BOARD DATE:	  27 May 2010

		DOCKET NUMBER:  AR20090020213 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the following awards:

* Armed Forces Expeditionary Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Cold War Commemorative Ribbon
* NATO Service Commemorative 
* Honorable Service (Medal or Ribbon)

2.  The applicant states that he is eligible for the above awards but he never received them.

3.  The applicant did not provide any additional documentary evidence 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 was inducted into the Army of the United States on 18 January 1971 and he held military occupational specialty 13A (Field Artillery Basic). 

3.  His records also show he served in Germany from on or about 5 June 1971 to 7 January 1973.  He was assigned to the 2nd Battalion, 5th Field Artillery Regiment. 

4.  He was honorably released from active duty on 8 January 1973 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining reserve obligation.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  There is no indication that he had an active Army status subsequent to his release from active duty on 8 January 1973.

7.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  It is awarded to members of the U.S. Army for successful completion of overseas tours.  Effective 1 August 1981, all members of the Active Army, Army National Guard and Army Reserve in an active Reserve status are eligible for this award.  The ribbon 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 as defined above on or after 1 August 1981.  

	b.  The Army Service Ribbon was established by the Secretary of the Army 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 upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

	c.  The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 
30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  Qualifying service for this award includes Berlin, from 14 August 1961 to 1 June 1963.  

	d.  The NATO Medal is awarded by the Secretary-General of the North Atlantic Treaty Organization (NATO) to military and civilian members of the Armed Forces of the United States who participate in designated NATO operations.  Acceptance of the NATO Medal has been approved for U.S. military personnel who serve under NATO command or operational control in direct support of specific NATO operations, including the former Republic of Yugoslavia, Kosovo, the Balkans, and Afghanistan.   

8.  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 address:  U.S. Army Human Resources Command, Cold War Recognition Program, Hoffman II, Room 3N45, ATTN: AHRC-CWRS, 200 Stovall Street, Alexandria, VA 22332-0473 or at the following web address: https://www.hrc.army.mil/site/Active/TAGD/coldwar/default.htm.

9.  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.  Army Regulation 600-8-22 provides that such medals may not be shown on a discharge document (DD Form 214).  In addition, Army Regulation 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 such medals is not governed by the provisions of Army Regulation 600-8-22 and, as a result, may not be shown on a discharge document.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded several service and commemorative awards and his DD Form 214 should be corrected to list them.

2.  With respect to the Army Service Ribbon and the Overseas Service Ribbon, both awards were established on 10 April 1981.  Both may be awarded retroactively to Soldiers before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  The applicant was separated on 8 January 1973.  He was not in an active duty status on or after 1 August 1981.  Therefore, he is not entitled to either award.

3.  With respect to the Armed Forces Expeditionary Medal, there is no evidence in the available records and the applicant did not submit any evidence that show he served in designated U.S. military operations in direct support of the United Nations, or operations of assistance for friendly foreign nations, or that he was a bona fide members of a unit participating in or engaged in the direct support of the operation 30 consecutive days, or 60 nonconsecutive days provided this support involved entering the area of operations.  Therefore, he does not meet the criteria for this award.

4.  With respect to the NATO Medal, there is no evidence in his records and he did not submit any evidence that shows he served in a mission or operation that has been approved by the Secretary of Defense for acceptance and wear of the NATO Medal.  Therefore, he does not meet the criteria for this award.

5.  If it was the applicant's intent to request the Cold War Recognition Certificate the issue of this certificate is not within the ABCMR's authority.  The Cold War Recognition Certificate, NATO Service 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.  The applicant is advised to contact the web site listed in Paragraph 8 of the Consideration of Evidence section to request the Cold War Recognition Certificate.

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)                                         AR20090020213



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ABCMR Record of Proceedings (cont)                                         AR20090020213



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