IN THE CASE OF: BOARD DATE: 19 December 2017 DOCKET NUMBER: AR20160005320 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: 19 December 2017 DOCKET NUMBER: AR20160005320 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: 19 December 2017 DOCKET NUMBER: AR20160005320 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 (Certificate of Release or Discharge from Active Duty) to show award of the Cold War Victory Medal (also known as the Cold War Victory Commemorative Medal). 2. The applicant states: * he was not issued the medal * he wants the medal added to his formal record * the award was authorized after he left the Army * the prerequisite for award of this medal was service between 26 September 1945 and 31 December 1991 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 enlisted in the Regular Army on 12 September 1986 for a period of 3 years. 3. Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in: * Germany from on or about 1 February 1987 to on or about 10 June 1990 * Korea from on or about 23 May 1993 to on or about 22 May 1994 4. He was honorably discharged on 21 September 1994. 5. His DD Form 214 shows he was awarded or authorized the: * Army Commendation Medal (1st Oak Leaf Cluster) * Army Achievement Medal (2nd Oak Leaf Cluster) * Army Good Conduct Medal (2nd Award) * National Defense Service Medal * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon with Numeral 2 * Expert Marksmanship Qualification Badge * Marksman Marksmanship Qualification Badge with Pistol Bar * Driver and Mechanic Badge with Driver-W Bar REFERENCES: 1. The Cold War Service Medal Act authorized the Secretary of the Military Department concerned to issue the Cold War Service Medal (also known as the Cold War Victory Commemorative Medal) to members of the Armed Forces who were discharged or released under honorable conditions after having: (1) served on active duty for at least 24 consecutive months during the Cold War (2 September 1945 through 26 December 1991), (2) deployed outside the continental United States for at least 30 days during such period, or (3) performed other Cold War service as the Secretary of Defense may prescribe. However, the Secretary of Defense opposed establishment of a Cold War Service Medal because it would duplicate recognition provided by the numerous service medals already authorized during the Cold War era. 2. The Secretary of Defense approved award of 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. Qualified individuals may submit a request in writing to: Commander, U.S. Army Human Resources Command, Cold War Recognition Program, Attention:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122-5408. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214 and specifically stated to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards). 4. 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 wearing commemorative medals. In addition, award of these medals is not governed by the provisions of Army Regulation 600-8-22 and, as a result, they are not shown on a discharge document. DISCUSSION: 1. The Cold War Victory Commemorative Medal is not officially recognized. 2. Army Regulation 670-1 prohibits wearing commemorative medals. In addition, award of these medals is not governed by the provisions of Army Regulation 600-8-22 and, as a result, they may not be shown on a discharge document. 3. However, the Secretary of Defense approved award of 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 written request for the Cold War Recognition Certificate to the U.S. Army Human Resources Command per the aforementioned guidance. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005320 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005320 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2