IN THE CASE OF:
BOARD DATE: 8 March 2011
DOCKET NUMBER: AR20100020743
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, in effect, correction of his retirement DD Form 214 (Certificate of Release or Discharge from Active Duty) by adding:
* the Legion of Merit (LOM)
* the Korea Defense Service Medal (KDSM)
2. The applicant states the KDSM was only recently approved.
3. The applicant provides:
* two DD Forms 214
* a Leave and Earnings Statement (LES)
* an Enlisted Evaluation Report (EER)
* a DA Form 4980-11 (Legion of Merit Certificate)
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. With prior enlisted service, the applicant was appointed as a warrant officer. He retired 31 October 2000 as a Chief Warrant Officer Four (CW4).
3. The applicant's DA Form 2-1 (Personnel Qualification Record Part II) shows he had service in Korea from 22 June 1981 to 10 August 1982.
4. The applicant provided a DA Form 4980-11 showing he was awarded the LOM for exceptionally meritorious service from 1 November 1990 to 31 October 2000. The applicant provided no orders for this award, and none could be found in the applicant's service records.
5 Army Regulation 600-8-22 (Military Awards) states the KDSM 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 and period of eligibility are as follows:
* the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles
* all air spaces above the land and water area
6. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
7. Army Regulation 600-8-22 states the LOM 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.
8. Army Regulation 600-8-22 states each individual approaching retirement may be considered for an appropriate decoration based on his or her grade, years of service, degree of responsibility, and manner of performance. Meritorious service awards may be awarded, upon retirement, which may include periods of service longer than that served in the recommending command. It is recommended that such periods be limited to the last 10 years of service.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests the LOM and the KDSM be added to his DD Form 214.
2. The applicant served in Korea and he is authorized award of the KDSM. This award should be added to his DD Form 214.
3. The applicant provided a copy of a DA Form 4980-11 for the LOM. It appears this was a retirement award. Paragraph 1-21 of Army Regulation 600-8-22 governs recognition upon retirement. Specifically, this paragraph states that each individual approaching retirement may be considered for an appropriate decoration based on his or her grade, years of service, degree of responsibility, and manner of performance. For meritorious service awards at retirement, this paragraph also permits inclusion of service longer than that served within the command recommending the award. The regulation recommends that these periods not exceed 10 years and states that an extended period should only be considered in those cases where the length or nature of the individuals terminal assignment would not qualify him or her for an appropriate award.
4. All personal decorations, to include the LOM as a retirement award, require formal recommendations, approval through the chain of command, and announcement in orders. Although no orders could be found for the applicant's LOM, the certificate is accepted as proof of the issuance of this retirement award. It should be added to 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 adding the LOM and KDSM to his retirement 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) AR20100020743
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ABCMR Record of Proceedings (cont) AR20100020743
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