IN THE CASE OF: 

		BOARD DATE: 28 March 2023

		DOCKET NUMBER: AR20220009609


APPLICANT REQUESTS: an update to his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) to show the Valorous Unit Award and Legion of 
Merit.

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record), 11 July 2022
*	Department of the Army General Orders (DAGO) Number 12, 13 May 1994
*	DAGO Number 1, 31 March 1996
*	Congressional request form, 12 July 2022
*	Email (subject: New Inquiry -), 14 July 2022
*	National Personnel Records Center (NPRC) request receipt, 14 July 2022
*	NPRC letter, 18 July 2022

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 is rightfully entitled the Valorous Unit Award and the Legion 
of Merit [sic]. He recently noticed the clerical error while preparing documents for a 
disability claim. 

3.  The applicant enlisted in the Regular Army on 14 January 1988. His DA Form 2-1 
(Personnel Qualification Record) shows he held the military occupational specialty 13R, 
Firefinder Radar Operator.

4.  The applicant's DA Form 2-1 contains the following information:

	a.  Item 35 (Current and Previous Assignments) shows he was assigned to the 
following units/locations:

*	B Battery, 25th Field Artillery, Germany (14 June 1988 to 14 December 1990)
*	B Battery, 25th Field Artillery, Southwest Asia (15 December 1990 to 5 May 
1991)
*	B Battery, 25th Field Artillery, Germany (6 May 1991 to 2 November 1991)p

	b.  Item 41 (Awards and Decorations) does not list the Valorous Unit Award and 
Legion of Merit.

5.  The applicant was honorably released from active duty on 4 November 1991. He 
completed 3 year, 9 months, and 4 days of active service. Item 13 (Decorations, 
Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD 
Form 214 lists the following awards:

*	Army Service Ribbon
*	National Defense Service Medal
*	Southwest Asia Service Medal with 2 bronze service stars
*	Army Achievement Medal (2nd Award)
*	Army Commendation Medal
*	Army Good Conduct Medal
*	Driver and Mechanic Badge with driver bar 
*	Expert Marksmanship Qualification Badge (M-16)
*	Sharpshooter Marksmanship Qualification Badge (Grenade)

6.  He provides:

	a.  3 pages from DA General Orders (DAGO) Number 12 dated 13 May 1994. On 
page 2, he penned an arrow showing Headquarters and Headquarters Company, 
Aviation Brigade, 1st Armored Division was awarded the Valorous Unit Award for the 
period of 23 February 1991 to 28 February 1991. 

	b.  4 pages from DAGO 1 dated 31 March 1996.

		(1)  On page 1 he penned "p.16" with an arrow pointing to paragraph 1- Legion of 
Merit.

		(2)  On page 3, he penned "LOM Award" with an arrow pointing to Battery B, 
25th Field Artillery (18 December 90 - 1 May 1991).

7.  It is reasonable to assume the applicant overlooked and incorrectly interpreted the 
awards and the eligible units on the documents he provided for DAGO 1. It is 
reasonable to assume the applicant was under the assumption that Battery B, 25th 
Field Artillery was authorized the Legion of Merit. However, according to DAGO 1 dated 
31 March 1996, Battery B, 25th Field Artillery was awarded the Meritorious Unit 
Commendation for the period of 18 December 1990 to 1 May 1991, as a subordinate 
unit of Headquarters and Headquarters Battery, 1st Armored Division Artillery. 

	c.  A congressional request form and email from the office of United States 
Congresswoman requesting the Valorous Unit Award and Legion of Merit [sic] be added 
to his DD Form 214.

	d.  A copy of his service request from NPRC dated 14 July 2022.

8.  Regulatory guidance states:

   a.   The Valorous Unit Award may be awarded to units of the Armed Forces of the 
United States and cobelligerent nations for extraordinary heroism in action against an 
armed enemy of the United States while engaged in military operations involving conflict 
with an opposing foreign force or while serving with friendly foreign forces engaged in 
an armed conflict against an opposing armed force in which the United States is not a 
belligerent party for actions occurring on or after 3 August 1963.

   b.  The Legion of Merit is awarded to any Servicemember of the Armed Forces of 
the United States or a friendly foreign nation who has distinguished himself or herself by 
exceptionally meritorious conduct in the performance of outstanding services and 
achievements.

	c.  The Meritorious Unit Commendation is awarded to units for exceptionally 
meritorious conduct in the performance of outstanding services for at least 6 continuous 
months during the period of military operations against an armed enemy occurring on or 
after 1 January 1944.

BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was not warranted. The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered. The 
evidence of record shows the applicant serve don active duty from January 1988 to 
November 1991. He provides a copy of DA General Orders Number 12, issued by 
HQDA on 13 May 1994 and DA General Orders Number 1, issue by HQDA on 31 
March 1996. DA General Order Number 12 consists of 18 sections, broken down by 
Roman Numerals. Each section pertains to a particular individual or unit award. Section 
I pertains to award of the Legion of Merit, which is awarded to selected individuals. The 
applicant’s name is not one of them. Section VIII awards the Valorous Unit Award. The 
applicant had served with 25th Field Artillery in SWA. His unit is not listed as a recipient 
of the Valorous Unit Award. DA General Order Number 1 consists of 16 sections, 
broken down by Roman Numerals. Each section pertains to a particular individual or 
unit award. Section VIII pertains to award of the Meritorious Unit Commendation. The 
applicant had served with 25th Field Artillery in SWA. His unit is not listed as a recipient 
of the Meritorious Unit Commendation. 

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:

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.


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 600-8-22 prescribes Army policy, criteria, and administrative 
instructions concerning individual and unit military awards.

	a.  Paragraph 7-13 states a. The Valorous Unit Award may be awarded to units of 
the Armed Forces of the United States and cobelligerent nations for extraordinary 
heroism in action against an armed enemy of the United States while engaged in 
military operations involving conflict with an opposing foreign force or while serving with 
friendly foreign forces engaged in an armed conflict against an opposing armed force in 
which the United States is not a belligerent party for actions occurring on or after 3 
August 1963.

	b.  paragraph 3-13 states the Legion of Merit is awarded to any Servicemember of 
the Armed Forces of the United States or a friendly foreign nation who has distinguished 
himself or herself by exceptionally meritorious conduct in the performance of 
outstanding services and achievements. Criteria for members of the Armed Forces of 
the United States are as follows: 

		(1) The performance must have been such as to merit recognition of key 
individuals for service rendered in a clearly exceptional manner. Performance of duties 
normal to the grade, branch, specialty, assignment, or experience of an indi-vidual is not 
an adequate basis for this award.

		(2) For service not related to actual war, the term "key individuals" applies to a 
narrower range of positions than in time of war, which requires evidence of significant 
achievement. In peacetime, service should be in the nature of a special requirement or 
of an extremely difficult duty performed in an unprecedented and clearly exceptional 
manner. However, justification of the award may accrue by virtue of exceptionally 
meritorious service in a succession of important positions.

	c.  Paragraph 7-14 states The Meritorious Unit Commendation (Army) (previously 
called the Meritorious Service Unit Plaque) is awarded to units for exceptionally 
meritorious conduct in the performance of outstanding services for at least 6 continuous 
months during the period of military operations against an armed enemy occurring on or 
after 1 January 1944. Service in a combat zone is not required, but must be directly 
related to the combat effort. Units based in CONUS are excluded from this award, as 
are other units outside the area of operation. The unit must display such outstanding 
devotion and superior performance of exceptionally difficult tasks as to set it apart and 
above other units with similar missions. The degree of achievement required is the 
same as that which would warrant award of the Legion of Merit to an individual. 
Recommendations for units larger than a brigade will not be submitted. For services 
performed during World War II, awards will be made only to service units and only for 
services performed between 1 January 1944 and 15 September 1946.

3.  Army Regulation 15-185 (ABCMR) 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, which is that what the Army did was correct. The ABCMR is 
not an investigative body and decides cases based on the evidence that is presented in 
the military records provided and the independent evidence submitted with the 
application. The applicant has the burden of proving an error or injustice by a 
preponderance of the evidence.  

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220009609


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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