IN THE CASE OF:	  

		BOARD DATE:	    20 January 2011

		DOCKET NUMBER:  AR20100015160 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 June 1988 to show award of the Legion of Merit and the Korea Defense Service Medal.

2.  The applicant states, in effect, that the above awards were omitted from his DD Form 214.

3.  The applicant provides copies of his DD Form 214; Office of the Secretary of the Army Permanent Orders 85-6, dated 20 June 1988; and his DD Form 67-5 (U.S. Army Officer Efficiency Report) for the period 4 May 1967 to 2 July 1967.

CONSIDERATION OF EVIDENCE:

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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was appointed as a second lieutenant in the Regular Army, Field Artillery, and entered active duty on 6 June 1966.

3.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in Republic of Korea from 20 January 1967 through 19 February 1968.  Section IX (Assignment History) of his Officer Record Brief shows he was assigned to 7th Battalion, 17th Field Artillery, 2nd Infantry Division, during his service in Republic of Korea.

4.  Office of the Secretary of the Army Permanent Orders 85-6, dated 20 June 1988, show he was awarded the Legion of Merit for meritorious conduct in the performance of outstanding services and achievements.

5.  He retired on 30 June 1988.

6.  His DD Form 214 for the period ending 30 June 1988 does not show award of the Legion of Merit or the Korea Defense Service Medal.

7.  Army Regulation 600-8-22 (Personnel Separations) states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant was awarded the Legion of Merit.  He met the eligibility criteria for award of the Korea Defense Service Medal.  Therefore, these awards should be added to his DD Form 214 for the period ending 30 June 1988.

BOARD VOTE:

__X____  ___X____  __X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

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 amending his DD Form 214 for the period ending 30 June 1988 to add the Legion of Merit and Korea Defense Service Medal.



      _______ _ X______   ___
               CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20100015160



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ABCMR Record of Proceedings (cont)                                         AR20100015160



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