IN THE CASE OF: BOARD DATE: 20 November 2018 DOCKET NUMBER: AR20170001945 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x___ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 20 November 2018 DOCKET NUMBER: AR20170001945 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the National Defense Service Medal to his DD Form 214. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to any relief in excess of that described above. ___________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: 20 November 2018 DOCKET NUMBER: AR20170001945 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 awards: * Army Commendation Medal * Army Good Conduct Medal * American Defense Service Medal * National Defense Service Medal * Korean Service Medal * Vietnam Service Medal * Armed Forces Service Medal * Armed Forces Reserve Medal * North Atlantic Treaty Organization (NATO) “Meritorious” Medal * NATO Medal (Macedonia) * American Defense Commemorative Medal * Armed Forces Expert Marksman Commemorative Medal * Vietnam 50th Anniversary Commemorative Medal * Cold War Victory Commemorative Medal * Honorable Discharge Commemorative Medal * Overseas Service Commemorative Medal * Combat Service Commemorative Medal * Meritorious Service Commemorative Medal * U.S. Army Commemorative Medal * NATO Service Commemorative Medal * National Guard & Reserve Commemorative Medal 2. The applicant states these medals were unavailable at the time of his separation. 3. The applicant provides: * DD Form 214 * DA Form 20 (Personnel Qualification Record) * Discharge Memorandum, dated 26 February 1968 * National Personnel Records Center memorandum, dated 22 August 2016 . 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 was inducted into the Army of the United States on 5 December 1962. He was trained and served in military occupational specialty 121.10 (Combat Construction Specialist). 3. A DA Form 20, provided by the applicant and filed in his records, shows he served in Germany from 23 April 1963 to 15 November 1964. 4. On 4 December 1964, the applicant was honorably released from active duty after completing 2 years of active service. His DD Form 214 shows he earned the the Army Good Conduct Medal. 5. Item 38 (Record of Assignments) of his DA Form 20 shows that subsequent to his release from active duty the applicant served in the U. S. Army Reserve (USAR) Control Group and the Ready Reserve. 6. He provided a memorandum, dated 26 February 1968, which shows he was honorably discharged from the USAR on 26 February 1968. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy, criteria, and administrative instructions concerning individual and unit military awards. a. Commemorative medals are not included in the Army's inventory of awards authorized for issuance by the Department of the Army. b. 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 the wearing of 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. c. The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. d. The American Defense Service Medal is awarded for service between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer. e. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal. f. The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954. g. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. h. The Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992 participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action. i. The conditions for award of the Armed Forces Reserve Medal require that a minimum of 50 retirement points be earned for each of the 10 qualifying years 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 the District of Columbia is excluded from credit toward this award but does not constitute a break in service. j. The NATO Medal is awarded by NATO for participation in NATO operations. 3. AR 635-5 (Separation Documents), at the time, 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 provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. DISCUSSION: 1. The applicant completed a qualifying period of service for award of the National Defense Service Medal. 2. The Army Good Conduct Medal is correctly listed on his DD Form 214. 3. All personal decorations upon approval are required to be announced in orders. His record is void of orders awarding him the Army Commendation Medal. 4. He did not serve in a qualifying area of eligibility, nor did he serve during a period of eligibility or complete a period of qualifying service for the following awards: * American Defense Service Medal * Korean Service Medal * Vietnam Service Medal * Armed Forces Service Medal * Armed Forces Reserve Medal 5. There is no evidence showing he was awarded the NATO Medal by NATO. This Board is not an authorizing authority for this decoration. It may only correct a record to show this award when provided evidence that a Soldier received the award from NATO. 6. The commemorative medals the applicant has requested are not governed by AR 600-8-22. These medals are made available by commercial vendors and are not authorized to be shown on a discharge document. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170001945 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170001945 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2