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10th August 10, 12:15 PM
#11
Federal regulations require that you apply to the DoD for permission to wear the medal. This applies to both active duty and former service personnel. The wearing of any US military medal or decoration by an individual which has not been authorized by the DoD is a criminal offense whether or not the military medal is worn on the service uniform or civilian clothing.
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10th August 10, 12:40 PM
#12
About two years ago I discovered that I could request a copy of my DD-214 online. Verification was a single sentence stating that it was me, and my signature. I discovered that one medal and one ribbon where/was automatically written. They were not mistakes, I was with the unit, and we did the deed.
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10th August 10, 01:01 PM
#13
Originally Posted by MacMillan of Rathdown
Federal regulations require that you apply to the DoD for permission to wear the medal. This applies to both active duty and former service personnel. The wearing of any US military medal or decoration by an individual which has not been authorized by the DoD is a criminal offense whether or not the military medal is worn on the service uniform or civilian clothing.
That is incorrect...DOD's permission is not required. DOD does not authorize medals nor can they give or deny permission for their wear - that is a function of legislative and executive branches...
If congress has authorized a medal and it has been signed off by the president and you MEET the requirements - Permission is "understood"
and
You would only be charge if you knowingly wore a medal you knew you were not entitled too
remember as you read below AUTHORITY is from congress.. and if congress says anybody that served from x to x is awarded the medal -they are awarded the medal and entitled to wear it.... DOD can not supersede Congress or the President
Title 18 United States Code:
Sec. 704. Military Medals or Decorations:
(a) In General. - Whoever knowingly wears, manufactures, or sells any decoration or medal authorized by Congress for the armed forces of the United States, or any of the service medals or badges awarded to the members of such forces, or the ribbon, button, or rosette of any such badge, decoration or medal, or any colorable imitation thereof, except when authorized under regulations made pursuant to law, shall be fined under this title or imprisoned not more than six months, or both.
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10th August 10, 02:57 PM
#14
You are correct about the medals being authorized by Congress but each medal has an authorizing authority. A quick search doesn't state who it is but since this has similar requirements to the Overseas Service ribbon I would speculate (and speculate only without the written policy) that it would only be a Page 13 entry, meaning a simply CO authority. I have done quite a few as awards PO in the Navy Reserves.
Now since I know that Hilliary Clinton issued the medals to the veterans of New York I would say the easiest route if you wish it to be official would be to contact your state Rep and be prepared for a Dog and Pony show for their benefit as well as yours. This would get you an certificate issued that if you were truly worried can be sent to VA records and than be added to you microfiche. Now if you can have a new DD214 issued is up in the air. I would guess yes using the same policy for a replacement DD214.
Now I will say this that because of some very high profile cases of medal fraud some companies who do mounting are requiring proof of issue to sell medals but it isn't to wide spread.
By the way, first, thank you for your service and bringing this up as that the Overseas Service ribbon is now no longer valid for my fellow reservists.
Jim
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10th August 10, 03:20 PM
#15
I was just in a similar situation myself. I served in Iraq but left the Army before the Iraqi Campaign medal was authorized. Also there was no GWOT medals or the KDS medal at that time either. So my DD214 just stated Armed Forces Expeditionary Medal instead. I have since contacted the Army and they amended my DD214 to award me the GWOT service medal but did not award me the Iraqi Campaign medal unless I was able to have a letter signed by my old CO stating the time and place I served. Suffice to say I just wear the AFEM instead. I am sort of with MoR on this. Take the time to have your DD214 amended it just feels like the correct thing to do. For example while I was still serving, a friend received a promotion to E-4. It was one of those automatic promotions because of time in service and grade and all that. Anyway the rank shows up on his pay and he decides to go ahead and pin his rank on himself. Bad Bad day for that dude, trust me. I think they reduced him back to E-3 for a bit to teach him a lesson. Dont pin yourself until you have orders in hand. For vets that would be an amended DD214.
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10th August 10, 03:29 PM
#16
Originally Posted by Woot22
did not award me the Iraqi Campaign medal unless I was able to have a letter signed by my old CO stating the time and place I served.
Do you still have the documentation for the Armed Forces Expeditionary Medal? If so it will have it it should have an issuing authority signature stating where and when you served. See if they will except that?
Jim
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10th August 10, 03:37 PM
#17
Originally Posted by Drac
Do you still have the documentation for the Armed Forces Expeditionary Medal? If so it will have it it should have an issuing authority signature stating where and when you served. See if they will except that?
Jim
It is on my DD214 only with a statement SWA with the dates I was there. I never did get a signed copy of orders for it. But when you leave the service you get an out processing brief. The gentleman who out-processed me told me he put the AFEM on there because he knew we had just come home from Iraq. He also stated that the ICM was in the works but had not been approved yet so he could not put it on my DD214. I do have my deployment orders and sent those with my request but the problem is we originally deployed in 2002 to Kuwait to prepare for the invasion. Anyway because my orders say Kuwait the DA told me there was no way for them to confirm the exact dates I was actually in Iraq but they would award me it if I could get in contact with my old CO. Likely chance of that happening so I will just be happy with my AFEM.
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10th August 10, 04:05 PM
#18
OK. I think we need to clear a few things up
1. issuing authority is congress
2. Hillary may have given medals to some troops but she did not issue them
3. the VA has nothing to do with medals -they can not issue or replace them
4. Your discharge papers show what happened while you were in the service.
If Congress says you are entitled to wear a ribbon, no CO can stop you form wearing it.
Here is the question, can you wear a medal or ribbon which you have earned but which is not on your discharge papers. the answer YES - as long as you have indeed meet the requirements for the award.
As and example if you look at marine unit awards online they give a time frame and award and say anybody with the unit during this time frame
the NAVMC states
(1) All personnel permanently assigned or attached to thecited unit who were actually present and participated in the action or actions for which the unit was cited are authorized to wear the ribbon.
There is not further stipulation that they must be handed the award or that it has to be written on the dd-214 or other discharge papers
The other question is are you authorized?
Public Law 107-314 legislated the creation of a new medal to recognize military service in the Republic of Korea and the surrounding waters.
Members of the armed forces authorized the KDSM must have served in support of the defense of the Republic of Korea. The area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas.
The KDSM period of eligibility is July 28, 1954, to a future date to be determined by the secretary of defense.
If you meet the qualification set by congress you are authorized.. No further authorization is required.. getting it added to your discharge papers may be good but it is not neccassary
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10th August 10, 05:00 PM
#19
Originally Posted by Kilted-Marine
OK. I think we need to clear a few things up
1. issuing authority is congress
2. Hillary may have given medals to some troops but she did not issue them
3. the VA has nothing to do with medals -they can not issue or replace them
4. Your discharge papers show what happened while you were in the service.
If Congress says you are entitled to wear a ribbon, no CO can stop you form wearing it.
Here is the question, can you wear a medal or ribbon which you have earned but which is not on your discharge papers. the answer YES - as long as you have indeed meet the requirements for the award.
As and example if you look at marine unit awards online they give a time frame and award and say anybody with the unit during this time frame
the NAVMC states
(1) All personnel permanently assigned or attached to thecited unit who were actually present and participated in the action or actions for which the unit was cited are authorized to wear the ribbon.
There is not further stipulation that they must be handed the award or that it has to be written on the dd-214 or other discharge papers
The other question is are you authorized?
Public Law 107-314 legislated the creation of a new medal to recognize military service in the Republic of Korea and the surrounding waters.
Members of the armed forces authorized the KDSM must have served in support of the defense of the Republic of Korea. The area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas.
The KDSM period of eligibility is July 28, 1954, to a future date to be determined by the secretary of defense.
If you meet the qualification set by congress you are authorized.. No further authorization is required.. getting it added to your discharge papers may be good but it is not neccassary
Sorry, I wasn't trying to pick fights, I was using different terms to what you are using -
Authorizing authority is normally the minimum require for the service record entry. If this is like the Overseas Service that is normally a Page 13 by the CO.
I think, though not completely sure, that a senator is sufficient as authorizing authority for the signing of the certificates issued with the medals and could be added to the records as an official issuing certificate. My commands have always required these to do a service record entry.
My mistake on the VA, though I was only talking about updating records, http://www.archives.gov/veterans/ would be appropriate.
While I agree with you in that if you know you are authorized the medal there shouldn't be any reason for not wearing it. The thread had gotten a bit off on how to get them added to your official record.
Jim
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10th August 10, 05:06 PM
#20
I'm sorry, but I have to disagree
Kilted Marine...you are 100% correct that you qualify and are entitled to the campaign medal in accordance with the regulation.
On your point about Congress or the President authorizing the medal, you are partly correct...Congress authorizes it, but DoD sets forth the policy for issuing and wear of the medal...you can disagree with me but you will be wrong on that one!
I, therefore, have to politely disagree with your viewpoint that you need no verification to wear a medal that is not on your records. You should take the time to go through the process to have your DD214 amended...that is the gold standard. I'll admit that campaign medals are much more forgiving than other decorations as they are not issued on a certificate or assigned individual order numbers...but while you are on active duty, you must provide verification to your personnel system (usually assignment orders) that you were, in fact, at the appropriate location at the appropriate time to qualify for the decoration...at which point the medal gets added to your official records and you are authorized to wear it.
Let me give a similar example...I've been to combat 4 times now. On my third deployment I was in a firefight with the enemy. I observed bullets hitting the ground 25 feet or less from me. I returned fire on the enemy positions, called in contact reports to my higher HQ, requested reinforcements and directed close air support over the radio. The requirements for the Army's Combat Action Badge require that a Soldier be present during an enemy engagement and conduct him or herself in a professional or honorable manner (paraphrasing...but the gist is you were there and you didn't cower behind a rock or run for the hills). I met those requirements...that doesn't mean I can just pin the badge on my uniform...I had to submit a request for the award with sworn statements from others that were there and it had to be signed off on by an O5, O6, and then a 3 star general...and I ended up having to submit it 3 times before the darned thing was finally approved. None of these difficulties ever impacted the fact that I was qualified to wear the award...but just because I was qualified didn't mean that I was entitled.
I think you should do the proper thing and have it added to your records before you add it to your rack. But I'm just a Major, what do I know?
"If there must be trouble, let it be in my day, that my child may have peace." -- Thomas Paine
Scottish-American Military Society Post 1921
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