IN THE CASE OF:
BOARD DATE: 13 December 2011
DOCKET NUMBER: AR20110012343
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 following commemorative medals:
* Cold War Commemorative Medal
* Cold War Victory Commemorative Medal
* Cold War Medal
* U.S. Army Commemorative Medal
* American Defense commemorative Medal
* Overseas Service Commemorative Medal
2. The applicant further requests correction of his DD Form 214 to show the National Defense Service Medal and the Overseas Service Ribbon.
3. The applicant states he feels he is entitled to these awards and wants to pass them along to his children.
4. The applicant provides copies of his DD Form 214 and descriptions of the medals and ribbons from the Vets Supply Line.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 26 July 1963, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 63C (Truck/Vehicle Mechanic).
3. On 2 January 1964, the applicant was assigned for duty in the Federal Republic of Germany (FRG). On 6 July 1966, he departed the FRG and returned to the U.S.
4. On 16 July 1966, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). He had attained the rank of specialist four, pay grade E-4, and had completed 2 years, 11 months, and 21 days of creditable active duty service.
5. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as:
* Good Conduct Medal
* National Defense Service Medal
* Army of Occupation Medal with Berlin Clasp
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Mortar and Bayonet Bars
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.
7. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show the following commemorative medals because he feels he has earned them:
* Cold War Commemorative Medal
* Cold War Victory Commemorative Medal
* Cold War Medal
* U.S. Army Commemorative Medal
* American Defense commemorative Medal
* Overseas Service Commemorative Medal
2. The governing regulation does not authorize entry of commemorative medals on the DD Form 214.
3. The applicant further contends that the National Defense Service Medal and the Overseas Service Ribbon should be shown on his DD Form 214.
a. Records clearly show that the applicant was awarded the National Defense Service Medal and it is currently listed on his DD Form 214. Accordingly, no correction is necessary.
b. Records do not show that the applicant served during an authorized period for award of the Overseas Service Ribbon. The applicant had no active military service after July 1966. This ribbon was not authorized until 1981, and was only retroactively authorized to those Soldiers who had active service after establishment of the ribbon.
4. In view of the foregoing, the applicant's request should be denied.
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) AR20110012343
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