BOARD DATE:	  12 January 2012

		DOCKET NUMBER:  AR20110011849 


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 that his DD Form 214 (Report of Transfer or Discharge) be corrected to show award of seven commemorative medals.

2.  The applicant states he believes that he may have earned or be entitled to a Combat Service Commemorative Medal, Overseas Service Commemorative Medal, American Defense Commemorative Medal, Cold War Commemorative Medal, U.S. Army Commemorative Medal, Honorable Service Commemorative Medal, and/or a Republic of Vietnam Service Commemorative Medal.

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 served on active duty from 1 November 1966 through 21 October 1968. 

3.  His DD Form 214 shows award of the National Defense Service Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Republic of Vietnam Campaign Medal, Vietnam Service Medal and receipt of one Overseas Service Bar.  

4.  Army Regulation 635-5 (Separation Documents) states that awards and decorations for all periods of service are to be listed in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).  No commemorative awards are listed in the priority sequence.

DISCUSSION AND CONCLUSIONS:

While some commemorative medals are authorized by the U.S. Congress and are minted by the U.S. Mint most are not officially recognized military awards or decorations.  The applicant may be entitled to receipt of some type of the commemorative medal or awards; however, none of the requested commemorative medals are official military awards listed in Army Regulation 600-8-2 and as such no correction to the DD Form 214 is warranted.

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)                                         AR20110011849



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ABCMR Record of Proceedings (cont)                                         AR20110011849



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