RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 7 April 2005
DOCKET NUMBER: AR20040003521
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Mr. Joseph A. Adriance | |Analyst |
The following members, a quorum, were present:
| |Mr. James E. Anderholm | |Chairperson |
| |Mr. Eric N. Anderson | |Member |
| |Ms. Linda M. Barker | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that the Legion of Merit (LOM) he
was awarded on 23 August 1993 be added to his separation document (DD Form
214).
2. The applicant states, in effect, that the LOM he was awarded in
conjunction with his retirement was never added to the list of awards
contained in Item 13 (Decorations, Medals, Badges, Citations and Campaign
Ribbons Awarded or Authorized) of his DD Form 214.
3. The applicant provides a copy of orders awarding him the LOM in support
of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of alleged error or injustice
that occurred on 31 August 1993. The application submitted in this case is
dated
22 June 2004.
2. 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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so. In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant’s record shows that on 31 August 1993, he was honorably
separated for the purpose of retirement. The DD Form 214 issued to him at
this time shows he completed a total 23 years, 4 months and 19 days of
active military service, and that he held the rank of lieutenant colonel.
4. Item 13 of the applicant’s DD Form 214 shows he earned the following
awards during his tenure on active duty: Army Service Ribbon, National
Defense Service Medal with bronze service star, Overseas Service Ribbon
(2), Bronze Star Medal, Master Parachutist Badge, Army Commendation Medal
3rd Oak Leaf Cluster, Army Achievement Medal 4th Oak Leaf Cluster,
Humanitarian Service Medal (2), Southwest Asia Service Medal with 3 bronze
service stars, Kuwait Liberation Medal-Saudi Arabia, Meritorious Service
Medal 2nd Oak Leaf Cluster, Vietnam Cross of Gallantry with Palm Unit
Citation, Vietnam Campaign Medal, Vietnam Service Medal with 3 bronze
service stars and Meritorious Unit Citation.
5. The applicant provides a copy of Headquarters, XVIII Airborne Corps and
Fort Bragg Permanent Orders Number 115-7, dated 23 August 1993. These
orders awarded the applicant the LOM, for meritorious service during the
period
1 September 1969 through 31 August 1993.
6. The Government of Kuwait offered the Kuwait Liberation Medal to members
of the Armed Forces of the United States and the medal was accepted by
Secretary of Defense on 16 March 1995. It was awarded to members who
served in support of Operation Desert Shield or Desert Storm between 2
August 1990 and 31 August 1993.
DISCUSSION AND CONCLUSIONS:
The evidence of record includes a copy of orders awarding the applicant the
LOM on 23 August 1993. Further, based on his Southwest Asia service during
Operation Desert Shield/Storm, he is also entitled to the Kuwait Liberation
Medal-Kuwait. Thus, it would also be appropriate to add these awards to
his record and separation document at this time.
BOARD VOTE:
___ENA _ ___JEA _ __LMB__ GRANT RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file. As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by adding the Legion of Merit to the list
of awards contained in Item 13 of his 31 August 1993 DD Form 214; and by
providing him a corrected separation document that includes this award.
___James E. Anderholm__
CHAIRPERSON
INDEX
|CASE ID |AR20040003521 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2005/04/07 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |1993/08/31 |
|DISCHARGE AUTHORITY |AR 635-100 |
|DISCHARGE REASON |Retirement |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. 46 |107.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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