IN THE CASE OF:
BOARD DATE: 29 April 2014
DOCKET NUMBER: AR20130013728
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 addition of an Oak Leaf Cluster and the following "comm." (determined to mean commemorative) medals to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 July 1980:
* Combat Service Commemorative
* Overseas Service Commemorative
* American Defense Commemorative
* Cold War Victory Commemorative
* Republic of Vietnam Commemorative, TET Campaign
* U.S. Army Commemorative
* Honorable Service Commemorative
* U.S. Armed Forces Commemorative
* U.S. Armed Forces Expert Marksman
* Republic of Vietnam Gallantry Cross Commemorative
2. The applicant states he wants the above awards added to his DD Form 214.
3. The applicant provides his DD Form 214.
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. On 28 March 1960, he enlisted in the Regular Army and served continuously until his retirement.
3. His DA Form 2-1 (Personnel Qualification Record) shows he served in the following overseas tours of duty:
* Korea - 8 September 1964 - 24 September 1965
* Vietnam - 14 September 1967 - 14 September 1968
* Korea - 9 January 1971 - 14 January 1972
* Germany - 13 May 1974 - 15 June 1978
4. On 31 July 1980, he was retired and placed on the Retired List the following day. He completed 20 years, 2 months, and 3 days of active service.
5. 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.
6. Army Regulation 600-8-22 states an Oak Leaf Cluster is awarded to denote the second and succeeding awards of certain decorations.
DISCUSSION AND CONCLUSIONS:
1. Although he requests an Oak Leaf Cluster, the applicant did not indicate which decoration he felt should have an Oak Leaf Cluster. Therefore, entitlement to an Oak Leaf Cluster cannot be determined or authorized.
2. Commemorative medals are not official medals. The award of these medals is not governed under the provisions of Army Regulation 600-8-22. As a result, commemorative medals may not be shown on a discharge document.
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) AR20130013728
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ABCMR Record of Proceedings (cont) AR20130013728
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