ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 November 2019 DOCKET NUMBER: AR20170006396 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 22 June 1968 to show he was awarded the Medal of Merit (Army Forces Expeditionary Medal (AFEM). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Medal of Merit Certificate FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), 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 is requesting that the Medal of Merit from the Dominican Republic, which he was awarded while he was at Fort Benning, GA, be added to his DD Form 214 3. The applicant provides the Medal of Merit Certificate, which shows it was awarded on 6 September 1966 in recognition of his distinguished service as a member of the multinational force in the Dominican Republic. The certificate was signed by a General from the Dominican Republic. 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army (RA) on 12 June 1963. b. On 30 June 1965, he was honorably discharged for immediate reenlistment. His DD Form 214 shows that he completed 2 years and 15 days of active service. c. He reenlisted in the RA on 30 June 1965, and served in the Dominican Republic from 3 January 1966 to 18 September 1966, a period of 8 months. d. His DA Form 20 (Enlisted Qualification Record) does not list the award of the Medal of Merit; however, this document shows he was awarded the AFEM. e. On 22 June 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). His DD Form 214 shows: * item 22 (Net Service This Period) - he completed 2 years, 11 months, and 23 days of net service this period * item 22c (Foreign and/or Sea Service) – he completed 1 year, 9 months, and 7 days of foreign service * item 24 (Decorations, Medal , Badges, Commendations, Citations and * Campaign Ribbons Awarded or Authorized) – does not list the award of the Medal of Merit or the AFEM 5. Orders 137-31, issued by Headquarters, First United States Army, dated 3 August 1979 shows he was honorably discharged from the USAR, with an effective date of 3 August 1979. 6. The applicant record is void of any documentation showing he was given a memorandum, signed by the Commanding General (CG) authorizing the acceptance and wear of a foreign individual medal. BOARD DISCUSSION: 1. After review of the application and all evidence, the Board determined there is sufficient evidence to grant partial relief. The applicant’s contentions were carefully considered. Evidence of record shows that although he was awarded a Certificate for a Medal of Merit, a foreign award, there was no documentation to show he received a memorandum signed by the CG, pursuant to regulatory guidance, which authorized the acceptance and wear of a foreign award. Therefore, the Board determined the overall merits were insufficient as a basis for correction of the records to add the Medal of Merit award to his DD Form 214. 2. Pursuant to regulatory guidance, and the applicant’s service in Dominican Republic from 3 January 1966 to 18 September 1966, and the fact that the AFEM was listed on his DA Form 20, the Board noted that he was authorized and entitled to the award of the AFEM to be listed on his DD Form 214. 3. Prior to closing the case, the Board did note the analyst of records administrative notes below, and recommended the correction be completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 to item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, the award of the Armed Forces Expeditionary Medal for his service in the Dominican Republic from January to September 1966, a period of 8 months. 2. The Board further determined 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 adding the Medal of Merit award to his DD Form 214. 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): 1. Request for correction of the applicant’s military records - DD Form 214s: a. For the period ending 30 June 1965, by adding the following corrections: * item 11d (Effective Date) - delete 30 Jun 65 add 29 Jun 65 * item 24a (1) (Net Service This Period) - delete 2 0 15 add 2 0 18 * item 24a (3) (Total (Line (1) + Line (2)) - delete 2 0 15 add 2 0 18 * item 24b (Total Active Service) – delete 2 0 15 add 2 0 18 * item 24c (Foreign and/or Sea Service) - delete 1 7 24 add USAREUR 1 7 25 b. For the period ending 22 June 1968, by adding the following corrections: * item 22a (1) (Net Service This Period) – delete 2 11 23 add 2 11 24 * item 22a (2) (Other Service) – delete 2 0 15 add 2 0 18 * item 22a (3) (Total (Line (1) + Line (2)) – delete 5 0 8 add 5 0 10 * item 22b (Total Active Service) – delete 5 0 8 add 5 0 10 * item 22c (Foreign and/or Sea Service) – delete 1 9 7 add RVN 1 9 2 2. A review of the records listed below is sufficient to substantiate correction of the DD Form 214s without action by the Board. * DD Form 4 – 12 June 1963 * DD Form 214 – 30 June 1965 * DD Form 4 – 30 June 1969 * DA Form 214 – 22 June 1968 * DA Form 20 (Enlisted Qualification Record) * DA Form 2-1 (Personnel Qualification Record) 3. Please correct the applicant’s DD Form 214s by adding the following corrections shown in paragraph 1. Provide the applicant a copy of the corrections. Please ensure that the corrections are recorded in the applicant’s official military personnel record. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 672-5-1 (Decorations, Awards, and Honors Military Awards) in effect at the time, states the primary purpose of the awards program is to provide tangible evidence of public recognition for acts of valor and for exception service or achievement. Medals constitute one of the principal forms for such evidence in the United States Army. a. Paragraph 42 prescribes the determination of eligibility for initial determination. Local commanders will determine eligibility of members of their command for awards from personnel records and other records available to them. When insufficient documentation exists concerning awards to an individual, the commander may request needed information from HQDA (DAPC-PAP-B). All letters received by HQDA (DAPC-PAP-B) directly from individuals in active military service requesting information as to their eligibility for awards will be indorsed back to the appropriate commander without action. The Medal of Merit has not been awarded since 1952; therefore, no requirements exist for this item except for replacements. b. Paragraph 140 (Constitutional Restriction), no person holding any office of profit or trust under the United States shall, without the consent of the Congress, accept any present, emolument, office, or title of any kind whatsoever from any king, prince, or foreign state. This included decorations, awards, and gifts tendered by any official of a foreign government. c. Paragraph 143e(1) (Decorations), decorations received which have been tendered in recognition of active field service in connection with combat operations or which have been awarded for outstanding or unusually meritorious performance may be accepted and worn upon receiving approval of Department of the Army and the concurrence of the Chief of Protocol of the Department of States. In the absence of such approval and concurrence, the decoration shall become the property of the United States and shall be deposited with Department of the Army for use or disposal. c. Paragraph 145 (Acceptance of foreign awards), an award by a friendly foreign nation may be accepted without the requirement for securing approval of the Department of the Army as: (1) by the next of kin if the award is conferred posthumously upon a former member of the U.S. Armed Forces or (2) by the next of kin if the recipient dies before approval of acceptance can be obtained. Subparagraph c (Other Service), when a person has been tendered and receives a foreign decoration he will immediately submit to The Adjutant General through command channels a request for authorization to accept the decoration. The request will include the title of the decoration, when, where, and by whom presented, a brief description of assigned duties, a statement of the service for which the decoration was awarded together with a copy of the translation of the citation accompanying the award. 3. Army Regulation 672-5-1, states in Chapter 4, paragraph 4-29, states for the Armed Forces Expeditionary Medal, established by Executive Order 10977, dated 4 December 1961 (Department of the Army Bulletin 1, 1962). This medal is authorized for U.S. Military operations, U.S. Operations in direct support of the United Nations, and U.S. Operations of assistance for friendly foreign nations. Requirements were awarded for service after 1 July 1958, meeting the qualifications set forth below. a. Personnel must be a bona fide member of a unit and engaged in the operation, or meet one or more of the following criteria: * have served not less than 30 consecutive days in the area of operations. * be engaged in direct support of the operation for 30 consecutive days or 60 nonconsecutive days, provided this support involves entering the area of operations * serve for the full period where an operation is less than 30 days' duration * be engaged in actual combat, or duty which is equally as hazardous as combat duty, during the operation with armed opposition, regardless of time in the area * participate as a regularly assigned crewmember of an aircraft flying into, out of within, or over the area in support of the military operation * be recommended, or attached to a unit recommended, by the chief of a service or the commander of unified or specified command for award of the medal, although the criteria above have not been fulfilled. Such recommendations may be made to the Joint Chiefs of Staff for duty of such value to the operation as to warrant particular recognition b. Designated areas and dates. Dominican Republic from 28 April 1965 to 21 September 1966. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170006396 3 1