IN THE CASE OF:
BOARD DATE: 22 January 2015
DOCKET NUMBER: AR20140008177
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:
a. award of the Cold War Victory Commemorative Military Medal, Honorable Service Commemorative Medal, American Defense Commemorative Medal, Army Service Commemorative Medal, and Armed Forces Expert Marksman Commemorative Medal; and
b. any awards and decorations to which he may be entitled.
2. The applicant states he believes he may be entitled to these additional medals.
3. The applicant provides a copy of his DD Form 214.
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 23 August 1963 for 3 years. His DA Form 20 (Enlisted Qualification Record) shows he served as a light weapons infantryman in Korea from 14 January 1964 to 28 January 1965. On
22 August 1966, he was honorably released from active duty.
3. His DD Form 214 shows he was awarded or authorized the:
* Good Conduct Medal
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
4. 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.
5. 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, including the DD Form 214. 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 Program, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122-5408.
6. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to add the commemorative medals 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.
2. He served a period of qualifying service for award of the KDSM. Therefore, his DD Form 214 should be corrected to show this medal.
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 adding the KDSM to his DD Form 214.
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 adding commemorative medals to his DD Form 214.
____________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) AR20140008177
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ABCMR Record of Proceedings (cont) AR20140008177
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