IN THE CASE OF:	  

		BOARD DATE:	  8 December 2009

		DOCKET NUMBER:  AR20090011467 


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, in effect, award of the Army Commendation Medal, the "Overseas Service Commendation Medal" (correctly known as the Overseas Service Ribbon), the "National Guard/Reserve Service Commendation Medal," the "American Defense Commendation Medal" (correctly known as the American Defense Service Medal), the "Cold War Commendation Medal" (correctly known as the Cold War Recognition Certificate), and the National Defense Service Medal.  

2.  The applicant states that he was drafted in August 1955, that he attended basic and advanced training at Fort Knox, Kentucky, and that he "gyroscoped" to Germany in 1956 with his unit.  He states that following his discharge in July 1957, he served in the active U.S. Army Reserve (USAR) until 30 July 1961.  

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or Discharge); discharge orders from the USAR; a letter, dated 7 May 2009, from the National Personnel Records Center in St. Louis, Missouri; a letter, dated 
29 June 2001, from the Disabled American Veterans; and a Questionnaire about Military Service) 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.  With regard to the applicant's request for 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 (Military Awards) 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 Commander, U. S. Army Human Resources Command, Cold War Recognition, Hoffman II, ATTN:  AHRC-CWRS, Room 3N45, 200 Stovall Street, Alexandria, VA  22332-0473.  Based on this information, the applicant’s request for the Cold War Recognition Certificate will not be discussed further in these proceedings.

3.  The applicant's military records are not available to the Board.  This case is being considered using reconstructed records which primarily consists of the documents provided by the applicant.

4.  The applicant's DD Form 214 shows he was inducted into the Army of the United States on 29 August 1955.  He trained as a light weapons infantryman and was released from active duty on 1 July 1957 and transferred to the USAR to complete his remaining service obligation.  The applicant was discharged from the USAR effective 31 July 1961.

5.  The applicant's DD Form 214 shows the Good Conduct Medal as an authorized award.  Item 24c (Foreign and/or Sea Service) on his DD Form 214 shows he served 1 year and 17 days of foreign service. 

6.  There are no orders for the Army Commendation Medal in the available records.

7.  Army Regulation 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.  Army Regulation 600-8-22 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, 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.

9.  Army Regulation 600-8-22 (Military Awards) does not show the "National Guard/Reserve Service Commendation Medal" as an authorized award.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Army Reserve Components Achievement Medal (ARCAM) was established by the Secretary of the Army on 3 March 1971.  The ARCAM is authorized for award to Army personnel in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or Army Reserve troop program unit or as an individual mobilization augmentee.  Since 
3 March 1972 the medal has been authorized on completion of 4 years service with a Reserve Component unit.  Individuals must have completed 4 years of qualifying service on or after 3 March 1972 and before 28 March 1995.  Beginning on 28 March 1985, the period of qualifying service for award of the ARCAM was reduced from 4 to 3 years.  This change is not retroactive.  Such years of qualifying service must have been consecutive.  A period of more than 24 hours between Reserve enlistments or officer’s service will be considered a break in service.  Credit toward earning the award must begin anew after a break in service.  

11.  Army Regulation 600-8-22 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.

12.  Army Regulation 600-8-22 provides, in pertinent part, that 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.
DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the Army Commendation Medal in the available records.  Therefore, there is insufficient evidence on which to base award of the Army Commendation Medal in this case.

2.  Since the applicant did not have an Active Army status on or after 1 August 1981, there is no basis for granting his request for the Overseas Service Ribbon.

3.  Since Army Regulation 600-8-22 does not show the "National Guard/Reserve Service Commendation Medal" as an authorized award, there is no basis for granting the applicant's request for this medal.  If the applicant meant the ARCAM, he is not eligible for this medal since it was not established until 1971.

4.  The applicant did not serve a period of qualifying service for award of the American Defense Service Medal or the National Defense Service Medal. 

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)                                         AR20090011467





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ABCMR Record of Proceedings (cont)                                         AR20090011467



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