IN THE CASE OF:
BOARD DATE: 6 May 2014
DOCKET NUMBER: AR20130014932
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 the following awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of
1 July 1992:
* U.S. Army Commemorative Medal
* North Atlantic Treaty Organization Service Commemorative Medal
* Kuwait Liberation of Kuwait Medal (Kuwait Liberation Medal - Government of Kuwait)
* Honorable Service Commemorative Medal
* Southwest Asia Service Medal
* Cold War Victory Medal (Cold War Recognition Certificate)
* American Defense Commemorative Medal
2. The applicant states the above awards are missing from 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 25 November 1981, he enlisted in the Regular Army.
3. His DA Form 2-1 (Personnel Qualification Record) shows he was assigned to Company D, 35th Engineer Battalion, 132nd Engineer Brigade at Fort Leonard Wood, MO from 22 April 1989 to 1 July 1992. His principal duty is shown as drill sergeant.
4. On 1 July 1992, he was discharged under the Fiscal Year 1992 Enlisted Voluntary Early Transition Program.
5. The Defense Manpower Data Center (DMDC) compiled a Desert Shield/
Storm Database that contains one record for each active duty member who served in the theater of operations between 2 August 1990 and 31 July 1991. A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993. There are also separate files covering calendar years 1994 and 1995.
6. The DMDC Desert Shield/Storm Database does not list the applicant as having participated in-theater during Operation Desert Shield/Storm.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The Southwest Asia Service Medal 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.
b. The Kuwait Liberation Medal awarded by the Government of Kuwait 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.
8. 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.
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 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 be shown on a discharge document.
DISCUSSION AND CONCLUSIONS:
1. His DA Form 2-1 and the DMDC Desert Shield/Storm Database do not show he was deployed in the designated area for eligibility for the Southwest Asia Service Medal. Therefore, there is insufficient evidence to add the Southwest Asia Service Medal or the Kuwait Liberation Medal - Government of Kuwait to his DD Form 214.
2. The Cold War Recognition Certificate is not governed under the provisions of Army Regulation 600-8-22 and therefore, is not entered on the DD Form 214.
3. 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 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) AR20130014932
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ABCMR Record of Proceedings (cont) AR20130014932
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