IN THE CASE OF:
BOARD DATE: 16 February 2011
DOCKET NUMBER: AR20100019470
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 (Certificate of Release or Discharge from Active Duty) for the period ending 28 February 1985 to show award of the Legion of Merit and the Korea Defense Service Medal.
2. The applicant states the Legion of Merit was approved and presented after his retirement and the Korea Defense Service Medal was approved after his retirement date.
3. The applicant provides a Legion of Merit certificate and a photograph of an award presentation ceremony.
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 initially enlisted in the Regular Army on 14 September 1960. On 26 November 1963, following a short break in service, he again enlisted and he served continuously through reenlistments. His DD Form 214 for the period ending 28 February 1985 shows at the time of his retirement for length of service he had served in military occupational specialties of early warning/intercept system repairman and transportation senior sergeant, and he held the rank/grade of first sergeant (1SG)/E-8.
3. His DA Form 2-1 (Personnel Qualification Record) shows he served in the Republic of Korea during the periods 15 August 1979 to 8 August 1980 and 13 August 1981 to 9 February 1984.
4. He was honorably retired from active duty on 28 February 1985 and placed on the Retired List the following day after completing 24 years, 2 months, and
23 days of creditable active service.
5. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Legion of Merit or the Korea Defense Service Medal.
6. Army Regulation 600-8-22 (Military Awards) states the Legion of Merit is awarded to individuals who distinguish themselves by exceptionally meritorious conduct in the performance of outstanding services and achievements. The performance must merit recognition of key individuals for service rendered in a clearly exceptional manner. Performance of duties normal to the grade, branch, specialty, or assignment and experience of an individual is not an adequate basis for this award. In peacetime, service should be in the nature of a special requirement or an extremely difficult duty performed in an unprecedented and clearly exceptional manner. However, justification may accrue by virtue of exceptionally meritorious service in a succession of important positions. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
7. Army Regulation 600-8-22 states 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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. Unfortunately, there is no evidence of the award of the Legion of Merit other than the certificate and photograph of an award presentation ceremony submitted by the applicant. Since there are no orders or sufficiently corroborating evidence to show he was awarded the Legion of Merit, there is an insufficient basis for adding this award to his DD Form 214.
2. His record shows he met the qualifying criteria for award of the Korea Defense Service Medal. Therefore, he is entitled to correction of his DD Form 214 to show this award.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ___X____ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 13 of his DD Form 214 for the period ending 28 February 1985 the Korea Defense Service Medal.
2. The Board further determined 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 adding the Legion of Merit to his DD Form 214.
_______ _ 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) AR20100019470
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ABCMR Record of Proceedings (cont) AR20100019470
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