IN THE CASE OF: BOARD DATE: 14 April 2016 DOCKET NUMBER: AR20150004389 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 records to show: a. in addition to the awards shown on his 1970 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), he is also authorized the Cold War Victory Medal, Army Service Medal, Army Meritorious Unit Citation (i.e., Meritorious Unit Commendation), "Certificate of Achievement Medal", Army Reserve Components Achievement Medal, Noncommissioned Officer Professional Development Ribbon with Numeral 3, and Armed Forces Reserve Medal; and b. all of his awards on his Army Reserve DA Form 2-1 (Personnel Qualification Record - Part II), to include those shown on his DD Form 214 and the Army Reserve Components Achievement Medal, Noncommissioned Officer Professional Development Ribbon with Numeral 3, and Armed Forces Reserve Medal; and 2. He also requests to be issued all authorized medal sets. 3. The applicant states he does not know why these awards were not included on his DD Form 214. Although he worked in the personnel support office, he was not in charge of his own records. 4. The applicant provides copies of his 1970 DD Form 214, two Honorable Discharge Certificates, a Certificate of Achievement, Advanced Course for Reserve Component Noncommissioned Officers course certificate, and a DA Form 2-1. 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 20 March 1967 through 10 March 1970. During this period he is shown to have received two Certificates of Achievement and a Certificate of Appreciation. 3. His DA Form 20 (Enlisted Qualification Record), for his period on active duty, shows – * overseas service in Germany from 24 October 1967 through 9 March 1970 (2 years, 4 months, and 15 days) * assignment to the 569th Personnel Services Company * award of the National Defense Service Medal, Army Good Conduct Medal (1st Award) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 4. The available records include orders for only the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) during this period. 5. The applicant's 10 March 1970 DD Form 214 lists his awards as the National Defense Service Medal, Army Good Conduct Medal (1st Award), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 6. The applicant served in the U.S. Army Reserve (USAR) Control Group (Reinforcement) from 11 March 1970 through 1 March 1973 and in the USAR from 31 March 1980 until his honorable discharge on 30 March 1987. 7. He completed the advanced course for the Reserve Component Noncommissioned Officers Course on 30 July 1982. 8. The applicant's DA Form 2-1, covering his period of USAR service, shows his awards as the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), National Defense Service Medal, Good Conduct Medal, Overseas Service Ribbon, Army Service Ribbon, and the Noncommissioned Officer Professional Development Ribbon with Numeral 3. There is no indication the applicant was called to active duty during his period of USAR service other than for training during this period. 9. The Cold War Victory Medal is awarded only by the National Guard of the States Alaska, Louisiana, and Texas to those who honorably served during the period commonly referred to as the "Cold War Period" of 2 September 1945 to 26 December 1991. The title of the medal is the same, except with the respective name of the issuing State in front of it; i.e. Alaska Cold War Victory Medal. It is not federally recognized by the National Guard Bureau or any of the branches of the military services. 10. Army Regulation 600-8-22 (Military Awards) shows that: a. The Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The Army Reserve Components Achievement Medal is authorized for award to Army personnel including Active Guard Reserve officers in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or Army Reserve troop program unit or as an individual mobilization augmentee. Since 3 March 1972 the medal has been authorized upon completion of 4 years of service with a Reserve Component unit. Individuals must have completed 4 years of qualifying service on or after 3 March 1972 and before 28 March 1995. Beginning 28 March 1995, the period of qualifying service for award of the Army Reserve Components Achievement Medal was reduced from 4 to 3 years. This change is not retroactive. Such years of qualifying service must have been consecutive. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. c. The Armed Forces Reserve Medal is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components of the Armed Forces of the United States for a period of 10 years. The conditions for award of the Armed Forces Reserve Medal include requirements for earning 50 retirement points for each of the 10 qualifying year of service and that the qualifying service be completed within 12 consecutive years. Service in a regular component of the Armed Forces, tenure in elected state office, tenure as a member of a legislative body of the United States or a state, and service as a judge of a court of record of the United States, a state or territory or District of Columbia is excluded from credit toward this award but does not constitute a break in service. d. The Army Service Ribbon was established by the Secretary of the Army on 10 April 1981. This regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training. The award 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. e. The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon. f. The Noncommissioned Officer Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981. It is awarded to members of Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses. Effective 30 March 1989, a service member will be awarded the NCO Professional Development Ribbon with the numeral which identifies the highest level of NCOES or RC-NCOES successfully completed as follows – Bar Ribbon Device–Primary Level; 2–Basic Level; 3–Advanced Level; and 4–Senior Level. g. For award of marksmanship badges, an award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification level. 11. Army Regulation 635-5 (Separation Documents), as then in effect, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. For item 24 entries (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) enter from the DA Form 2-1 all decorations, service medals, campaign credits, and badges awarded or authorized or through verification of orders. The regulation does not authorize inclusion of certificates of achievement on a DD Form 214. DISCUSSION AND CONCLUSIONS: 1. Only the States of Louisiana, Texas, and Alaska National Guard have an official Cold War Victory Medal; for all others, it is only a commemorative medal. As the medal is not federally recognized, wear on an official uniform and inclusion as an authorized military award is not authorized. 2. There is no official U.S. medal called a "Certificate of Achievement Medal" and a Certificate of Achievement is not the same thing as an Army Achievement Medal. While a certificate of achievement or appreciation is a form of recognition of a Soldier's service or deeds; they are not among the forms of recognition that are authorized for inclusion on a DD Form 214. 3. A DD Form 214 is basically a static document. It contains only that information related to the period of active duty covered by the document, in this case from 20 March 1967 through 10 March 1970. There is no provision for including any awards or decorations authorized or awarded for service subsequent to the end date of the period covered. Therefore, inclusion of any authorized awards for the applicant's period of USAR service on the DD Form 214 is not authorized. 4. The applicant has not provided and the record does not contain any evidence that any unit he served with was awarded a Meritorious Unit Commendation. 5. The applicant did not serve the required length of service (10 years) to qualify for award of Armed Forces Reserve Medal. 6. While the applicant served in the USAR for a period that may have qualified him for award Army Reserve Components Achievement Medal, he has not provided and the record does not contain any evidence that he was recommended for or awarded this medal. 7. The applicant was authorized the Noncommissioned Officer Professional Development Ribbon with Numeral 3 for completion of the required course during his period of USAR service; therefore, inclusion on the 1970 DD Form 214 is not authorized. 8. The Army Service Ribbon and Overseas Service Ribbon did not exist at the time of the applicant's period of active duty service. However, he appears to have been awarded these ribbons under the retroactive award provision due to being in an active Reserve status on 1 August 1981. The absence of these ribbons among the awards listed on his DD Form 214 is not an error. 9. The applicant requalified as an expert on the rifle which automatically revoked his Sharpshooter Marksmanship Qualification Badge. 10. The applicant's authorized awards are the Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, Noncommissioned Officer Professional Development Ribbon with Numeral 3, and the Expert Marksmanship Qualification Badge with Rifle Bar. All of which are currently shown on his USAR DA Form 2-1. 11. While there is no official medal to recognize Cold War service, there is a Cold War Recognition Certificate. 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. In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, 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, USAHRC, ATTN: AHRC-PDP-A, Dept. 480, 1600 Spearhead Division Avenue, Fort Knox, KY 40122-5408. Based on this information, the applicant’s request for the Cold War Recognition Certificate will not be discussed further. 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) AR20150005576 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004389 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1