IN THE CASE OF: BOARD DATE: 20 October 2022 DOCKET NUMBER: AR20220004510 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 10 April 1991 by adding: * Bronze Star Medal * Army Achievement Medal * Legion of Merit * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * An award for serving 6 months on active duty at APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 8 November 2021 * Self-authored statement, 10 August 2021 * National Personnel Records Center (NPRC) letter, 23 November 2021 * NPRC Service Request All Details, printed on 23 November 2021 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code (USC), section 1552(b) [10 USC 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. Sufficient evidence is contained in the applicant's records to administratively correct his DD Form 214 to show several awards without Board action. See the Administrative Note(s) section below. 3. The applicant states: a. His record should be corrected to annotate his award of the Bronze Star Medal, Army Achievement Medal, and Legion of Merit. Note that he did receive the Legion of Merit medal. b. He requests determination for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for serving with the 1st Infantry Division. In addition, he requests award eligibility determination for serving on active duty for six months at Natick Research and Development Center Labs during Officer Development School. 4. The applicant's service record shows: a. On 25 April 1964, the applicant entered active duty as a commissioned officer. b. The specific dates the applicant served in Vietnam are not available. c. DD Form 735 (Health Record – Abstract of Service), covering period 26 April 1964 to 29 August 1968, shows the applicant received care at a Battalion Aid Station while assigned to Headquarters and Headquarters Company, 2nd Battalion, 18th Infantry Regiment, 1st Infantry Division. d. General Orders Number 21 issued by the Department of the Army, dated 8 April 1969, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to 1st Infantry Division and its subordinate units during the period 12 July 1965 to 16 October 1968. e. DD Form 214, ending on 14 June 1969, shows the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Standby). (1) Block 12 (Last Duty Assignment and Major Command) – Headquarters, 1st Infantry Division. (2) Item 22a(1) (Net Service This Period) – 5 years, 1 month, and 20 days. (3) Item 22a(2) (Other Service) – 0 years, 3 months, and 0 days. (4) Item 22a(3) (Total) – 5 years, 4 months, and 20 days. (5) Item 22c (Foreign and/or Sea Service) – 0 years, 11 months, and 23 days. (6) Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal * two overseas service bars f. DD Form 214, ending on 10 April 1991, shows the applicant was honorably released from active duty. (1) Block 12 (Record of Service) – The information is partially illegible. (2) Block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – National Defense Service Medal with one bronze service star. g. On 7 August 1992, a DD Form 215 (Correction to DD Form 214) was issued correcting the applicant's DD Form 214, for the period ending 10 April 1991, to add the following: * Item 8a (Last Duty Assignment and Major Command) – Natick Research, Development and Engineering Center, U.S. Army Forces Command * Item 11 (Primary Specialty) – 51A (Research and Development Officer), 0 years and 5 months * Item 12a (Date Entered Active Duty This Period) – 10 November 1990 * Item 12c (Net Active Service This Period) – 0 years, 5 months, and 1 days * Item 12d (Total Prior Active Service) – 5 years, 1 month, and 20 days * Item 12e (Total Prior Inactive Service) – 21 years, 7 months, and 25 days * Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – Army Service Ribbon, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, two overseas service bars * Item 18 (Remarks) – Item 12d above does not account for active duty for training prior to date entered in Item 12a. Ordered to active duty in support of Operation Desert Shield/Storm in accordance with Title 10, USC, section 672(D)602 * Item 25 (Separation Authority) – Army Regulation (AR) 635-100 (Officer Personnel), Chapter 3, Section 11. h. DA Form 1577 (Authorization for Issuance of Awards), dated 7 August 1992, shows the applicant was authorized the following awards: * Vietnam Service Medal with two bronze service stars * Army Lapel Button i. Orders Number P-06-302883 issued by the U.S. Army Reserve Personnel Command, dated 5 June 2001, placed the applicant on the retired list, effective 22 August 2001. j. The available records are void of the applicant's DA Form 66 (Officer Qualification Record) which would show his foreign service, awards, and military training and education for his period of service. 5. The applicant provides: a. NPRC letter, dated 23 November 2021, notified the applicant that his DD Form 149 was forwarded to this office for action. b. NPRC Service Request All Details, printed on 23 November 2021, showing the applicant was in Vietnam in June 1969 and the Persian Gulf in April 1991. 6. A review of the Awards and Decorations Computers-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, revealed orders for award of the Bronze Star Medal pertaining to the applicant. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found partial relief is warranted. 2. The applicant’s records do not contain, and he has not provided, documentation showing he was awarded the Army Achievement Medal or the Legion of Merit. In the absence of documentation confirming he received these awards, the Board determined they should not be added to his DD Form 214. 3. Regarding an award for serving 6 months on active duty at Natick Research and Development Center Lab for Officer Development School, the Board found the applicant has not exhausted his administrative remedies. a. Section 1130, Title 10, United States Code (Title 10 USC 1130), allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration otherwise precluded from consideration by limitations established by law or policy. To request an award under Title 10 USC 1130, requires submission of a DA Form 638 (Recommendation for Award). The DA Form 638 should clearly identify unit, the period of assignment, and the recommended award. A narrative of the actions or period for which recognition is requested must accompany the DA Form 638. In addition, the award request should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events related to the request are the best persons to provide corroborating evidence. The recommendation must be made by an individual with direct knowledge of the service or achievement to be recognized. b. Title 10 USC 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress. Therefore, the request must be submitted through a Member of Congress who will send it to the United States Army Human Resources Command, ATTN: AHRC-PDP-A/ Dept. 480, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rests with the requestor. 4. The Board concurred with the corrections described in Administrative Note(s) below. 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 making the corrections described in Administrative Note(s) below. 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 any relief in excess of that described above. 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 is authorized decorations that were not recorded on his DD Forms 214. a. Correct his DD Form 214 for the period ending 14 June 1969 by adding the following awards: * Bronze Star Medal * Four bronze service stars with his Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation b. Correct his DD Form 214 for the period ending 10 April 1991 by adding the following awards: * Bronze Star Medal * Four bronze service stars with his Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation REFERENCES: 1. Title 10, USC, 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 600-8-22 (Military Awards) provides Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The Legion of Merit is awarded to individuals who distinguish themselves by exceptionally meritorious conduct in the performance of outstanding services and achievements. The performance must merit recognition of key individuals for service rendered in a clearly exceptional manner. Performance of duties normal to the grade, branch, specialty, or assignment and experience of an individual is not an adequate basis for this award. In peacetime, service should be in the nature of a special requirement or an extremely difficult duty performed in an unprecedented and clearly exceptional manner. However, justification may accrue by virtue of exceptionally meritorious service in a succession of important positions. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220004510 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1