IN THE CASE OF:	   

		BOARD DATE:	  22 October 2013

		DOCKET NUMBER:  AR20130002873 


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, award of the:

* American Defense Commemorative Medal
* 50th Anniversary Korean Commemorative Medal
* Cold War Victory Medal
* U.S. Army Commemorative Medal
* Honorable Service Commemorative Medal
* U.S. Armed Forces Retired Service Commemorative Medal
* Army Forces Expert Marksman Commemorative Medal
* United Nations Military Service Commemorative Medal
* North Atlantic Treaty Organization (NATO) Service Commemorative Medal
* Armed Forces Service Medal (AFSM)
* Combat Service Commemorative Medal
* Legion of Merit (LOM)
* Republic of Korea Presidential Unit Citation (ROKPUC)
* Overseas Service Commemorative Medal
* Foreign Expeditionary Service Commemorative Medal
* Southwest Asia Service Medal (SWASM)
* Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia
(KLM-SA)
* Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) 


* Presidential Unit Citation Commemorative Medal
* Airborne and Air Assault Commemorative Medal

2.  The applicant states, in effect, he is entitled to the:

	a.  American Defense Commemorative Medal for serving in the U.S. Armed Forces for over 30 days.  He served from October 1976 to February 1997.

	b.  50th Anniversary Korean Commemorative Medal for serving in United Nations Operations or in direct support from 1950 to present.  He served in Korea in 1977-1978.

	c.  Cold War Victory Medal for serving between 2 September 1945 and December 1991.  He served in Korea for 1 year and in Germany for 3 years.

	d.  U.S. Army Commemorative Medal for honorable service in the Army from 1775 to present.  He served on active duty from October 1967 to February 1997.

	e.  Honorable Service Commemorative Medal for receiving an honorable discharge.  He retired with 20 years and 4 months of active military service.

	f.  U.S. Armed Forces Retired Service Commemorative Medal for serving in the Armed Forces and officially retiring in February 1997 from active duty.

	g.  Armed Forces Expert Marksman Commemorative Medal for having qualified expert with the rifle, pistol, and grenade.  His DD Form 214 shows this.

	h.  United Nations Military Service Commemorative Medal for serving in United Nations operations or in direct support from 1950 to present.  He served in Germany from 1986 to 1989.

  	i.  NATO Service Commemorative Medal for serving in Europe from 1949 to present.  He served in Germany from 1986 to 1989.
 
	j.  AFSM for participation in military operations not covered by a specific war medal or the Armed Forces Expeditionary Medal.  He served in Korea, Germany, and Hawaii.

	k.  Combat Service Commemorative Medal for serving in an overseas combat theater or expeditionary combat operations.  He served one year in Korea.


	l.  LOM for exceptionally meritorious conduct in the performance of outstanding services to the United States.

	m.  Korean Presidential Unit Citation.  He served in theater in 1976-1977.

	n.  Overseas Service Commemorative Medal because he served three tours overseas.

	o.  Foreign Expeditionary Service Commemorative Medal because he served in a foreign operation while stationed in Korea, Germany, and Hawaii.

	p.  SWASM, KLM-SA, and KLM-K because he served on active duty from October 1976 to February 1997.

	q.  Presidential Unit Citation Commemorative Medal because he served in military units during his 20 years and 4 months that were awarded this citation.

	r.  Airborne and Air Assault Commemorative Medals because he served in the 25th Infantry Division in Hawaii and graduated from the Air Assault School in Schofield Barracks, HI.

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DD Form 215 (Correction to DD Form 214), dated 13 May 2009
* military orders
* awards
* certificates

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.  The applicant enlisted in the Regular Army on 12 October 1976.  He served as a chemical operations specialist, wire systems installation operator, and infantryman.  On 28 February 1997, he retired by reason of sufficient service for retirement in the rank/grade of sergeant first class (SFC)/E-7.  He completed
20 years, 4 months, and 19 days of creditable active service.

3.  His DD Form 214, as corrected by a DD Form 215, shows he was awarded or authorized the:

* Army Commendation Medal
* Army Achievement Medal (6th Award)
* Army Good Conduct Medal (6th Award)
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon with
Numeral 3
* Army Service Ribbon
* Overseas Service Ribbon (3rd Award)
* Expert Marksmanship Qualification Badge with Rifle, Pistol, and Grenade Bars
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar
* Air Assault Badge
* Bronze German Armed Forces Efficiency Badge
* Meritorious Service Medal
* Korea Defense Service Medal

4.  His record contains a DA Form 2-1 (Personnel Qualification Record) that shows in:

	a.  item 5 (Overseas Service) he served in:

* Korea from 17 May 1977 through 10 May 1978
* Germany from 20 January 1986 through 12 January 1989
* Hawaii from 3 January 1992 through 9 February 1994

	b.  item 35 (Record of Assignments) he was assigned to Battery A,
2nd Battalion, 71st Air Defense Artillery (ADA) in Korea.

5.  There is no evidence he participated in an approved designated U.S. military operation.

6.  There are no orders for the LOM in the available records.

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the applicant was not assigned to a unit during a period of time the unit was awarded the ROKPUC.

8.  The Defense Manpower Data Center compiled the Operations Desert Shield/Desert Storm data base.  The primary Operations Desert Shield/Desert Storm file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991.  This data base does not show the applicant's name.

9.  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 United States Congress and are minted by the United States 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 are not governed by the provisions of Army Regulation 600-8-22 and, as a result, they may not be shown on a discharge document.

10.  The applicant provided a Certificate of Recognition in recognition of his service during the period of the Cold War from 2 September 1945 through 
26 December 1991.  Although there is a Cold War Victory Medal, it is an unofficial medal that can be locally purchased, but not worn in uniform or added to a DD Form 214 by any member of the U.S. military who served in their positions honorably during the years of the Cold War.

11.  Army Regulation 600-8-22 (Military Awards) states the AFSM may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 
1 June 1992 participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action.  Service members must be bona fide members of a unit participating in or engaged in direct support of the operation for 30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days duration) or 60 nonconsecutive days provided this support involves entering the area of eligibility or meet the following criteria:

* While participating as a regularly assigned aircrew member, accumulates 15 days service (consecutive/nonconsecutive flying sorties into, out of, within, or over the area in direct support of the military operations

* One day's service is credited for the first sortie flown on any day; additional sorties flown on the same day receive no further credit

12.  Military Personnel (MILPER) Message Number 99-100 authorized award of both the AFSM and the Armed Forces Expeditionary Medal, as a one-time exception to Department of Defense and Service policy, for qualifying service in support of Operations Joint Endeavor and Joint Guard in the Republic of Bosnia-Herzegovina.  This exception allowed both service medals to be presented to personnel deployed in Bosnia-Herzegovina during the periods 1 June 1992 to
19 December 1996 (Operation Joint Endeavor) and 20 December 1996 to
20 June 1998 (Operation Joint Guard).  The exception also allowed only one award of each service medal for service in either or both Operation Joint Endeavor and Operation Joint Guard.

13.  MILPER Message Number 99-157 implemented the policy to allow award of either the Armed Forces Expeditionary Medal or the AFSM to service members participating in Operation Joint Forge effective 21 June 1998 to a date to be determined.  Award of the AFSM is limited to only those participating in or providing direct support to Operation Joint Forge who are or were deployed in Slovenia, Montenegro, Macedonia, Serbia, and Hungary.  Unlike the Armed Forces Expeditionary Medal and AFSM authorized for Operation Joint Endeavor and Operation Joint Guard, no service member will be awarded both the Armed Forces Expeditionary Medal and the AFSM for participation or direct support of Operation Joint Forge, under any circumstance.

14.  Army Regulation 600-8-22 states award of the AFSM is authorized to U.S. military participants in the following operations in Haiti:  (1) United Nations Mission in Haiti (UNMIH); (2) U.S. Forces Haiti (USFORHAITI); and (3) U.S. Support Group Haiti (USSPTGR-HAITI), from 1 April 1995 to 31 January 2000.

15.  Army Regulation 600-8-22 states the LOM is awarded to individuals who distinguish themselves by exceptionally meritorious conduct in the performance of outstanding services and achievements.  The performance must merit recognition of key individuals for service rendered in a clearly exceptional manner.  Performance of duties normal to the grade, branch, specialty, or assignment and experience of an individual is not an adequate basis for this award.  In peacetime, service should be in the nature of a special requirement or an extremely difficult duty performed in an unprecedented and clearly exceptional manner.  However, justification may accrue by virtue of exceptionally meritorious service in a succession of important positions.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  


16.  Army Regulation 600-8-22 states the SWASM is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/
Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated campaigns are:

* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991)
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)

17.  Army Regulation 600-8-22 states the KLM-SA was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.

18.  Army Regulation 600-8-22 states the KLM-K was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for numerous commemorative medals was carefully considered.  However, most commemorative medals are not officially recognized.  Army Regulation 670-1 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.

2.  He contends he is entitled to the AFSM for his service in Korea, Germany, and Hawaii.  However, there is no evidence he participated in an approved designated U.S. military operation for award of the AFSM.  Therefore, there is an insufficient evidentiary basis for awarding him the AFSM.

3.  There are no orders for the LOM in the available records.  Therefore, there is an insufficient evidentiary basis for awarding him or adding the LOM to his
DD Form 214.

4.  The applicant's unit in Korea was not cited for award of the ROKPUC while he was assigned to it.  Therefore, there is an insufficient evidentiary basis for adding this unit award to his DD Form 214.


5.  There is no evidence and the applicant did not provide any evidence that shows he served in Southwest Asia at any time during the period 2 August 1990 to 30 November 1995.  Therefore, there is no basis for granting his request for award of the SWASM, KLM-SA, or KLM-K or adding these awards to his DD Form 214.

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)                                         AR20130002873



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ABCMR Record of Proceedings (cont)                                         AR20130002873



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