IN THE CASE OF:	  

		BOARD DATE:  9 January 2014

		DOCKET NUMBER:  AR20130007262 


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 records to show he is authorized the NATO Service Commemorative Medal, Cold War Victory Commemorative Medal, Honorable Service Commemorative Medal, Expert Marksman Commemorative Medal, Airborne and Air Assault Commemorative Medal, and the Army Service Commemorative Medal.

2.  The applicant states the Veterans of Foreign Wars recommended he update his records to show these new medals.

3.  The applicant provides copies of a 1976 DD Form 214 (Report of Separation from Active Duty), a 1989 DD Form 214 (Certificate of Release or Discharge from Active Duty), a DD Form 215 (Correction to the DD Form 214), and one page of his DA Form 2-1 (Personnel Qualification Record- Part II).

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 served in the Regular Army from 20 July 1972 through 
14 January 1976 and 12 November 1976 through 21 November 1989.

3.  His 14 January 1976 DD Form 214 lists his awards as the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars

4.  His DD Form 214 for the period 12 November 1976 through 23 August 1979 is not of record.

5.  His DA Form 2-1 provides the following:

   a.  service in Korea from 15 January 1977 through 13 January 1978 and 22 October 1988 through 10 October 1989;
   
   b.  his awards are shown as the: 
   
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal (4th Award)
* National Defense Service Medal
* Army Service Ribbon
* Noncommissioned Officer Professional Development Ribbon with Numeral 3
* Overseas Service Ribbon with Numeral 2 
* Expert Infantryman Badge
* Air Assault Badge
* Drill Sergeant Identification Badge
* Expert Marksmanship Qualification Badge with Rifle Bar

6.  His 21 November 1989 DD Form 214 lists his awards as the

* Army Commendation Medal
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal (4th Award)
* Army Service Ribbon
* Noncommissioned Officer Professional Development Ribbon with Numeral 3
* Overseas Service Ribbon with Numeral 2
* Expert Infantryman Badge
* Air Assault Badge
* Expert Marksmanship Qualification Badge with Rifle Bar 
* Army Lapel Button

7.  The 2005 DD Form 215 added the award of the Korea Defense Service Medal to his 1989 DD Form 214.

8.  In section 1084 of the National Defense Authorization Act of 1998, Congress commended the members of the Armed Forces and civilian personnel who contributed to the historic victory in the Cold War, and authorized and instructed the then-Secretary of Defense, William Cohen, to prepare a certificate recognizing the Cold War service of qualifying members of the Armed Forces and civilian personnel of the Department of Defense and other government agencies.  The certificate became known as the Cold War Recognition Certificate and is available by request of the individual by all members of the armed forces and qualified federal government civilian personnel who honorably served the United States anytime during the Cold War, which is defined as 2 September 1945 to 26 December 1991.  The request should be addressed to Commander, U.S. Army Human Resources Command, Cold War Recognition, ATTN:  AHRC-CWRS, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.

9.  Although the National Defense Authorization Act of 2002 authorized the Secretary of Defense to consider authorizing a campaign medal to be known as the Cold War Service Medal, the then-Secretary of Defense, Donald Rumsfeld, did not create such a medal.  It is however an official medal of the National Guard of three states, Louisiana and Texas, and, in ribbon form only, Alaska.  The Department of Defense has not created a Cold War Service Medal.

10.  Commemorative medals made by private vendors are unauthorized on the military uniform.  Veterans may wear commemorative medals on public holidays; however, they are not authorized for wear on an active duty uniform.  The medal may be worn only on civilian attire and only after all other authorized awards.  

11.  Army Regulation 600-8-22 (Military Awards) sets forth the basic authority, policy, criteria and administrative instructions concerning individual military awards and decorations.  It does not list any award or decoration that includes the word "commemorative."
   
12.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) covers the wear of insignia and awards; and it states that privately issued commemorative medals are not authorized for wear on any Army uniform.

13.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states that all (official) awards and decorations for all periods of service are to be listed in the priority sequence specified in Army Regulation 600-8-22.  Each entry is to be verified by the Soldier's records.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his records be updated to show all of his awards to include a number of "new" commemorative medals.  

2.  A review of his available records shows that the applicant's award of the National Defense Service Medal, Drill Sergeant Identification Badge, and Sharpshooter Marksmanship Qualification Badge with Grenade Bar were omitted from his 1989 DD Form 214.  It is appropriate to correct this omission.

3.  The specifically-named awards the applicant is requesting are commemorative medals created by a private company and are not official military awards or decorations.  Only authorized military awards that are covered by Army Regulation 600-22-8 are authorized to be included on a DD Form 214.  Commemorative awards are not official military awards and as such it is not appropriate to include them on a 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 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 showing in his 1989 DD Form 214 that he is also authorized the:

* National Defense Service Medal
* Drill Sergeant Identification Badge
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar 

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 inclusion of the various commemorative medals.




      _______ _  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)                                         AR20130007262





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ABCMR Record of Proceedings (cont)                                         AR20130007262



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