IN THE CASE OF: BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20150009454 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ____X____ ___X_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20150009454 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. IN THE CASE OF: BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20150009454 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 the following awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 28 July 1968: * Combat Action Badge * Vietnam Service Medal * Cold War Commemorative Medal * Republic of Vietnam Service Commemorative Medal (Vietnam Defense Commemorative Medal) * "Unit Citation Medal" * Overseas Service Commemorative Medal * Combat Service Commemorative Medal * Honorable Discharge Commemorative Medal 2. The applicant states he was told by another veteran he should have these medals added to his DD 214. 3. The applicant provides: * DD Form 214 * seven pages from the internet describing the medals he is requesting 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 15 August 1966, he was inducted into the Army of the United States. He completed basic combat and advanced individual training and he was awarded military occupational specialty 64B (Heavy Vehicle Driver). 3. He served in the Republic of Vietnam from 29 July 1967 - 26 July 1968. He was assigned to: * Headquarters and Headquarters Company, 36th Signal Battalion from 6 August - 14 October 1967 * 58th Transportation Company from 15 October 1967 - 26 July 1968 4. On 28 July 1968, he was honorably released from active duty. His DD Form 214 shows he was awarded or authorized the Vietnam Service Medal and the Meritorious Unit Commendation (Army). REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states that on 2 May 2005, the Chief of Staff, Army approved the creation of the Combat Action Badge to provide special recognition to Soldiers who personally engaged, or are engaged by, the enemy. Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001. 2. According to the Institute of Heraldry, Office of the Administrative Assistant to the Secretary of the Army, the Meritorious Unit Commendation emblem worn to represent award of the Meritorious Unit Commendation is 1 7/16 inches wide and 9/16 inch in height. The emblem consists of a 1/16 inch wide Gold frame with laurel leaves which encloses a Scarlet 67111 ribbon. No medal is authorized. 3. 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. Most commemorative medals are not officially recognized. 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 (Military Awards) and, as a result, they may not be shown on a discharge document. 4. The Honorable Discharge Medal is not issued or authorized by the Federal Government, nor can it be worn on the active duty uniform. However, it has been adopted by the Military Order of Foreign Wars and is offered as a purely civilian device to commemorate honorable military service. DISCUSSION: 1. Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001. 2. The Vietnam Service Medal is already shown on his DD Form 214. 3. His DD Form 214 shows he is authorized the Meritorious Unit Commendation (Army). There is no medal for the Meritorious Unit Commendation (Army). 4. Army personnel are prohibited from wearing commemorative medals and they are not shown on the DD Form 214. The following medals are commemorative medals: * Cold War Commemorative Medal * Republic of Vietnam Service Commemorative Medal (Vietnam Defense Commemorative Medal) * Overseas Service Commemorative Medal * Combat Service Commemorative Medal * Honorable Discharge Commemorative Medal //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009454 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009454 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2