IN THE CASE OF:
BOARD DATE: 15 December 2011
DOCKET NUMBER: AR20110012403
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 the Purple Heart and Legion of Merit. He also requests correction of his social security number (SSN) at the National Personnel Records Center (NPRC).
2. The applicant states many clerical errors were made on his DD Form 214 when he retired from active duty.
3. The applicant provides:
* a DA Form 4037 (Officer Record Brief), dated January 1978
* a Purple Heart Certificate, dated 9 July 1967
* a photograph of an individual receiving an award
* a letter from the NPRC, dated 6 October 2010
* Medicare Health Insurance card
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 requested correction of his SSN at the NPRC; however, correction of NPRC records is not within the purview of the ABCMR. Any questions regarding NPRC records should be addressed to the NPRC at
1 Archives Drive, St. Louis, MO 63138. Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.
3. The applicant was commissioned as a second lieutenant infantry officer in the U.S. Army Reserve (USAR) on 20 February 1958. He entered active duty on 13 April 1958. He was promoted to the rank/grade of lieutenant colonel (LTC)/
O-5 on 11 November 1971.
4. He served in Vietnam from 29 July 1966 to 26 July 1967 while assigned to the 1st Cavalry Division.
5. General Orders Number 3903, issued by 1st Cavalry Division, Vietnam, dated 9 July 1967, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force on 15 December 1966.
6. On 30 April 1979, he was retired by reason of sufficient service for retirement.
7. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time does not show the Purple Heart or Legion of Merit as authorized awards.
8. Item 9 (Awards, Decorations & Campaigns) of his DA Form 2-1 (Personnel Qualification Record) does not show award of the Legion of Merit. His Officer Record Brief does not show the Legion of Merit.
9. There are no orders in his records showing award of the Legion of Merit.
10. The applicant provided a photograph of what appears to be a Legion of Merit being presented to an individual in civilian clothes.
11. 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was awarded the Purple Heart which is not shown on his DD Form 214. Therefore, his DD Form 214 for the period ending 30 April 1979 should be corrected to show this award.
2. With respect to the Legion of Merit, there is no evidence of record and the applicant provide insufficient evidence that shows he was recommended for or awarded the Legion of Merit. The governing Army regulation states that for personal decorations, including the Legion of Merit, formal recommendations, approval through the chain of command, and announcement in orders are required. Regrettably, in the absence of orders or other evidence that verifies he was awarded the Legion of Merit, there is an insufficient evidentiary basis for granting this portion of his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X_____ __X___ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that 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 26 of his DD Form 214 for the period ending 30 April 1979 the Purple Heart.
2. The Board further determined that 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 a 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) AR20110012403
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ABCMR Record of Proceedings (cont) AR20110012403
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