IN THE CASE OF:	  

		BOARD DATE:	  23 June 2011

		DOCKET NUMBER:  AR20100030479 


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 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his awards of the Meritorious Service Medal (MSM) 1st Oak Leaf Cluster (OLC), the Joint Service Commendation Medal (JSCM) 1st OLC, the Overseas Service Ribbon (OSR) and 11 commemorative medals..

2.  The applicant states, in effect, that his awards of the MSM 1st OLC, the JSCM 1st OLC, the OSR and 11 commemorative medals were omitted from his DD Form 214 at the time of his medical retirement.  

3.  The applicant provides copies of orders awarding him the MSM 1st OLC, the JSCM 1st OLC, a copy of his DD Form 214, and a handwritten letter listing the commemorative medals he contends were omitted from his DD Form 214.

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 enlisted in the Regular Army on 30 August 1960 for a period of 3 years and served in an enlisted status until he was commissioned as a second lieutenant upon graduation from officer candidate school (OCS) on 29 March 1963. 

3.  He completed three overseas tours and was promoted to the rank of lieutenant colonel on 19 November 1979.  He was awarded the MSM 1st OLC on 1 September 1977 and the JSCM 1st OLC on 8 December 1982.

4.  On 16 December 1982 he was retired by reason of permanent physical disability.  He had served 22 years, 3 months and 17 days of active duty and his DD Form 214 issued at the time of his retirement shows that he was awarded the JSCM.  It shows no awards of the MSM or the OSR.

5.  Army Regulation 600-8-22 (Military Awards) states the Overseas 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 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.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

6.  Most commemorative medals are not officially recognized.  Title 32, Code of Federal Regulations, Part 578 lists and discusses all official U.S. military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official.  Some commemorative medals are authorized by the U.S. Congress and are minted by the U.S. Mint.  However, Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prohibits the wearing of commemorative medals.  In addition, award of these medals is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, they may not be shown on a discharge document.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the JSCM 1st OLC; however, his DD Form 214 only reflects his award of the JSCM.  Accordingly, his DD Form 214 should be corrected to reflect his award of the JSCM 1st OLC.

2.  The applicant was also awarded the MSM 1st OLC and those awards were not added to his DD Form 214.  Accordingly, the award of the MSM 1st OLC should be added to his DD Form 214 at this time.

3.  The applicant served three complete overseas tours during his career and thus is entitled to the OSR with numeral “3” to be added to his DD Form 214.

4.  Notwithstanding that the applicant has not provided orders or evidence to show he was awarded commemorative medals, there are no provisions for adding commemorative medals to the DD Form 214.  Accordingly, there is no basis to approve that portion of his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ___X_____  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:
* Deleting his award of the JSCM from his DD Form 214
* Adding the award of the JSCM 1st OLC to his DD Form 214
* Adding his award of the MSM 1st OLC to his DD Form 214
* Adding the award of the OSR with numeral “3” to his DD Form 214

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 adding commemorative medals to his DD Form 214.  






3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.





      _______ _   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)                                         AR20100030479





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ABCMR Record of Proceedings (cont)                                         AR20100030479



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