ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 June 2021 DOCKET NUMBER: AR20210007445 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 June 1991 to show award of three Meritorious Service Medals. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Headquarters, 123d U.S. Army Reserve Command, Permanent Orders 4- X, 2 March 198X * DA Form 638 (Recommendation for Award (For Other Than Valor) of Army Achievement Medal, Army Commendation Medal, and Meritorious Service Medal), 17 May 1991 * Office of the Chief, Army Reserve, Permanent Orders 2XX-02, XX November 19XX * Meritorious Service Medal Certificates, 1 March 1988, 17 June 1991, and 30 November 1995 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he has not been on active duty for 27 years and he retired 20 years ago. In April 2001, he received his third Meritorious Service Medal following his retirement in 1994. His last personnel records audit was before his expiration term of service following Operation Desert Storm. Copies of his orders and citations are attached to his application. The U.S. Army Reserve Personnel Center, formerly located in St. Louis, MO, had a history of frequent errors and omissions throughout his 27 years of military service. 3. His service records show he was ordered to active duty from the U.S. Army Reserve on 14 February 1964. 4. His DA Form 66 (Officer Qualification Record) shows in: * item 17 (Foreign Service) – 10 August 1965 through 6 February 1966, U.S. Army Pacific – Vietnam * item 18 (Record of Assignments) – * Headquarters and Headquarters Battery, 2nd Battalion, 20th Artillery Regiment, 1st Cavalry Division (Air Mobile), en route to U.S. Army Pacific – Vietnam effective 10 August 1965 * Headquarters and Headquarters Battery, 2nd Battalion, 20th Artillery Regiment, 1st Cavalry Division (Air Mobile), U.S. Army Pacific – Vietnam, effective 15 September 1965 * en route to the continental United States effective 3 February 1966 * item 21 (Awards and Decorations) – Vietnam Service Medal 5. During his service in Vietnam from 15 September 1965 through 2 February 1966, he received participation credit for the following campaigns: * Vietnam Defense Campaign – 8 March 1965 through 24 December 1965 * Vietnam Counteroffensive – 25 December 1965 through 30 June 1966 6. He was relieved from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) on 15 February 1966. His DD Form 214 for this period shows in: * item 24c (Foreign and/or Sea Service) – 5 months and 27 days * item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – Vietnam Service Medal 7. Headquarters, Department of the Army, General Orders Number 30, 21 September 1967, awarded the Presidential Unit Citation to the 2nd Battalion, 20th Artillery (Aerial Artillery), 1st Cavalry Division (Air Mobile), for outstanding performance of duty and extraordinary heroism in action against an armed enemy in the Republic of Vietnam during the period 23 October 1965 to 26 November 1965. 8. Headquarters, Department of the Army, General Orders Number 8, 19 March 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. 9. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record – Part II) covering the period 22 January 1964 through 1 July 1986 shows he was awarded or authorized the: * Vietnam Service Medal * National Defense Service Medal * Army Commendation Medal (2nd Award) * Army Service Ribbon * Army Reserve Components Achievement Medal (4th Award) * Armed Forces Reserve Medal (2nd Award) 10. Headquarters, 123rd U.S. Army Reserve Command, Permanent Orders 4-X, 2 March 1988, awarded him the Meritorious Service Medal for meritorious service during the period 1 April 1981 to 29 February 1988. 11. His service records show he was ordered to active duty in support of Operations Desert Shield/Desert Storm effective 26 January 1991. 12. He was released from active duty on 1 June 1991. His DD Form 214 for this period shows in: * item 12c (Net Active Service This Period) – 4 months and 6 days * item 12f (Foreign Service) – no entry * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – National Defense Service Medal 13. His DA Form 638-1, 17 June 1991, and accompanying Meritorious Service Medal Certificate, 17 June 1991, show he was awarded the Meritorious Service Medal with 1st Oak Leaf Cluster for exceptionally meritorious service as Acting Director, Research and Analysis Branch, Foreign Science and Technology Center, during the period 14 January 1991 through 31 May 1991. 14. His DD Form 215 (Correction to DD Form 214), 11 June 1992, shows his DD Form 214 for the period ending 1 June 1991 was corrected by adding the following awards to item 13: * National Defense Service Medal (2nd Award) * Army Service Ribbon * Army Reserve Components Achievement Medal with 4th Oak Leaf Cluster * Armed Forces Reserve Medal (2nd Award) * Army Commendation Medal with 1st Oak Leaf Cluster * Vietnam Service Medal 15. His service records contain no evidence of additional periods of active duty to warrant issuance of a DD Form 214. 16. Office of the Chief, Army Reserve, Permanent Orders 2XX-02, 3X November 1995, awarded him the Meritorious Service Medal with 2nd Oak Leaf Cluster for outstanding meritorious service during the period 1 June 1991 through 6 May 1994. 17. His DA Form 5016 (Chronological Statement of Retirement Points), 17 May 2021, shows no periods of active duty service after his release from active duty on 1 June 1991 through his retirement on 7 May 1994 to warrant issuance of a DD Form 214. 18. By regulation, the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and regulatory guidance. The Board considered the applicant statement, his record of service and documents provided by the applicant. Evidence in the records show the last period of active duty service as 1 June 1991. The Board determined, the applicant’s record is absent of evidence to support the award of his third Meritorious Service Medal prior to 1 June 1991. As a result, there is no basis for granting the applicant's request. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Except for the correction addressed in Administrative Note(s) below, the Board found 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. 6/21/2021 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. ADMINISTRATIVE NOTE(S): The applicant was awarded or authorized the following contemporaneous awards that are not shown on his DD Form 214 for the period ending 1 June 1991: * Meritorious Service Medal (2nd Award) * two bronze service stars with his already-awarded Vietnam Service Medal * Presidential Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation REFERENCES: 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 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. 2. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. Army Regulation 635-5 (Separations Documents), 15 August 1979, prescribed the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear- cut record of active Army service at the time of release from active duty, retirement, or discharge. Interim change 01, 2 October 1989, revised the specific instructions for each item of the DD Form 214 and stated for item 13, entries will be for all periods of service. Check Soldiers' service records for validity of awards. //NOTHING FOLLOWS//