RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 March 2007
DOCKET NUMBER: AR20060012993
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.
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, he be issued a new DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to include the award of the Legion of Merit in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).
2. The applicant states, in effect, the Legion of Merit was presented after his retirement.
3. The applicant provides an unsigned copy of a citation awarding him the Legion of Merit.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 13 February 1969, the date of orders awarding him the Legion of Merit. The application submitted in this case is dated 1 September 2006.
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 applicants failure to timely file.
3. The applicants records show he had enlisted service from 1 April 1947 to
5 July 1959. He served in Korea during the period from 15 April 1952 to 3 March 1953.
4. On 6 July 1959, the applicant was commissioned a warrant officer in the U.S. Army Reserve and ordered to active duty.
5. On 7 September 1966, the applicant was assigned to the 440th U.S. Army Band at Fort Bragg, North Carolina.
6. On 30 November 1968, the applicant was released from active duty and transferred to the Retired Reserve the following day.
7. Headquarters, United States Continental Army Command, Fort Monroe, Virginia General Orders Number 23, dated 13 February 1969, awarded the applicant the Legion of Merit for exceptionally meritorious conduct during the period from September 1966 to November 1968.
8. The applicant's records show that he is entitled to additional awards, which he did not request and are not listed on his DD Form 214.
9. Army Regulation 635-5 (Separation Documents), then in effect, stated, in pertinent part, that a DD Form 214 may be reissued only when:
a. directed by proper appellate authority, Executive Order, or by the Secretary of the Army;
b. it is determined that the corrections to be made will not fit with the correction block of a single DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty);
c. two DD Forms 215 have been issued and an additional correction is required; and
d. the character of service is to be changed.
10. The Government of the Republic of Korea issued the Korean War Service
Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world. The Department of Defense approved acceptance and wear of the Republic of
Korea - Korean War Service Medal. To qualify for award of the Republic of Korea - Korean War Service Medal, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days, or on temporary duty for 60 non-consecutive days, within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations.
DISCUSSION AND CONCLUSIONS:
1. The applicant is entitled to the Legion of Merit.
2. The applicants service in Korea entitles him to the Republic of Korea - Korean War Service Medal.
3. The corrections recommended will fit within the correction block of a
DD Form 215 and two DD Forms 215 have not been issued. Therefore, the regulation does not provide for the reissue of a DD Form 214 for the addition of awards to a previously issued DD Form 214.
4. Records show the applicant should have discovered the alleged error or injustice now under consideration on 13 February 1969, the date of orders awarding him the Legion of Merit; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 12 February 1972. The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____dkh__ ___lmd_ ___kan___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 showing award of the Legion of Merit and the Republic of Korea - Korean War Service Medal.
2. The Board further determined that 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 issuing a new DD Form 214.
_________Kathleen A. Newman___________
CHAIRPERSON
INDEX
CASE ID
AR20060012993
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070320
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
ISSUES 1.
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