IN THE CASE OF: BOARD DATE: 4 August 2020 DOCKET NUMBER: AR20190013484 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show a Certificate of Achievement. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for The Review of Discharge from the Armed Forces of the United States), dated 23 October 2019 * 86th Maintenance Battalion (General Support), Unit Emblem, Cha Rang, Vietnam * DA Form 2442 (Certificate of Achievement), dated 28 April 1969 * DD Form 214 for the period ending 11 June 1970 * Congressional Privacy Authorization Form, dated 7 October 2019 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States 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 received a meritorious award after he returned home from Vietnam. He was at his next duty station when his mother placed it in his personal belongings and he found it after his mother died in 2004. 3. The applicant's records contain sufficient evidence to support additional awards not shown on his DD Form 214. His DD Form 214 will be administratively corrected without Board action to show award of: * four bronze service stars to his previously-issued Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation 4. The Board will consider his request for correction of his DD Form 214 to show award of his Certificate of Achievement. 5. On 17 July 1967, the applicant was inducted into the Army of the United States. 6. On 11 September 1967, he was honorably discharged from the Army of the United States in order to enlist in the Regular Army. His DD Form 214 for this period shows no awards or decorations. 7. On 12 September 1967, he enlisted in the Regular Army. 8. He served in Vietnam during the period 30 April 1968 to 29 April 1969 and he participated in four campaigns. While in Vietnam, he was assigned to the 55th Maintenance Company. 9. He provided a copy of his DA Form 2442 (Certificate of Achievement) from the 86th Maintenance Battalion (General Support), Qui Nhon, Republic of Vietnam, dated 28 April 1969, which was awarded to him for distinguishing himself by meritorious service in support of Free World Military Forces operations in the Republic of Vietnam. 10. His DA Form 20 (Enlisted Qualification Record) shows in item 41 (Awards and Decorations) – he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * two overseas service bars * Army Good Conduct Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 11. On 11 June 1970, he was honorably released from active duty. His DD Form 214 shows in item 24 (Decorations, Medals, Badges, Commendations, or Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * two overseas service bars * Army Good Conduct Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) BOARD DISCUSSION: After reviewing the application and all supporting documents, aside from the Administrative Corrections annotated in Administrative Notes (below the signature block) the Board found insufficient evidence to grant relief. Per regulation, the Army does not add certificates of achievement to discharge documents. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Aside from the administrative notes annotated by the Analyst of Record (below the signature), the Board determined 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. 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): A review of the applicant's records shows he was awarded or authorized the following awards not listed on his DD Form 214: * four bronze service stars to his previously-issued Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation REFERENCES: 1. Title 10, United States 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 635-5 (Personnel Separations – Separation Documents), in effect at the timed prescribed the separation documents that would be furnished each individual who is separated from the Army and established standardized procedures for the preparation and distribution of these documents. Instructions stated for item 24, to enter from section 9 of the DA Form 20, all decorations, service medals, campaign credits, and badges awarded or authorized, omitting authorities cited therein. There were no provisions for entering certificates on the DD Form 214. 3. Army Regulation 672-5-1 (Awards), in effect at the time, provided guidance for the awards program tangible evidence of public recognition for acts of valor and for exceptional service or achievement. Chapter 12 provided guidance for issuance of Certificate of Achievement. Commanding officers could recognize periods of faithful service, acts, or achievements which did not meet the standards required for decorations by issuing to individual United States military personnel a Certificate of Achievement, either devised locally or by use of DA Form 2442 (Certificate of Achievement). 4. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. Chapter 10 provides commanders may recognize periods of faithful service, acts, or achievements which do not meet the standards required for decorations by issuing to individual U.S. military personnel a DA Form 2442 or a certificate of achievement of local design. There is no distinguishing device authorized for wear to indicate the receipt of a DA Form 2442. b. One bronze service star is authorized with the Vietnam Service Medal for each campaign during which a member was assigned or attached to and present for duty with a unit during the period in which it participated in combat. 5. Department of the Army General Orders Number 8, dated 19 March 1974, confirmed award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190013484 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1