RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:       2 February 2006
      DOCKET NUMBER:  AR20050005497


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Yolanda Maldonado             |     |Chairperson          |
|     |Mr. Michael J. Flynn              |     |Member               |
|     |Mr. Dennis J. Phillips            |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his Military Medal of Gold and
Green, told to be a valor, stress, and honor medal, be added to his DD Form
214, Certificate of Release or Discharge from Active Duty.

2.  The applicant states, in effect, he went above and beyond the call of
duty, by and for Battery A, 1st Battalion, 30th Field Artillery Regiment,
and also represented his country in a major event while overseas carrying
the United States flag with honor, pride, and courage.

3.  In a handwritten statement to the Board, the applicant states he held
the highest honors while in the United States Army and carried the United
States flag with honor, pride, and courage in the world-wide event, and
received a medal told to him to be of the purest of gold and green, with no
red for blood shed, for what he had done.  He adds that a general officer
pinned the medal on his uniform and the medal which was issued came from
the issuing division of the President of the United States of America.  He
was given a certificate of honor and the general officer and the battalion
commander stated that the letter must, and would be sent, to his mother.

4.  In his statement, the applicant also states he was awarded a medal for
driving around generals, congressmen and women, and State representatives
in the State of Texas, on a special activity that had to do with the very
first Bradley Personnel Carriers and the M-1 Tank and this is not on his
record at Fort Hood, Texas.

5.  The applicant concludes by stating that he would love to see his
medals, shinny and pure for on the day that age calls him and he must be
lowered into the ground.  He would want his daughter or his wife, at the
time, to receive his military burial flag with the highest of high honors,
even if he is buried in a civilian cemetery.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 28 October 1983.  The application submitted in this case is
dated 8 April 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Regular Army for 3 years on 23 April
1979.  Following completion of basic combat training and advanced
individual training at Fort Sill, Oklahoma, he was awarded the primary
military occupational specialty (MOS), 13B, Cannon Crewman.

4.  The applicant was assigned to Battery A, 1st Battalion, 30th Field
Artillery Regiment, in Germany, as a first duty station, on 6 August 1979.

5.  On 16 March 1982, the applicant extended his 3 year Regular Army
enlistment for 3 months and 21 days to share a common departure date from
Germany with his wife.

6.  The applicant was discharged on 18 May 1982 for the purpose of
immediate reenlistment in the Regular Army.  The applicant reenlisted for 3
years on 19 May 1982.

7.  On departure from Germany, the applicant attended an MOS producing
course at Redstone Arsenal, Alabama.  The applicant was then assigned to
duty at Fort Hood.

8.  The applicant was discharged from active duty on 28 October 1983, under
the provision of Army Regulation (AR) 635-200, Chapter 13, for
unsatisfactory performance, in the rank and pay grade, Private First Class,
E-3.  On his release from active duty, he had 4 years, 6 months, and 6 days
active military service, with no days of lost time.

9.  The applicant's DD Form 214, in Item 13 (Decorations, Medals, Badges,
Citations and Campaign Ribbons Awarded or Authorized), shows he was
awarded:  the Army Service Ribbon, the Overseas Service Ribbon, the Good
Conduct Medal, the Driver and Mechanic Badge with Driver-W Bar, and the
Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  No other
awards or decorations are shown among his authorized awards.

10.  There is no entry in Item 9 (Awards, Decorations and Campaigns), of
the applicant's DA Form 2-1, Personnel Qualification Records, Part II,
showing other than the awards shown in the above paragraph.

11.  The evidence shows that the applicant was awarded a certificate of
achievement on 7 August 1980, for exceptionally meritorious achievement,
during the period 11 to 19 July 1980, as a member of the 1st Battalion,
30th Field Artillery Nijmegen March Team.  He successfully completed the
arduous 100 mile march at Nijmegen, Holland, serving as a battalion
representative for this international event.

12.  The evidence also shows the applicant was awarded a letter of
appreciation on 25 September 1980, by the Commander, 17th Field Artillery
Brigade, for his professional performance during Exercise Certain Rampart
conducted during the period 15 through 25 September 1980.  The applicant
was a member of the Guest Services and Escort Division, VII Corps Joint
Visitors Bureau.

13.  The evidence shows the applicant was awarded a letter of appreciation
by the Commander, 2nd Armored Support Battalion, 2nd Armored Division, Fort
Hood, for his outstanding efforts during Field Exercise Hardened Steel and
the battalion ARTEP (Army Training and Evaluation Program), during the
period 2 through 17 May 1983.

14.  Review of the applicant's service personnel records failed to reveal
evidence of an award the applicant states he received for driving around
generals, congressmen and women, and State representatives, in the State
of Texas, on a special activity that had to do with the introduction of the
Bradley Personnel Carriers and the M-1 Tank.

15.  The Nijmegen March originated in 1909 with Dutch military efforts to
increase the long distance marching and weight-carrying ability of infantry
Soldiers and eventually evolved into a prestigious international annual
competition.  The Nijmegen March is a four day march, is held annually, and
is centered on Holland's oldest town, Nijmegen.  The march is comprised of
four consecutive days of marathon marching, each day 30 miles in length.
Individuals, civilian groups, police/emergency services, military and cadet
teams all participate from all over the world.  At the end of the four days
of marching, each participant is awarded a medal to commemorate their
participation in this annual event.  The Nijmegen March Medal is typically
gold and green.

16.  Commemorative medals, including medals such as the Nijmegen March
Medal, are not governed by AR 600-8-22.  Commemorative medals are made
available by commercial resources and the Nijmegen March Medal is available
only to participants of this march.  Since these medals are not governed by
the applicable regulation, these commemorative medals are not authorized
for entry on a Soldier's discharge or separation document.
17.  Army Regulation 635-5 (Separation Documents), in effect at the time
of the applicant's separation, prescribes the separation documents that
must be prepared for Soldiers on retirement, discharge, release from
active duty service, or control of the Active Army.  It establishes
standardized policy for preparing and distributing the DD Form 214.

18.  The same regulation provides that item 13, of the DD Form 214, will
reflect decorations, medals, badges, citations and campaign ribbons
awarded or authorized, for all periods of service.  Certificates of
Achievement, Letters of Appreciation, and similar documents are not
authorized for entry on a Soldier's DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The military medal of gold and green the applicant described is not an
authorized medal awarded by the Army or by the Department of Defense to
Army personnel.

2.  From the description of the medal given by the applicant, the
description of the event – a world wide event, his geographical
assignment at the time, and the evidence – that he received a certificate
of achievement for his participation in the Nijmegen March in 1980, which
is on file in his service record, the only reasonable conclusion that can
be reached is that the applicant wants his Nijmegen March Medal added to
his DD Form 214.  This medal, a commemorative medal, is not an award
governed by AR 600-8-22; therefore, the applicant is not entitled to have
this award added to his DD Form 214.

3.  When discharged, the applicant's discharge was annotated to show he
was awarded the Army Service Ribbon, the Overseas Service Ribbon, the Good
Conduct Medal, the Driver and Mechanic Badge with Driver-W Bar, and the
Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Review of
his service records failed to reveal other awards or decorations to which
the applicant was eligible.

4.  The evidence shows that the applicant was awarded a certificate of
achievement on 7 August 1980, for successfully completing the arduous 100
mile march at Nijmegen, Holland.  The evidence also shows the applicant was
awarded a letter of appreciation by the Commander, 2nd Armored Support
Battalion, 2nd Armored Division, Fort Hood, for Field Exercise Hardened
Steel and the battalion ARTEP.  However, an entry is not authorized to be
made in a Soldier's DD Form 214 to record receipt of letters or
certificates that he receives during his service.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 October 1983; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 27 October 1986.  However, the applicant did not file
within the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__DJP___  _YM____  _MJF ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




            ____Yolanda Maldonado___
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050005497                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060202                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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