IN THE CASE OF:	  

	BOARD DATE:	  3 December 2014

	DOCKET NUMBER:  AR20140007695


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 (Certificate of Release or Discharge from Active Duty) ending on 8 May 1992 by removing a Meritorious Unit Commendation and showing award of:

* Meritorious Service Medal (MSM)
* Excellence in Competition Badge, Bronze, Rifle
* Army Good Conduct Medal (AGCM)

2.  The applicant states that he does not have orders for the Meritorious Unit Commendation and wants it removed from his DD Form 214.  He also asks if he is authorized to wear the ribbons for the following commemorative medals on his uniform:

* Cold War Victory Commemorative Medal
* Combat Service Commemorative Medal
* Overseas Service Commemorative Medal

3.  The applicant provides copies of:

* DD Form 214 ending in 1992
* DD Form 215 (Correction of DD Form 214)
* Certificate for award of the MSM showing Permanent Order 51-1, dated 1 April 1992
* Permanent Orders 149-1, Fort Benning, GA, dated 1 September 1978

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.  At the time of his application, the applicant was a master sergeant, pay grade E-8, retired, U.S. Army Reserve (USAR).

3.  Permanent Orders 149-1, U.S. Army Marksmanship Unit, Fort Benning, GA, dated 1 September 1978 announced the applicant’s award of the Excellence-in-Competition Badge – Bronze – Rifle.  The authority for this badge was cited as Army Regulation 672-5-1 (Military Awards).

4.  A certificate, provided by the applicant, dated 1 April 1992, shows he was awarded on Permanent Order 51-1 the MSM for the period 2 September 1991 to 1 April 1992.

5.  The applicant’s latest available DD Form 214, ending on 8 May 1992, as corrected by a DD Form 215, shows he was ordered to active duty in support of Operation Desert Shield/Desert Storm and served in Southwest Asia from 
19 January 1991 to 25 March 1992.  His awards include:

* Army Service Ribbon
* Kuwait Liberation Medal
* National Defense Service Medal (two awards)
* Southwest Asia Service Medal with two bronze service stars
* Army Commendation Medal (two awards)
* Vietnam Service Medal
* Good Conduct Medal (Air Force)
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Army Reserve Components Achievement Medal (ARCAM)
* Armed Forces Expeditionary Medal
* Armed Forces Reserve Medal
* Noncommissioned Officer Professional Development Ribbon
* Meritorious Unit Commendation
* Expert Marksmanship Qualification Badge with Rifle and Pistol Bars
* Parachutist Badge

6.  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.

7.  Army Regulation 600-8-22 provides:

	a.  The Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.  Units based in the continental United States are excluded from this award, as are other units outside the area of operations.

	b.  The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

	c.  For entitlement to the ARCAM, it states when a qualifying period of troop program unit service is broken by mobilization, the period of service prior to the mobilization will be added to the period following mobilization for award eligibility.  Qualifying time for award of the ARCAM will not be lost and will continue to count toward award of the ARCAM once personnel are no longer activated/mobilized.  The period of service used to award the AGCM cannot be used toward the ARCAM.  However, periods of active duty that do not meet the eligibility requirement for award of the Army Good Conduct Medal may be used for award of the Army Reserve Components Achievement Medal.  


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 ending on 8 May 1992 should be corrected by removing a Meritorious Unit Commendation and showing award of:

* MSM
* Excellence in Competition Badge, Bronze, Rifle
* AGCM

2.  The applicant also requests to know if he is authorized to wear commemorative ribbons on his uniform.  The governing regulations prohibit the wearing of commemorative ribbons on the U.S. Army uniform.

3.  The available evidence shows that the applicant was awarded the MSM.  Therefore, it should be shown on his DD Form 214.

4.  Permanent orders announced the applicant’s award of the Excellence-in-Competition Badge – Bronze – Rifle.  Accordingly, this badge should be shown on his DD Form 214.

5.  The available evidence indicates that the applicant served a combat tour of duty in the Republic of Vietnam.  Unfortunately, the records do not provide specific information to make a determination whether his unit(s) at the time received an award of the Meritorious Unit Commendation.  Furthermore, he served a qualifying period of combat duty in support of Desert Shield/Desert Storm which may have also been with a unit that was awarded this medal.  Lacking clear and convincing evidence to show otherwise, it would be inappropriate to remove this unit award from his DD Form 214.

6.  The available evidence shows that the applicant was awarded a Good Conduct Medal for service in the U.S. Air Force.  The available evidence also shows that he was awarded only one ARCAM.  Unfortunately, the Soldier's available military records do not contain sufficient documentation to show his periods of active duty that would have qualified for the AGCM and periods of USAR service that would have qualified for the ARCAM.  Accordingly, without more detailed evidence of when he was awarded the ARCAM, it cannot be determined if the period for the ARCAM may have overlapped when he may have been eligible for the AGCM.  This portion of his request should be denied at this time


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing, in addition to the awards already shown on his DD Form 214 ending on 8 May 1992 that his awards include:

* Meritorious Service Medal
* Excellence-in-Competition Badge – Bronze – Rifle

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Army Good Conduct Medal or removal of the Meritorious Unit Commendation from his 
DD Form 214, ending on 8 May 1992.




      ___________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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20007695



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