IN THE CASE OF:
BOARD DATE: 10 October 2013
DOCKET NUMBER: AR20130003425
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 retroactive award of the:
* Honorable Service Commemorative Medal
* Army National Guard (ARNG) and U.S. Army Reserve (USAR) Commemorative Medal
* U.S. Commemorative Medal
* National Defense Service Medal
* Cold War Victory Commemorative Medal (correctly known as the Cold War Recognition Certificate)
* American Defense Commemorative Medal
* All other awards and decorations that he is authorized that he may not be aware of
2. The applicant states the requested awards may have been established after his transfer to the Retired Reserve.
3. The applicant provides:
* Letter from the Defense Finance and Accounting Service
* Request for letter of Notification of Eligibility for Retired Pay at Age 60
* Orders 129-147 assigning him to the Retired Reserve
* Notification of Eligibility for Retired Pay at Age 60
* Orders P-08-304248, retirement orders
* Application for retired pay
* Certificate of Retirement
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's records show he was born on XX February 1936.
3. He enlisted in the USAR in 1953. He served through multiple reenlistments in a variety of assignments and he attained the rank/grade of master sergeant (MSG)/E-8.
4. On 2 July 1980, Headquarters, Fifth U.S. Army, Fort Sam Houston, TX, published Orders 129-147 transferring him to the Retired Reserve effective 1 June 1980.
5. On 14 August 1998, the U.S. Army Reserve Personnel Command (ARPC), St. Louis, MO, published Orders P-08-30428 placing him on the Retired List in his retired rank/grade of MSG/E-8 effective XX February 1996, his 60th birthday.
6. His ARPC Form 249-E (Chronological Statement of Retirement Points) shows he completed 26 years of qualifying service toward non-regular retirement. His qualifying years consisted of inactive duty, active duty, and membership points.
7. Army Regulation 600-8-19 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between
27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and
30 November 1995; and from 11 September 2001 to a date to be determined. During these periods, service members in the following categories will not be eligible for this award:
* Members of the ARNG and USAR on short tours of duty to fulfill training obligations under an inactive duty training program
* Any service member on temporary duty or temporary active duty to serve on boards, courts, commissions, and like organizations
* Any service member on active duty for the sole purpose of undergoing a physical examination
DISCUSSION AND CONCLUSIONS:
1. With respect to the National Defense Service Medal, the applicant was a member of the USAR and although he served in the USAR during a period for which this award was authorized, he served on short tours of duty to fulfill training obligations under an inactive duty training program. He does not meet the criteria for this award.
2. With respect to the issuance of commemorative medals, 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 shown on a discharge document.
3. 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. In accordance with 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 applicant may submit a request in writing to Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, Department 480, 1600 Spearhead Avenue, Fort Knox, KY 40122-5408.
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 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) AR20130003425
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130003425
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110022666
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...
ARMY | BCMR | CY2007 | 20070014352
Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. Army Regulation 600-8-22 provides for award of the United Nations Service Medal. The applicant is not entitled to award of the American Defense Service Medal, the National Defense Service Medal, the Armed Forces Service Medal, the Army Service...
ARMY | BCMR | CY2012 | 20120011352
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to reflect the: * Cold War Victory Commemorative * Korea Defense Service Medal * U.S. Army Commemorative * Honorable Service Commemorative * 50th Anniversary Korean Commemorative 2. Therefore, issues pertaining to the medals below will not be discussed further in the Record of Proceedings: * U.S. Army Commemorative * Honorable Service Commemorative * 50th Anniversary Korean Commemorative 4. Army...
ARMY | BCMR | CY2014 | 20140018136
Application for correction of military records (with supporting documents provided, if any). The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document. The available evidence shows that the applicant is authorized to request and receive a Cold War Recognition Certificate; however, no official medal was ever issued or authorized to accompany this certificate.
ARMY | BCMR | CY2014 | 20140017760
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the: * Army Commendation Medal * "Combat Service Medal" * "Air Combat Service Medal" * Army Service Ribbon * Overseas Service Ribbon * Cold War Service Medal (also known as the Cold War Victory Commemorative Medal) * Presidential Unit Citation 2. e. This regulation does not list the "Combat Service Medal," "Air Combat Service Medal," and Cold...
ARMY | BCMR | CY2013 | 20130010969
The applicant requests reconsideration of an earlier request to add the following commemorative medals to his DD Form 214 (Report of Separation from Active Duty): * U.S. Army Commemorative * Honorable Service Commemorative * Cold War Victory Commemorative * Armed Forces Expert Marksman Commemorative * Meritorious Unit Citation Commemorative 2. In addition, award of these medals is not governed by the provisions of Army Regulation 600-8-22 (Military Awards). DISCUSSION AND CONCLUSIONS: The...
ARMY | BCMR | CY2012 | 20120006701
The applicant requests, in effect, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 28 September 1968, to show the: * Combat Service Commemorative Medal * Overseas Service Ribbon * Defense Meritorious Service Medal * Joint Service Commendation Medal * American Campaign Medal * Cold War Commemorative Victory Medal * Foreign Expeditionary Commemorative Medal * Vietnam Defense Commemorative Medal * Honorable Service...
ARMY | BCMR | CY2009 | 20090020213
Army Regulation 600-8-22 (Military Awards) provides for the following awards: a. The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. c. The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period. The Cold War Recognition Certificate, NATO...
ARMY | BCMR | CY2014 | 20140008177
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: a. award of the Cold War Victory Commemorative Military Medal, Honorable Service Commemorative Medal, American Defense Commemorative Medal, Army Service Commemorative Medal, and Armed Forces Expert Marksman Commemorative Medal; and b. any awards and decorations to which...
ARMY | BCMR | CY2014 | 20140018964
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the: * Overseas Service Ribbon (OSR) * American Defense Medal (correctly known as American Defense Service Medal) * Tet Campaign Medal * Expert Marksman Marksmanship Qualification Badge with Rifle Bar * Honorable Service Medal (correctly known as Honorable Service Commemorative Medal) * Vietnam Defense Medal (correctly known as Vietnam Defense...