IN THE CASE OF:	  

		BOARD DATE:	  14 October 2014

		DOCKET NUMBER:  AR20140002873 


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) to show award of the Bronze Star Medal (BSM), New Jersey Distinguished Service Medal, and New Jersey Vietnam 25th Anniversary Commemorative Medal.

2.  The applicant states his DD Form 214 needs to be updated to include the three medals. 

3.  The applicant provides:

* BSM award certificate
* citation for the New Jersey Distinguished Service Medal
* certificate for the New Jersey Vietnam 25th Anniversary Commemorative Medal
* Honorable Discharge Certificate from the U.S. Army Reserve (USAR) 

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 19 January 1966 for 3 years.  He served as a field artillery crewman in Vietnam from 2 February 1968 to 
11 January 1969.  On 10 January 1969, he was honorably released from active duty (REFRAD) and transferred to the USAR to complete his remaining service obligation.

3.  His DD Form 214 does not show the BSM, New Jersey Distinguished Service Medal, or New Jersey Vietnam 25th Anniversary Commemorative Medal as authorized awards.

4.  There are no orders for the BSM in the available records.

5.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show entitlement to the BSM.

6.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the BSM pertaining to the applicant.

7.  He provides an award certificate, dated 10 February 1969, which shows he was awarded the BSM for meritorious achievement for the period January 1968 to December 1968 in Vietnam.  

8.  He was honorably discharged from the USAR on 18 January 1972. 

9.  He enlisted in the New Jersey Army National Guard (NJARNG) on 
29 September 1989.  On 28 September 1991, he was honorably discharged.

10.  He provides an undated citation for award of the New Jersey Distinguished Service Medal.

11.  He also provides an undated certificate for the New Jersey Vietnam 25th Anniversary Commemorative Medal.


12.  Army Regulation 600-8-22 (Military Awards) states the BSM is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

13.  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 United States Congress and are minted by the United States 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 are not governed by the provisions of Army Regulation 600-8-22 and, as a result, they may not be shown on a discharge document.

14.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the BSM in the available records.  In the absence of orders, the award certificate provided by the applicant is not sufficient as a basis for adding the BSM to his DD Form 214.

2.  The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his REFRAD.  Since he served in the NJARNG after his REFRAD and it appears he was awarded the New Jersey Distinguished Service Medal after his REFRAD, there is no basis for amending his DD Form 214 to show this medal.

3.  The applicant's request to add the New Jersey Vietnam 25th Anniversary Commemorative Medal to his DD Form 214 was noted.  However, most commemorative medals are not officially recognized.  Army Regulation 670-1 
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.

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)                                         AR20140002873





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ABCMR Record of Proceedings (cont)                                         AR20140002873



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