IN THE CASE OF:	  

		BOARD DATE:  17 July 2012

		DOCKET NUMBER:  AR20110022666 


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 award of the following:

* Army Achievement Medal (AAM)
* Armed Forces Reserve Medal (AFRM)
* Army Good Conduct Medal (AGCM)
* American Defense Commemorative Medal
* Cold War Victory Commemorative Medal (known as the Cold War Recognition Certificate)
* Marksmanship Qualification Badges with –

* Pistol Bar (.38 Caliber)
* Machine Gun Bar (M-60)
* Tank Weapons Bar

2.  He states:

* General Orders (GO) Number 5057 authorized him award of the AGCM
* Unit Orders (UO) Number 49 show he qualified with the .38 caliber pistol
* he should be awarded the Cold War Victory Commemorative Medal because he meets the criteria for this award
* he completed all required training to receive a Marksmanship Qualification Badge with Machine Gun Bar (M-60) and Marksmanship Qualification Badge with Tank Weapons Bar
* he was awarded a certificate of achievement for personal achievement in the 28th Infantry Division Military Skills Competition and would like the AAM instead

3.  The applicant also states he requested most of these awards in September 2011; however, they were not awarded to him at the time. 

4.  He provides copies of the following documents:

* DD Form 214 (Report of Separation from Active Duty) for the period ending 25 July 1974
* DA Form 1059 (Service School Academic Evaluation Report)
* training certificates
* certificate of achievement
* military service background form 
* Internet printout of award criteria
* orders

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.  He enlisted in the Regular Army on 4 August 1971.  After completion of training, he was awarded military occupational specialties 67N (Utility Helicopter (UH)-1 Helicopter Repairman) and 67V (UH-6 Helicopter Repairman).

3.  His record contains a DA Form 20 (Enlisted Qualification Record) which shows the following:

* item 29 (Qualification in Arms) – he earned the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and Sharpshooter Marksmanship Qualification Badge with Grenade Bar in September 1971
* item 41 (Awards and Decorations) – he was awarded the National Defense Service Medal (NDSM)

4.  The applicant provides a copy of Headquarters (HQ) Battery, 8th Infantry Division Artillery, UO Number 49, dated 26 July 1972.  These orders show he fired the .38 caliber pistol for familiarization on 19 July 1972.  No record score is shown or the degree of qualification.

5.  He also provides HQ, U.S. Army Europe and Seventh Army, GO Number 5057, dated 10 July 1974.  This order awards him the AGCM (1st Award) for the period 4 August 1971 to date of separation on or about 5 August 1974.

6.  The DD Form 214 he provides shows he was honorably released from active duty (REFRAD) on 25 July 1974 and he was awarded the:

* NDSM
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar

7.  His records contain a DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) which shows he enlisted in the Pennsylvania Army National Guard (PAARNG) on 16 April 1980.  He was honorably discharged on 20 May 1983 and was appointed to the rank of second lieutenant on 21 May 1983.

8.  A National Guard Bureau (NGB) Form 23 (ARNG – Retirement Credits Record) for the period 16 April 1980 through 20 May 1983 contains various corrections and does show he earned at least 50 retirement points for each qualifying year.

9.  The DA Form 1059 he provides shows he successfully completed all formal training for the Armor Officer Basic Course (Reserve Component (RC)) on 19 March 1984.

10.  The applicant provides a diploma from the PAARNG Military Academy that shows he graduated from the Master M-60 Machine Gun Trainer Course on 20 January 1985.

11.  He also provides a certificate of achievement which shows he was recognized for his excellent performance during the 28th Infantry Division Military Skills Competition on 9 and 10 April 1988.  This certificate was signed by an officer in the rank of major general (MG) who was also the commander of the division.

12.  An NGB Form 22 for the period ending 20 January 1989 shows he voluntarily resigned for personal reasons and was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).

13.  His record contains an NGB Form 23 for the period 21 May 1983 through 20 January 1989.  This form contains periods in which he was not awarded 50 retirement points for each qualifying year.

14.  A U.S. Army Human Resources Command (ARPC) Form 249-E (Chronological Statement of Retirement Points) was generated on 5 July 2012.  This form shows he was reassigned to the Retired Reserve on 21 October 1996.  However, it appears to be incomplete as it does not contain any of his military service prior to 16 April 1991.

15.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

16.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

17.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The AAM is awarded to members of the Armed Forces of the United States who, while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The AFRM is awarded for honorable and satisfactory service as a member of one or more of the RC for a period of 10 years.  The conditions for award of the AFRM require that a minimum of 50 retirement points must be earned for each of the 10 qualifying years and that the qualifying service must be completed within 12 consecutive years.

	c.  The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.

	d.  The marksmanship qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman – in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.

	e.  Award of marksmanship badges is not permanent.  An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification.  In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired.

18.  The applicant requests award of the Cold War Recognition Certificate.  The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 and, as a result, is not shown on a discharge document.  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, ATTN: AHRC-CWRS, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  Based on this information, the applicant's request for the Cold War Recognition Certificate will not be discussed further in this Record of Proceedings.

19.  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 and, as a result, they may not be shown on a discharge document.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request was carefully considered.

2.  GO Number 5057, dated 10 July 1974, awarded him the AGCM (1st Award) for the period 4 August 1971 to 5 August 1974, and it would be appropriate to add this award to his DD Form 214.

3.  He was awarded a certificate of achievement for excellent performance during the 28th Infantry Division Military Skills Competition.  This certificate was signed by the division commander, an officer in the rank of MG.  There is insufficient evidence and the applicant has not provided a convincing argument to award him the AAM in lieu of the recognition he received.  While the available evidence is insufficient for awarding him an AAM, this in no way affects his right to pursue his claim for the AAM by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

4.  For award of the AFRM, a member of the RC must earn a minimum of 50 retirement points for each of the 10 qualifying years and the qualifying service must be completed within 12 consecutive years.  The available NGB Forms 23 and the ARPC Form 249-E do not show he met the minimum requirements for this award.  These forms appear to be incomplete and, as a result, his retirement points should be recalculated by the U.S. Army Human Resources Command.  The applicant should contact that agency and provide documents to verify his service.  As such, there is insufficient evidence to award him the AFRM at this time.

5.  UO Number 49, dated 26 July 1972, show he fired a .38 caliber pistol for familiarization on 19 July 1972.  There is no record score for this event and as such, he is not entitled to add this qualification badge to his DD Form 214.

6.  The applicant provided certificates of training and a DA Form 1059; however, he has not provided sufficient evidence such as orders which show the required record courses or the degree of the marksmanship badges earned.  As a result, there is insufficient evidence to award him a Marksmanship Qualification Badges with Machine Gun Bar (M-60) and Tank Weapons Bar.

7.  Army Regulation 600-8-22 does not list the American Defense Commemorative Medal as an official award.  Therefore, he is not authorized to add this award to his DD Form 214 or to wear this award on his uniform.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X ___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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  adding the AGCM (1st Award) to his DD Form 214 for the period ending 25 July 1974.

2.  The Board further determined 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 the AAM, AFRM, American Defense Commemorative Medal, and Marksmanship Qualification Badges with Machine Gun Bar (M-60), Tank Weapons, and Pistol Bar.



      ___________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)                                         AR20110022666



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ABCMR Record of Proceedings (cont)                                         AR20110022666



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