IN THE CASE OF:
BOARD DATE: 11 February 2014
DOCKET NUMBER: AR20130010439
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 (Certificate of Release or Discharge from Active Duty) to show the following personal decoration, commemorative medals, and service medal:
* Army Achievement Medal
* American Defense Commemorative Medal
* National Defense Service Medal
* Cold War Commemorative Medal
* United States (U.S.) Army Commemorative Medal
* Honorable Service Commemorative Medal
* Armed Forces Expert Marksman Commemorative Medal
* National Guard and Reserve Commemorative Medal
2. The applicant states he wants these awards added to his DD Form 214.
3. The applicant provides copies of:
* DD Form 214
* Orders D-10-388130, U.S. Army Reserve Personnel Center, dated
28 October 1993
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3Â 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. Records show the applicant enlisted in the U.S. Army Reserve on
24 October 1985. He was immediately ordered to initial active duty training (IADT). On 21 March 1986, he was released from IADT and transferred back to his USAR unit. He was trained as a motor transport operator. He had completed 4 months and 16 days of IADT.
3. The applicant's DD Form 214 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar and the Army Service Ribbon.
4. 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.
5. Army Regulation 600-8-22 states:
a. the Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
b. the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show the following personal decoration, commemorative medals, and service medal:
* Army Achievement Medal
* American Defense Commemorative Medal
* Cold War Commemorative Medal
* U.S. Army Commemorative Medal
* Honorable Service Commemorative Medal
* Armed Forces Expert Marksman Commemorative Medal
* National Guard and Reserve Commemorative Medal
* National Defense Service Medal
2. The governing regulation does not authorize entry of commemorative medals on the DD Form 214.
3. There is no available evidence showing that the applicant was recommended for and/or awarded the Army Achievement Medal.
4. The available evidence does not show that the applicant served during a qualifying period that would have authorized him the National Defense Service Medal.
5. In view of the foregoing, the applicant's request should be denied.
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) AR20130010439
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