IN THE CASE OF: BOARD DATE: 27 September 2023 DOCKET NUMBER: AR20230002034 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 June 1981, to show the following: * Meritorious Service Medal * Drill Instructor Badge * his completion of U.S. Army Drill Instructor Course, 6 weeks, 1967 APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 22 November 2022 * Self-authored letter, 23 May 2023 * DD Form 214, period ending 25 April 1974 * DD Form 214, period ending 26 November 1979 * Permanent Orders Number 65-25, 19 June 1981 * DD Form 214, period ending 30 June 1981 * Congressional Correspondence, 31 July 2023 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's records contain sufficient evidence to support additional awards not shown on his DD Form 214 for the period ending 30 June 1981. His DD Form 214 will be administratively corrected without Board action to show awards of the: * Korea Defense Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation 3. The applicant states he submitted a DD Form 214, which shows, in part in item 27 (Remarks) - U.S. Army Drill Instructor Course, 6 weeks, 1967. His DD Form 214 for the period ending, 30 June 1981, is missing his U.S. Army Drill Instructor Course in item 14 (Military Education) and the Drill Instructor Course Badge in item 13 (Decorations). He was also awarded the Meritorious Service Medal on Permanent Orders Number 65-25, dated 19 June 1981. 4. The applicant’s complete military records are not available to the Board for review. An exhaustive search was conducted to locate his records, but they could not be found. However, there were sufficient documents remaining in a reconstructed records for the Board to conduct a fair and impartial review of the case. 5. The applicant provides the following: a. A DD Form 214 that shows he entered active duty on 29 June 1971 and was honorably discharged on 25 April 1974. The DD Form 214 shows that he has 11 years, 5 months and 2 days of prior active service, and service in Korea or Indochina from 27 February 1965 to 14 December 1966. b. A DD Form 214 that shows he entered active duty on 26 April 1974 and was honorably discharged on 26 November 1979. The DD Form 214 shows in item 27 (Remarks) military school courses - U.S. Army Training Center Drill Instructor Course, 6 weeks, 1967. c. Permanent Orders Number 65-25 dated 19 June 1981, that shows in part, so much of: Paragraph 1, Permanent Orders Number 56-3, this headquarters, dated 3 June 1981; Pertaining to: Award of Meritorious Service Medal to [applicant], U.S. Army Missile and Munitions Center and School, Redstone Arsenal, AL 30 June 1977 to 30 June 1981. * As reads: [Applicant] U.S. Army Missile and Munitions Center and School, Redstone Arsenal, AL 30 June 1977 to 30 June 1981 * How changed: [Applicant] U.S. Army Missile and Munitions Center and School, Redstone Arsenal, AL 30 June 1971 to 30 June 1981 d. A DD Form 214 that shows he entered active duty on [27 November 1979] and was honorably discharged on 30 June 1981. His DD Form 214 shows award of the National Defense Service Medal, Army Good Conduct Medal (5th Award), Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, Explosive Ordnance Disposal Badge, Senior Explosive Ordnance Disposal Badge, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Expert Marksmanship Qualification Badge Pistol Bar (.45). 6. The applicant does not provide a DD Form 214, for the period of service during his completion of U.S. Army Training Center Drill Instructor Course in 1967. 7. Except for the amendment order that amended his period of service for the award, his records are void, nor did the applicant provide permanent or general orders awarding him the Meritorious Service Medal. 8. By regulation (AR 600-8-22), award of the Meritorious Service Medal requires a formal recommendation, approval through the chain of command, and announcement in orders. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records the Board determined there is sufficient evidence to support correction of the applicant’s record. Evidence in the record show Permanent Orders Number 65-25 dated 19 June 1981, that shows in part, so much of: Paragraph 1, Permanent Orders Number 56-3, this headquarters, dated 3 June 1981; Pertaining to: Award of Meritorious Service Medal. In addition, the Board agreed there is sufficient evidence the applicant completed the U.S. Army Drill Instructor Course and was awarded the Drill Instructor Badge. Based on this, the Board granted relief. 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 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION ? BOARD DETERMINATION/RECOMMENDATION: In addition to the administrative notes annotated by the Analyst of Record (below the signature), the Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding in * Item 13 ((Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized)- o Meritorious Service Medal o Drill Instructor Badge * Item 14 (Military Education) - U.S. Army Drill Instructor Course, 6 weeks, 1967 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 show he was awarded or authorized the following awards not listed on his DD Form 214: * Korea Defense Service Medal * 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 600-8-22 (Military Awards) states: a. The Meritorious Service Medal is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service. After 16 January 1969 but prior to 11?September 2001, the Meritorious Service Medal was authorized to be awarded only for meritorious service or achievement while serving in a non-combat area. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The Korea Defense Service Medal is authorized for award to Servicemembers of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The area of eligibility and period of eligibility are as follows: * The area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all airspaces above the land and water areas * The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense * Servicemembers must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days. 3. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214 and states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. The DD Form 214 provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. For item 14, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. Include title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling. 4. Department of the Army General Orders Number 8, dated 1974, announced 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) AR20230002034 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1