IN THE CASE OF:	  

		BOARD DATE:	  21 June 2012

		DOCKET NUMBER:  AR20120000550 


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 30 September 1969 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by adding all earned awards and decorations.  

2.  The applicant states the 15 awards and decorations he identifies in the list he provides should be added to his 30 September 1969 DD Form 214.  

3.  The applicant provides in support of his request an Army Commendation Medal (ARCOM) citation and a list containing the following awards:

* ARCOM
* Overseas Service Ribbon (OSR) Commemorative
* Army Achievement Medal (AAM) 
* American Defense Commemorative
* Korean Service Medal (KSM)
* Cold War Victory Medal Commemorative
* Honorable Service Commemorative
* U.S. Armed Forces Retired Service Commemorative
* Armed Forces Expert Marksman Commemorative 
* Airborne and Assault Air Assault Commemorative
* Master Parachutist Badge
* Meritorious Unit Commendation
* Presidential Unit Citation



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.  On 30 September 1969, the applicant was honorably retired, in the rank of sergeant major (SGM), after completing 20 years, 1 month, and 21 days of active military service.  The DD Form 214 he was issued at the time lists the following earned awards:

* National Defense Service Medal with Oak Leaf Cluster (2nd Award)
* Army Good Conduct Medal (5th Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

3.  The applicant’s DA Form 20 (Enlisted Qualification Record), which he last audited, on 20 November 1968, shows he completed overseas tours in France, Korea, and Armed Forces Far East (AFFE), Korea (from 17 September 1953 to 24 May 1955).  

	a.  Item 38 (Record of Assignments) is void of information on unit assignment during the applicant’s AFFE tour.  Item 38 does show that during his tour of duty in Korea between 1966 and 1967 he was assigned to Headquarters, 8th U.S Army, Processing Agency, performing duties as an administrative supervisor.

	b.  Item 41 (Awards and Decorations) shows he earned the following awards during his active duty tenure:

* Parachutist Badge, Senior Parachutist Badge, Master Parachutist Badge
* NDSM (2nd Award)
* United Nations Service Medal
* KSM
* AGCM (5th Award)
* ARCOM
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

4.  The applicant’s Military Personnel Records Jacket (MPRJ) contains the following general orders (GO) awarding him the ARCOM and ARCOM 1st Oak Leaf Cluster (2nd Award):

* Headquarters U.S. Continental Army Command GO Number 84, dated 23 August 1966
* Headquarters First United States Army, Fort George G. Meade, Maryland GO Number 418, dated 16 September 1969

5.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-12 contains guidance on the Armed Forces Expeditionary Medal (AFEM).  It states it is authorized for 30 consecutive or 60 nonconsecutive days of service in three categories of operations which include U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Table 2-2 identifies U.S. Military Operations that qualify for award of the AFEM.  Included in this list is Korea for the period 1 October 1966 through 30 June 1974.  

6.  Paragraph 2-20 of the awards regulation contains guidance on the Korea Defense Service Medal (KDSM).  It states it is authorized for 30 consecutive or 60 non-consecutive days of service in Korea during the period 28 July 1954 to a future date to be determined.  Paragraph 9-16 contains guidance on the Republic of Korea War Service Medal (ROKWSM) which is authorized for 30 consecutive or 60 non-consecutive days of service in Korea between 25 June 1950 and 
27 July 1954.  

7.  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 to add all earned awards to his DD Form 214 has been carefully considered and found to have partial merit.

2.  The applicant’s DA Form 20 and MPRJ contain entries and orders showing the applicant earned the following awards that were not included on his 
30 September 1969 DD Form 214 and they should be added now:

* Parachutist Badge
* Senior Parachutist Badge
* Master Parachutist Badge
* United Nations Service Medal
* KSM
* ARCOM (2nd Award)

3.  The record also shows that he is eligible for the AFEM and KDSM for his Korea service between 1966 and 1967.  Therefore, these awards should also be added to his 30 September 1966 DD Form 214.  

4.  The evidence of record fails to contain evidence supporting the applicant’s assertions that the awards contained on the list with his application should be added to his record or DD Form 214.  The remaining awards contained on the applicant’s list that are not covered in the preceding paragraphs are either not authorized Army awards, or there was no evidence confirming he was awarded or eligible for the awards.  Therefore, there is an insufficient evidentiary basis to support the addition of the remaining awards on the applicant’s list on his DD Form 214.  

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 following awards to his 30 September 1966 DD Form 214:

* Army Commendation Medal (2nd Award)
* Armed Forces Expeditionary Medal
* Korean Service Medal 
* United Nations Service Medal
* Korea Defense Service Medal
* Master Parachutist Badge
* Senior Parachutist Badge
* Parachutist Badge

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 adding the additional awards he requested to his DD Form 214.



      ____________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)                                         AR20120000550



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120000550



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1