IN THE CASE OF:
BOARD DATE: 20 November 2008
DOCKET NUMBER: AR20080015635
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 (Report of Separation from Active Duty) to show award of the Legion of Merit.
2. The applicant states that the DD Form 214 provided to him at the time of his retirement does not list the Legion of Merit.
3. The applicant provides a copy of his DD Form 214; and an award certificate, dated 2 July 1974, for the Legion of Merit in support of his application.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant entered active duty on 15 September 1954. His DA Form 66 (Officer Qualification Record) shows he served in Vietnam from 11 May 1968 through 4 June 1969. He retired in the rank of colonel on 30 September 1974.
3. The applicant's DD Form 214 shows the Bronze Star Medal with First Oak Leaf Cluster, the Meritorious Unit Commendation, the Air Medal, the Vietnam Service Medal, two awards of the Overseas Service Bar, the Republic of Vietnam Campaign Medal with Device (1960), the National Defense Service Medal with First Oak Leaf Cluster, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award) as authorized awards.
4. Letter Order, dated 9 July 1974, shows the applicant was awarded the Legion of Merit for exceptionally meritorious conduct in the performance of outstanding service for the period July 1969 to July 1974.
5. Records show the applicant participated in four campaigns during his assignment in Vietnam.
6. Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.
DISCUSSION AND CONCLUSIONS:
1. Letter orders show the applicant was awarded the Legion of Merit. Therefore, his DD Form 214 should be corrected to show this award.
2. The applicant participated in four campaigns during his assignment in Vietnam which makes him eligible for award of the Vietnam Service Medal with four bronze service stars.
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 adding the Legion of Merit and four bronze service stars for wear on his already-awarded Vietnam Service Medal on his DD Form 214.
______XXX________________
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) AR20080015635
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ABCMR Record of Proceedings (cont) AR20080015635
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