IN THE CASE OF:
BOARD DATE: 21 May 2013
DOCKET NUMBER: AR20120019396
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, in effect, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the:
* Cold War Victory Commemorative Military Medal
* Army Service Commemorative Medal
* Overseas Service Medal - Commemorative
* American Defense Service Commemorative Medal
* Honorable Service Commemorative Medal
* Reserve Mobilization Commemorative Medal
2. The applicant states these awards are listed on the Internet and were unknown to him until recently. He found them when he was ordering miniature medals of his World War II and Korean Era service.
3. The applicant provides a list of the medals and eligibility criteria per the Medal of America website.
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. The applicant's military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the NPRC in 1973. It is believed that his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The available evidence shows he enlisted in the Regular Army on 5 October 1946. At the time of his separation he held military occupational specialty (MOS) 405 (Clerk Typist). He served in Panama from 29 April 1947 through 15 September 1949.
4. He was honorably released from active duty on 30 September 1949 and he was transferred to the Enlisted Reserve Corps (ERC). His DD Form 214 (Enlisted Record and Report of Separation Honorable Discharge) lists the World War II Victory Medal.
5. He was ordered to active duty and entered active duty on 20 October 1950. He served in MOS 4405 (Chaplain's Assistant). He was honorably released from active duty on 9 November 1951 and he was transferred to the ERC. His DD Form 214 does not list any awards.
6. On 7 March 2000, he was issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) which added the Army Good Conduct Medal and National Defense Service Medal to his 1951 DD Form 214.
7. Army Regulation 600-8-22 (Military Awards) stated under section 1084 of the Fiscal Year 1998 National Defense Authorization Act, 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 Cold War Victory Commemorative Medal and all other commemorative awards are not governed by this regulation.
DISCUSSION AND CONCLUSIONS:
The addition of any commemorative medal is not governed by the provisions of Army Regulation 600-8-22 and, as a result, is not shown on a discharge document. Therefore, he is not entitled to correction to his DD Form 214 to show the requested commemorative medals. If he desires the Cold War Recognition Certificate, he 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, Kentucky 40122.
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) AR20120019396
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ABCMR Record of Proceedings (cont) AR20120019396
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