IN THE CASE OF:
BOARD DATE: 25 November 2014
DOCKET NUMBER: AR20140005406
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:
* Overseas Service Commemorative Medal
* American Defense Commemorative Medal
* Cold War Victory Commemorative Medal
* U.S. Army Commemorative Medal
* North Atlantic Treaty Organization (NATO) Service Commemorative Medal
* United Nations Military Service Commemorative Medal
* United Nations Medal
2. He states he earned the above listed medals, but they were not issued to him. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) supports the request that these medals are earned.
3. He provides his DD Form 214, his letter addressed to the National Personnel Records Center, and a Standard Form 180 (Request Pertaining to Military Records).
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 award of the Overseas Service Commemorative Medal, American Defense Commemorative Medal, Cold War Victory Commemorative Medal, U.S. Army Commemorative Medal, United Nations Military Service Commemorative Medal, and NATO 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 theseProceedings.
3. The applicant enlisted in the Regular Army on 13 November 1959. His DA Form 24 (Service Record) does not list award of the United Nations Medal in Section 9 (Medals, Decorations, and Citations).
4. His service record is void of evidence which indicates he participated in operations under the operational control of the United Nations or that he was awarded the United Nations Medal by the Secretary-General of the United Nations.
5. He was honorably released from active duty on 23 April 1963. His DD Form 214 does not show award of the United Nations Medal.
6. Army Regulation 600-8-22 states the United Nations Medal is awarded in the name of the Secretary-General of the United Nations to personnel in the service of the United Nations for a period of not less than six months with the United Nations Observation Group in Lebanon; the United Nations Truce Supervision Organization in Palestine; the United Nations Military Observer Group in India and Pakistan; the United Nations Security Forces, Hollandia; the United Nations Transitional Authority in Cambodia; the United Nations Advance Mission in Cambodia; the United Nations Protection Force in Yugoslavia; the United Nations Mission for the Referendum in Western Sahara; the United Nations Iraq/Kuwait Observation Group; and the United Nations Operation in Somalia (to include U.S. Quick Reaction Force Members)). The United Nations Medal is awarded by the Secretary-General of the United Nations and is categorized as a non-U.S. service medal. The certificate issued by the United Nations constitutes award of the United Nations Medal. Participation in the operation does not automatically qualify the individual for the United Nations Medal, and the service member must have been presented the medal by a representative of the Secretary-General.
DISCUSSION AND CONCLUSIONS:
The evidence of record does not support the applicant's contention that he earned the United Nations Medal. His service record is void of evidence which indicates he was awarded the United Nations Medal or that he participated in operations in the United Nations. Therefore, there is no basis for granting him this 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) AR20140005406
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ABCMR Record of Proceedings (cont) AR20140005406
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