RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 April 2008
	DOCKET NUMBER:  AR20070018345 


	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.


 

Director

 

Analyst
      The following members, a quorum, were present:


 

Chairperson

 

Member

 

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 that his award of the Legion of Merit be added to his DD Form 214 (Report of Separation from Active Duty).

2.  The applicant states, in effect, that the DD Form 214 is a very important document that he wishes to ensure is complete and correct at the time of his demise. 

3.  The applicant provides copies of his DD Form 214, Headquarters United States Army Forces Command Permanent Orders 87-1, The Legion of Merit Certificate, a photocopy of the Legion of Merit Medal, a copy of his retirement orders, and page 1 of his DA Form 2-1 (Personnel Qualification Record). 

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 is a career Soldier who retired as a command sergeant major (E-9) with over 27 years of service on 30 June 1978.

3.  Headquarters, United States Army Forces Command Permanent Orders 87-1, dated 16 June 1978, awarded the applicant the Legion of Merit. 

4.  The applicant’s award certificate for the Legion of Merit indicates the award was presented on 21 June 1978.






5.  His DA Form 2-1 shows the following:

	a.  his authorized awards include the Bronze Star Medal, the Army Commendation Medal, the Meritorious Service Medal, the Good Conduct Medal (8th award), the National Defense Service Medal with 1 Oak Leaf Cluster, the Vietnam Service Medal, Republic of Vietnam Campaign Medal with “1960” Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Meritorious Unit Commendation with 1 Oak Leaf Cluster, the Safe Driver Badge with 2 and 3 year bars; 

	b.  he served during four Vietnam campaign periods; and

	c.  his foreign service includes service in Vietnam from 30 July 1968 through 1 August 1969 and service in Korea from 21 October 1976 through 
20 October 1977. 

6.  His DD Form 214 lists his awards as the Bronze Star Medal, the Army Commendation Medal, the Meritorious Service Medal, the Good Conduct Medal (8th award), the National Defense Service Medal with 1 Oak Leaf Cluster, the Vietnam Service Medal, Republic of Vietnam Campaign Medal with “1960” Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Meritorious Unit Commendation with 1 Oak Leaf Cluster, and the 3 Year Safe Driver Badge.

7.  Army Regulation 600-8-22 (Military Awards) authorizes a bronze service star, based on qualifying service, for each designated campaign period listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he served during the following four campaign periods:  the Counteroffensive Phase V, 1 July 1968 – 1 November 1968; the Counteroffensive Phase VI, 2 November 1968 - 22 February 1969; the Tet 69 Counteroffensive, 23 February 1969 – 8 June 1969; and the Vietnam Summer-Fall 1969, 9 June 1969 - 31 October 1969.

8.  Army Regulation 600-8-22, as in effect at the time, authorized award of the Safe Driver Badge for each 12 month period without disqualifying incident.  The number of years without incident was suspended from the badge.  

9.  Army Human Resources Command Message (Date Time Group 9 February 2004) published implementing instructions for award of the Korea Defense Service Medal.  This message specified the criteria for the award of the Korea Defense Service Medal as follows:  a) service members of the armed forces must 
have served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense;  b) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas;  c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Legion of Merit just before his retirement and it was omitted from his DD Form 214.  It is appropriate to correct this error at this time.

2.  The applicant served during four campaign periods and is authorized to wear four bronze service stars on his Vietnam Service Medal.

3.  Although the Korea Defense Service Medal was not created or authorized until well after the applicant's release from active duty, he is authorized this award; therefore, it would be appropriate to also include this award on his DD Form 214.

BOARD VOTE:

__x __  _x__  __x __  GRANT FULL 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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing, in addition to the awards listed on the DD Form 214, he is also authorized award of the Legion of Merit, the Korea Defense Service Medal, and award of four bronze service stars to be worn on his Vietnam Service Medal.




      _______x__________
                CHAIRPERSON
ABCMR Record of Proceedings (cont)                                         AR20070018345



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508