IN THE CASE OF:
BOARD DATE: 2 June 2015
DOCKET NUMBER: AR20140018136
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) by showing he was awarded the Cold War Medal.
2. The applicant states he was deployed to the Federal Republic of Germany instead of to the Republic of Vietnam. The error he wants corrected occurred in 1970.
3. The applicant provides no additional documentation.
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. On 19 July 1964, the applicant enlisted in the U.S. Army Reserve (USAR) for 6 years.
3. On 10 November 1964, the applicant was ordered to active duty for training (ACDUTRA). He completed training as a radio teletype operator and was released from active duty (REFRAD) on 27 June 1965. His DD Form 214 for this period of ACDUTRA shows he received the Expert Marksmanship Qualification Badge with Rifle Bar.
4. Between 31 December 1965 and 30 June 1970, the applicant served in the Ready Reserve and performed annual and semi-annual active training of 15 days each.
5. On 30 June 1970, the applicant was discharged from the USAR due to the expiration of his term of service (ETS). None of his active service qualified for issuance of another DD Form 214.
6. The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document. 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, ATTN: AHRC-CWRS, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. A corresponding medal was never approved for issuance with this certificate.
7. 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. As a result, they may not be shown on a discharge document.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected by showing he was awarded the Cold War Medal.
2. The available evidence shows that the applicant is authorized to request and receive a Cold War Recognition Certificate; however, no official medal was ever issued or authorized to accompany this certificate. Furthermore, the governing regulation precludes listing such certificates on the DD Form 214.
3. The governing regulation does not authorize entry of commemorative medals on the DD Form 214.
4. In view of the above, the applicant request should be denied.
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) AR20140018136
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ABCMR Record of Proceedings (cont) AR20140018136
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