IN THE CASE OF:	  

		BOARD DATE:	  10 July 2014

		DOCKET NUMBER:  AR20130020338 


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 award of the Army Good Conduct Medal, U.S. Army Commemorative Medal and Cold War Victory Commemorative Medal.

2.  The applicant states he believes he is entitled to award of the Army Good Conduct Medal, U.S. Army Commemorative Medal and Cold War Victory Commemorative Medal for his honorable service.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 enlisted in the Regular Army on 16 January 1967 for a period of 3 years.  He completed his basic training at Fort Bliss, Texas and was transferred to Fort Gordon, Georgia to undergo his advanced individual training (AIT) as a military policeman.

3.  On 7 September 1967, nonjudicial punishment was imposed against him for recklessly driving and overturning a M151 ¼ ton truck.  

4.  He was transferred to Baumholder, Germany on 14 November 1967 and assigned to the 285th Military Police Company.  On 24 January 1969, he was promoted to the rank of sergeant. 

5.  At the time the applicant cleared his unit to depart Germany; his commander gave him a “Good” conduct rating and an “Excellent” efficiency rating.  His official records show that he received “excellent” conduct and efficiency ratings throughout the remainder of his service.

6.  He departed Germany on 17 December 1969 and transferred to Fort Dix, New Jersey where he was honorably released from active duty (REFRAD) as an overseas returnee on 18 December 1969.  He had served 2 years, 11 months, and 3 days of active service.  His DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal and his marksmanship badge.

7.  Army Regulation 600-8-22 (Military Awards) states there is no automatic entitlement to an award upon departure either from an assignment or from the service.

8.  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.  Ratings of “Unknown” for portions of the period under consideration were not disqualifying.  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.

9.  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.  The Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  The applicant may submit a request in writing to Commander, U.S. Army Human Resources Command, Cold War Recognition, ATTN: AHRC-CWRS, 1600 Spearhead Division Avenue, Fort Knox, KY  40122. 

10.  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.  The applicant’s contention that he should be awarded the Army Good Conduct Medal for his service has been noted and appears to lack merit.  The requirement at the time for award of the Army Good Conduct Medal required individuals to have “Excellent” conduct and efficiency ratings during the entire period of service considered.

2.  In the applicant’s case, he received a “Good” conduct rating by his commander just prior to his departure from Germany and REFRAD.  Accordingly, he does not qualify for award of the Army Good Conduct Medal.

3.  The applicant’s contention that he should be awarded the U.S. Army Commemorative Medal and Cold War Victory Commemorative Medal has been noted; however, the Board does not have the authority to issue such medals and they are not authorized for entry on the DD Form 214 if they are issued. 

4.  Accordingly, there appears to be no basis to grant his request.








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)                                         AR20130020338



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ABCMR Record of Proceedings (cont)                                         AR20130020338



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