IN THE CASE OF:	  

		BOARD DATE:	  18 June 2015

		DOCKET NUMBER:  AR20140017760 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the:

* Army Commendation Medal
* "Combat Service Medal"
* "Air Combat Service Medal"
* Army Service Ribbon
* Overseas Service Ribbon
* Cold War Service Medal (also known as the Cold War Victory Commemorative Medal)
* Presidential Unit Citation

2.  The applicant states:

	a.  The above medals are not shown on his DD Form 214.

	b.  He doesn't think the clerks wanted to do the paperwork before his separation back then.  The medals were supposed to have been handled by the aviation unit he was in (239th Aviation Company) while serving along the demilitarized zone in Korea.

	c.  In Korea, the only things the temporary unit clerk was concerned with were the members' flight pay and combat pay, everything else was overlooked until he got around to it.

	d.  He had an aviation military occupational specialty.

3.  The applicant provides:

* DD Form 214
* DA Forms 759 (Individual Flight Record and Flight Certificate – Army)
* DA Form 137 (Installation Clearance Record)
* travel orders and personnel roster
* hazardous duty orders
* company commander letter

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 30 January 1970 for a period of 3 years.  He served as a helicopter mechanic assigned to the 239th Aviation Company in Korea from 5 August 1970 to 6 September 1971.  On 8 February 1972, he was honorably released from active duty.

3.  His DA Form 20 (Enlisted Qualification Record) shows he was awarded or authorized the:

* National Defense Service Medal
* Armed Forces Expeditionary Medal

4.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Armed Forces Expeditionary Medal (Korea)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Good Conduct Medal
* Air Medal

5.  DD Forms 215 (Correction to DD Form 214), dated 18 January 2013 and 6 December 2013, amended his DD Form 214 by adding award of the Korea Defense Service Medal and Basic Aviation Badge.

6.  There are no orders for the Army Commendation Medal in the available records.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for this award upon successful completion of initial entry training.  The Army Service Ribbon may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

	c.  The Overseas Service Ribbon is awarded to members of the U.S. Army for successful completion of overseas tours.  Effective 1 August 1981, all members of the active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for this award.  The ribbon may be awarded retroactively to those personnel who were credited with normal overseas tour completion before 1 August 1981 provided they had an active Army status on or after 1 August 1981.

	d.  The Presidential Unit Citation is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

	e.  This regulation does not list the "Combat Service Medal," "Air Combat Service Medal," and Cold War Service Medal/Cold War Victory Commemorative Medal as authorized awards.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet does not show the 239th Aviation Company, 1 Corps, 8th Army, or 2d Armored Division was cited for award of the Presidential Unit Citation during the applicant's period of service.

9.  The Cold War Service Medal Act authorized the Secretary of the Military Department concerned to issue the Cold War Service Medal to members of the Armed Forces who were discharged or released under honorable conditions after having:  (1) served on active duty for at least 24 consecutive months during the Cold War (2 September 1945 through 26 December 1991), (2) deployed outside the continental United States for at least 30 days during such period, or (3) performed other Cold War service as the Secretary of Defense may prescribe.  However, the Secretary of Defense opposed establishment of a Cold War Service Medal because it would duplicate recognition provided by the numerous service medals already authorized during the Cold War era.

10.  The Secretary of Defense approved award of 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.

11.  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 wearing 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 are shown on a discharge document.

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214.  The instructions stated to enter all decorations, service medals, campaign credits, and badges awarded or authorized from the individual's DA Form 20.


DISCUSSION AND CONCLUSIONS:

1.  There are no orders for award of the Army Commendation Medal in his available records.  Therefore, there is insufficient evidence on which to base adding this medal to his DD Form 214.

2.  He did not serve during qualifying periods for award of the Army Service Ribbon and Overseas Service Ribbon.  Therefore, there is no evidentiary basis for adding these ribbons to his DD Form 214.

3.  Army Regulation 600-8-22 does not list the "Combat Service Medal," "Air Combat Service Medal," and Cold War Service Medal/Cold War Victory Commemorative Medal as authorized awards.  Therefore, there is no evidentiary basis for adding these medals to his DD Form 214.

4.  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 DD Form 214.

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 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)                                         AR20140017760



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ABCMR Record of Proceedings (cont)                                         AR20140017760



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