2009

		DOCKET NUMBER:  AR20090006450 


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 the Overseas Medal [sic] and the Cold War Victory Medal.  He also requests the actual medals be issued to him.

2.  The applicant states that he served in Germany from 1959 to 1962 and his DD Form 214 does not show either medal. 

3.  The applicant provides a copy of his DD Form 214, dated 12 May 1962, in support of his request.

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 records show he enlisted in the Regular Army for a period of 3 years on 10 April 1959.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 140 (Basic Field Artillery).  He was honorably released from active duty on 12 May 1962 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) for completion of his Reserve obligation.  The DD Form 214 he was issued shows the following entries:

	a.  item 11c (Reason and Authority) shows he was separated under the provisions of paragraph 7 of Army Regulation 635-205 (Personnel Separations) (Early Release of Overseas Returnee);

	b.  item 13 (Last Duty Assignment and Major Command) shows he was assigned to A Battery, 2nd Gun Battalion, 38th Artillery, Europe; and 

	c.  item 14c (Foreign and/or Sea Service) shows he completed 2 years, 7 months, and 18 days of foreign service.  However, the entry does not indicate the country and/or major command of this period of foreign service. 

3.  The applicant's DA Form 24 (Record of Service), contemporaneous to his period of service, is not available for review with this case.  This form would have shown the dates and/or location of his foreign service.

4.  The available evidence shows he remained in the USAR from 13 May 1962 to 31 March 1965.  He subsequently enlisted in the U.S. Marine Corps on 5 October 1965 and was separated on 6 December 1967.  

5.  The available evidence also shows he enlisted in the Indiana Army National Guard (INARNG) on 18 September 1973 and subsequently executed several extensions and/or reenlistments in the ARNG, including a 6-yerar reenlistment on 27 August 1983.  He was issued a Notification of Eligibility for Retired Pay 
(20 year letter) on 11 April 1991 and was transferred to the Retired Reserve on 31 March 1992.  

6.  Army Regulation 600-8-22 (Military Awards) shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, ARNG, 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 completing a normal overseas tour before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal. 
7.  In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act (Public Law 105-85) Congress authorized the Secretary of Defense to award a Cold War Victory Medal to all veterans of the Cold War.  To date, the Secretary of Defense has not awarded a Cold War Victory Medal, but has instead opted to issue a 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 – September 2, 1945 to December 26, 1991.  Eligible personnel must apply for the certificate on their own behalf.  The Cold War Recognition System home-page – http://coldwar.army.mil – gives information and provides instructions for individual requests.  Eligible personnel may also send their request by regular mail to Commander, U.S. Army Human Resources Command, Cold War Recognition, ATTN: HRC-CWRS, Room 3N45, 200 Stovall Street, Alexandria, VA 22332-0473, with supporting evidence.

DISCUSSION AND CONCLUSIONS:

1. The applicant contends that his DD Form 214 should be corrected to show the Overseas Medal [sic] and the Cold War Victory Medal.  He also requests that the actual medals be issued to him.

2.  There is no Overseas Medal.  The Overseas Service Ribbon was established 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.  The applicant completed 2 years, 7 months, and 18 days of foreign service.  However, the entry does not indicate the country of foreign service or whether he was credited with a full overseas tour.  Additionally, his DA Form 24 which would have confirmed his credit of an oversea tour, is not available for review.  Therefore, there is insufficient evidence to show he met the criteria for award of the Overseas Service Ribbon.

3.  There is no Department of Defense Cold War Victory Medal.  Commemorative medals being sold by private vendors are not official and are not authorized to be worn on military uniforms.  The issuance of the Cold War Certificate is not within this Board's authority.  Additionally, the award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 and, as a result, may not be shown on a discharge document.  The applicant is advised to contact the address/web site listed in Paragraph 7 above to request his certificate.

4.  The ABCMR corrects records; the Board does not issue medals or badges.  Any questions or concerns regarding replacement medals and badges should be referred to the appropriate agency.  Requests for the issuance or replacement of military service medals, decorations, awards, badges, and corresponding accouterments should be directed to the specific branch of the military in which the veteran served.  For Army personnel, the National Personnel Records Center will verify the awards to which a veteran is entitled and forward the request with the verification to the appropriate service department for issuance of the medals. Written requests with appropriate supporting evidence may be addressed to the National Personnel Records Center, 9700 Page Avenue, St. Louis, MO 63132-5100.  Once verified, the replacement medals and devices are shipped to the veteran by the U.S. Army Tank Automotive and Armaments Command (TACOM), Clothing and Heraldry (PSID), Post Office Box 57997, Philadelphia, PA 19111.

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)                                         AR20090006450



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ABCMR Record of Proceedings (cont)                                         AR20090006450



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