IN THE CASE OF:	  

		BOARD DATE:	  15 July 2010

		DOCKET NUMBER:  AR20100000852 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal and the Legion of Merit.

2.  The applicant states that the awards were left off his DD Form 214 when he retired. 

3.  The applicant provides the following documents:

* A copy of his DD Form 214, dated 31 July 1989
* A copy of a citation showing award of the Bronze Star Medal
* A copy of a certificate showing award of the Bronze Star Medal
* A copy of orders and a certificate awarding him the Legion of Merit

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's records show he enlisted in the Regular Army (RA) on 25 July 1961 and held military occupational specialty (MOS) 95B (Military Police).  He served in Korea from 15 December 1961 to 21 January 1963 and he was discharged on 29 July 1963 for the purpose of reenlistment.  

3.  He reenlisted in the RA on 30 July 1963 and subsequently served in Korea and Japan from 23 August 1963 to 21 September 1967.  He was again discharged on 29 July 1966 for the purpose of reenlistment.

4.  He reenlisted on 30 July 1966 and held MOS 95D (Criminal Investigator).  He served in Vietnam from 6 February 1969 to 5 May 1970.  He was assigned to Headquarters and Headquarters Company, 1st Brigade, 5th Infantry Division.

5.  While in Vietnam, he was discharged from his enlisted status on 22 November 1969 and he was subsequently appointed as a warrant officer in MOS 951A (Criminal Investigator).  

6.  He served in various staff and leadership positions within and outside continental United States to include tours in Korea from 5 December 1971 to       27 November 1973 (24 months), 3 July 1977 to 1 June 1980 (35 months), and 5 January 1983 to 7 July 1986 (42 months).  

7.  He was honorably retired on 31 July 1989 and placed on the retired list in his retired rank of CW4 on 1 August 1989.  He completed over 28 years of creditable active service.  

8.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his retirement DD Form 214 shows the following awards:

* Army Service Ribbon
* National Defense Service Medal
* Vietnam Service Medal with 5 bronze service stars
* Vietnam Campaign Medal with Device (1960)
* Vietnam Cross of Gallantry with Palm
* Good Conduct Medal
* Meritorious Service Medal (3rd Oak Leaf Cluster)
* Army Commendation Medal (2nd Oak Leaf Cluster)
* Army Achievement Medal
9.  Headquarters, U.S. Army Criminal Investigation Command, Falls Church, VA, Permanent Orders 40-2 awarded him the Legion of Merit for meritorious service from 3 June 1986 to 31 July 1989.

10.  He submitted a copy of a certificate and a citation, dated 14 January 1970, showing he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in Vietnam from February 1969 to January 1970.

11.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) shows he was awarded the Bronze Star Medal, Good Conduct Medal (2nd Award), Armed Forces Expeditionary Medal, Overseas Service Ribbon (4th Award), and Expert Marksmanship Qualification Badge with Pistol Bar. 

12.  Section VII (Awards and Decorations) of his Officer Record Brief (ORB) shows the Bronze Star Medal among several other awards that he earned. 

13.  Review of the applicant's records indicates he is entitled to additional awards that are not shown on his DD Form 214.

14.  General Orders Number 20, issued by Headquarters, USATDC (presumably Tunducheon, Camp Casey), dated 24 August 1964, awarded him the Good Conduct Medal (1st Award).

15.  General Orders Number 209, issued by Headquarters, (U.S. Army Japan), dated 24 August 1967, awarded him the Good Conduct Medal (2nd Award).

16.  Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  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 area.  The period of eligibility is from 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Legion of Merit and Bronze Star Medal.

2.  Permanent orders awarded him the Legion of Merit for meritorious service which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The applicant's DA Form 2-1 and ORB show he was awarded the Bronze Star Medal.  The applicant provided a copy of a citation and a certificate awarding him the Bronze Star Medal.  Therefore, despite the absence of the orders/authority for this award this evidence appears to be sufficient to support correcting his DD Form 214 to show award of the Bronze Star Medal.

4.  The evidence of record shows he completed several periods of service in Korea any of which qualifies him for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his DD Form 214 to show this medal.

5.  General orders awarded him two awards of the Good Conduct Medal, one of which is not listed on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show both awards.

6.  The evidence of record shows he was awarded the Overseas Service Ribbon (4th Award), Armed Forces Expeditionary Medal, and Expert Marksmanship Qualification Badge with Pistol Bar, none of which is shown on his DD Form 214; therefore, he is entitled to correction of his DD Form to show these awards.

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: 

	a.  deleting from his retirement DD Form 214 the Good Conduct Medal; and 


	b.  adding to his retirement DD Form 214 the following awards:

* Legion of Merit
* Bronze Star Medal
* Good Conduct Medal (2nd Award)
* Korea Defense Service Medal
* Overseas Service Ribbon (4th Award)
* Armed Forces Expeditionary Medal
* Expert Marksmanship Qualification Badge with Pistol Bar



      _______ _   _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)                                         AR20100000852



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ABCMR Record of Proceedings (cont)                                         AR20100000852



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