BOARD DATE:	  19 August 2014

		DOCKET NUMBER:  AR20130018964 


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 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 1 December 1958 to show he was awarded or authorized the:

* World War II (WWII) Army of Occupation Medal
* North Atlantic Treaty Organization (NATO) Medal
* Army Good Conduct Medal
* Overseas Service Commemorative Medal 
* American Defense Commemorative Medal
* Cold War Victory Commemorative Medal
* U.S. Army Commemorative Medal
* National Guard and Reserve Commemorative Medal
* 50th Anniversary Korean Commemorative Medal
* Honorable Service Commemorative Medal
* United Nations Military Service Commemorative Medal

2.  He states he feels he is eligible to receive these medals and he would like his DD Form 214 corrected to show he is entitled to wear them.  

3.  He provides his DD Form 214 for the period ending 1 December 1958 and two Honorable Discharge Certificates.


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 request for correction of his DD Form 214 for the period ending 1 December 1958 to show he was awarded or authorized the Overseas Service Commemorative Medal, American Defense Commemorative Medal, Cold War Victory Commemorative Medal, U.S. Army Commemorative Medal, National Guard and Reserve Commemorative Medal, 50th Anniversary Korean Commemorative Medal, Honorable Service Commemorative Medal, and United Nations Military Service Commemorative Medal is acknowledged.  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.  Therefore, these medals will not be discussed any further in this Record of Proceedings.  

3.  The applicant's military records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

4.  On an unknown date, the applicant enlisted in the New York Army National Guard (NYARNG).  He provided an Honorable Discharge Certificate which shows he was discharged from the NYARNG and the National Guard of the United States on 2 June 1954.  A National Guard Bureau (NGB) Form 22 (National Guard Report of Separation and Record of Service) for this period of service is not available.  

5.  His DD Form 214 for the period ending 19 May 1955 shows he enlisted in the Regular Army (RA) on 7 September 1954 and he was discharged on 19 May 
1955, under the provisions of Army Regulation 615-366 (Misconduct) by reason of unfitness.  At the time of his discharge, he had completed 8 months and 5 days of active military service with 5 days of lost time and 4 months and 27 days of other service (1 year, 1 month, and 2 days total net service).  This discharge document does not show he was awarded or authorized any awards during this period of service.

6.  His DD Form 214 for the period ending 1 December 1958 shows he enlisted in the RA on 5 December 1955 and was discharged on 1 December 1958.  At the time of his discharge, he had completed 2 years, 11 months, and 13 days of active military service with 14 days of lost time.  This discharge document shows he completed 2 years, 1 month and 5 days of foreign service and was assigned to Company B, 29th Signal Battalion APO 164 (Karlsruhe, Germany) at the time of his separation.  He was awarded the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Carbine Bar.  

7.  His conduct and efficiency ratings are not available.  

8.  Army Regulation 600-8-22 (Military Awards) states the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility. 

	a.  the Army of Occupation Medal with Germany Clasp qualifying service must have occurred between 9 May 1945 and 5 May 1955.  The Army of Occupation Medal with Germany Clasp is also for authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.

	b.  the Army of Occupation Medal with Japan Clasp, qualifying service in Japan included service in the Japanese home islands, the Ryukyu Islands, and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952.  

9.  Army Regulation 600-8-22 states the NATO Medal was authorized by the Secretary-General of the NATO for specific NATO operations.  The Secretary of Defense may approve acceptance and wear by U.S. service members who meet the criteria specified by the Secretary-General of NATO.  The following missions/operations have been approved by the Secretary of Defense for acceptance and wear of the NATO Medal:  (1) Operations related to the former Republic of Yugoslavia (14 November 1995 to a date to be determined); (2) Operations related to Kosovo (13 October 1998 to a date to be determined); (3) Operation EAGLE ASSIST (12 October 2001 to 16 May 2002); (4) Operation ACTIVE ENDEAVOR (26 October 2001 to a date to be determined); (5) International Security Assistance Force (ISAF) in Afghanistan (1 June 2003 to a date to be determined); and (6) Operations in the Balkans (1 January 2003 to a date to be determined).  

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contends he is eligible to receive these medals and would like them shown on his DD Form 214.  

2.  The available records show he was assigned to Karlsruhe, Germany at the time of his separation.  However, there is no evidence and the applicant did not provide sufficient evidence that shows he served in a qualifying location for award of the Army of Occupation Medal.  Therefore, there is no basis for granting this medal.

3.  Based on the governing regulation, the NATO Medal was authorized by the Secretary-General of the NATO for specific operations in the former Republic of Yugoslavia, from 1 July 1992 through a date to be determined.  Since the applicant did not serve during the period of qualifying service, he is not eligible for the NATO Medal.  

4.  The available evidence does not include his character and efficiency ratings or whether he received any disciplinary action (i.e., court-martial) during his tenure on active duty, but does show 14 days of lost time.  In the absence of sufficient evidence, there is no basis for granting him the first award of the Army Good Conduct Medal (1st Award).


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)                                         AR20130018964





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ABCMR Record of Proceedings (cont)                                         AR20130018964



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