IN THE CASE OF:
BOARD DATE: 23 April 2009
DOCKET NUMBER: AR20080016853
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 that his DD Form 214, Report of Separation from Active Duty, be corrected to add the Distinguished Service Medal (DSM); the Meritorious Service medal (MSM); the Bronze Star Medal (BSM) with "V" Device; and the Purple Heart (PH) with 2 Oak Leaf Clusters (OLC).
2. The applicant states he was awarded 2 OLC to his PH, not 1 OLC. The other awards were simply omitted from his DD Form 214.
3. The applicant provides copies of orders for the requested medals.
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 was commissioned as a second lieutenant from West Point, entered active duty on 2 June 1950, was promoted to brigadier general, and was honorably released from active duty on 30 June 1979 and placed on the Retired List the following day.
3. The DD Form 214 the applicant was issued shows, in pertinent part, that he was awarded the BSM (2 OLC) and the PH (1OLC).
4. The orders submitted by the applicant show that he was awarded the DSM by Permanent orders 124-1 dated 27 June 1979; the MSM by General Orders Number 915 dated 5 September 1973; the BSM with "V" Device by General Orders Number 4412 dated 16 June 1968; PH by General Order Number 482 dated 25 September 1952; the PH by General Orders Number 744 dated 20 February 1968; and the PH by General Orders Number 3298 dated 29 April 1968.
5. The applicant's DA Form 66B, Insert Sheet to DA Form 66, shows the applicant was awarded the BSM by General Orders 455 dated 1952 and the BSM with OLC by General Orders 118 dated 1953.
DISCUSSION AND CONCLUSIONS:
1. The orders submitted by the applicant, and documents contained in his military records, verify that he was awarded the DSM, the MSM, the BSM with "V" Device with 2 OLC, and the PH with 2 OLC.
2. As such, it would be appropriate to now add these awards to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X___ ____X___ 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 the DD Form 214 of the individual concerned be corrected by adding the DSM, the MSM, the BSM with "V" Device with 2 OLC, and the PH with 2 OLC.
_______ _ 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) AR20080016853
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ABCMR Record of Proceedings (cont) AR20080016853
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