BOARD DATE:	  16 April 2013

		DOCKET NUMBER:  AR20120016472 


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 (Report of Separation from Active Duty) to show the Army Good Conduct Medal (AGCM) and the following commemorative medals:

* American Defense Commemorative Medal
* U.S. Army Commemorative Medal
* Honorable Service Commemorative
* Cold War Victory Commemorative Medal
* Armed Forces Expert Marksman Commemorative
* Meritorious Unit Citation Commemorative

2.  The applicant states he researched these awards and believes they should have been entered on his DD Form 214

3.  The applicant provides a copy of his DD Form 214 and descriptions of the medals.

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 14 July 1972, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 36C (Lineman).

3.  On 17 January 1973, the applicant was assigned for duty at Fort Lewis, WA where he performed duty as a construction lineman.

4.  On 11 July 1975, 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 28 days of creditable active duty service.

5.  The applicant's DD Form 214 lists his awards as:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar

6.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings as “excellent.”

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 (Military Awards) and, as a result, they may not be shown on a discharge document.

8.  Army Regulation 600-8-22 states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.

	a.  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.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.
	b.  The immediate commander’s decision to award the AGCM will be based on his or her personal knowledge and of the individual’s official records for the periods of service under previous commanders during the period for which the award is to be made.  However, there is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the AGCM and the following commemorative medals:

* American Defense Commemorative Medal
* U.S. Army Commemorative Medal
* Honorable Service Commemorative
* Cold War Victory Commemorative Medal
* Armed Forces Expert Marksman Commemorative
* Meritorious Unit Citation Commemorative

2.  The governing regulation does not authorize entry of commemorative medals on the DD Form 214.  Therefore, this portion of his request should be denied.

3.  The applicant further contends that the AGCM should be shown on his DD Form 214.  His records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist four and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an AGCM for his service was an oversight.  Accordingly, he should be awarded this medal.

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 awarding him the Army Good Conduct Medal for the period from 14 July 1972 to 11 July 1975 and adding it 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 showing any commemorative medals on 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)                                         AR20120016472





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ABCMR Record of Proceedings (cont)                                         AR20120016472



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