IN THE CASE OF: BOARD DATE: 23 May 2018 DOCKET NUMBER: AR20160011052 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: 23 May 2018 DOCKET NUMBER: AR20160011052 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: 23 May 2018 DOCKET NUMBER: AR20160011052 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 (Armed Forces of the United States Report of Transfer or Discharge) to show the following: * military occupational specialty (MOS) 12B30 * Sniper vice "Expert Rifle" * Cold War Victory Commemorative Military Medal * Honorable Discharge Commemorative Medal * Honorable Service Commemorative Medal * National Defense Service Medal * Overseas Service Commemorative Medal * American Defense Commemorative Medal * item 30 (Remarks) college 2 years 2. The applicant states he was in the field when he was asked to complete a draft DD Form 214. The official that assisted him was in a hurry and he wasn't given a chance to verify the form's accuracy. His DD Form 214 was given to him when he was discharged. 3. The applicant does not provide evidence, but states his records are at his local Department of Veterans Affairs office. 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 requested award of the Cold War Recognition Certificate. (He requested the Cold War Victory Commemorative Military Medal; however, the correct title is the Cold War Recognition Certificate.) This 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. 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, U.S. Army Human Resources Command, Cold War Recognition, ATTN: AHRC-CWRS, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. Based on this information, the applicant’s request for the Cold War Recognition Certificate will not be discussed any further in this Record of Proceedings. 3. On 15 December 1967 the applicant was inducted into the Army of the United States. 4. The applicant's DA Form 20 (Enlisted Qualification Record) contains the following information: * item 22 (MOSs) – primary MOS 12B (Combat Engineer), secondary MOS 12C (Bridge Specialist) * item 29 (Qualification in Arms) – sharpshooter M-14 rifle on 3 August 1969 and expert M16 rifle on 27 April 1968 * item 41 (Awards and Decorations) – National Defense Service Medal and Expert Marksmanship Qualification Badge 5. The applicant's official military personnel record does not contain orders announcing his MOSs nor were any award orders filed. 6. On 28 November 1969 the applicant was honorably discharged. He was issued a DD Form 214 containing the following information: * item 23a (Specialty Number and Title) – 12B20, Combat Engineer * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – National Defense Service Medal and "Expert (Rifle)" (properly known as Expert Marksmanship Qualification Badge with Rifle Bar) * item 30 – College, 2 years, Liberal Arts REFERENCES: 1. 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 United States Congress and are minted by the U.S. Mint. Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prohibits the wearing of commemorative medals on military uniforms. 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 are not recorded on a discharge document. 2. Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges. The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214 which is prepared for all personnel at the time of their retirement, discharge, or release from active duty. It contained guidance on the preparation of the DD Form 214. The source documents used to prepare the DD Form 214 include the DA Form 20, DA Form 201 (Military Personnel Records Jacket (MPRJ) and any other available records including military orders. * item 23a – enter the primary MOS code number and title * item 24 – enter from DA Form 20 all decorations, service medals, campaign credits, badges awarded or authorized * item 30 – enter the highest civilian education level attained DISCUSSION: 1. There is no requirement to add commemorative medals to separation documents as these medals are not authorized under Army regulations. 2. The DA Form 20 is used to prepare the DD Form 214. The applicant requested correction to his separation document to show his MOS as 12C, he completed 2 years of college, and the addition of the National Defense Service Medal. A review of his DD Form 214 shows the National Defense Service Medal is properly recorded in item 24. Two years of college is also properly shown in item 30 of his DD Form 214. Concerning his request to change is primary MOS to 12C, his DA Form 20 does not support his requested correction. This form shows his primary MOS as 12B. In addition, there are no orders in his record supporting his requested action to change his primary MOS to 12C. 3. Concerning his request for "Sniper" instead of the marksmanship badge shown on his DD Form 214, the regulation concerning badges does not support his request as there is no "Sniper" marksmanship badge. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011052 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011052 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2