IN THE CASE OF:
BOARD DATE: 26 January 2012
DOCKET NUMBER: AR20110015266
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) to show award of the Legion of Merit (LOM) and any other awards he may be entitled to but did not receive.
2. The applicant states his LOM was approved just before he retired and the orders were not available during his separation outprocessing.
3. The applicant provides his LOM 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 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 enlisted in the Regular Army on 28 November 1982. He completed training and was awarded military occupational specialty 11B (Infantryman). After successful completion of the U.S. Army Ranger Course, he was awarded special qualification identifier "V" (Ranger).
3. Item 5 (Oversea Service) of the applicant's DA Form 2-1 shows he served in overseas assignments on five different occasions:
* Republic of Korea from 27 August 1984 through 13 December 1985
* Italy from 22 September 1991 through 21 September 1994
* Hawaii from 23 November 1996 through 31 May 1999
* Puerto Rico from 1 June 1999 through 20 June 2001
* Honduras from 20 June 2001 to an unknown date prior to his retirement
4. On 30 November 2002, he was retired by reason of sufficient service for retirement. His DD Form 214 shows he completed 20 years and 3 days of creditable active service. The highest rank/grade he attained while serving on active duty was first sergeant/E-8. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the:
* Meritorious Service Medal (2nd Award)
* Army Commendation Medal (7th Award)
* Joint Service Achievement Medal
* Army Good Conduct Medal (6th Award)
* National Defense Service Medal (2nd Award)
* Noncommissioned Officer Professional Development Ribbon with Numeral 3
* Army Service Ribbon
* Overseas Service Ribbon (5th Award)
* Expert Marksmanship Qualification Badge with Rifle Bar
* Expert Infantryman Badge
* Master Parachutist Badge
* Pathfinder Badge
* Air Assault Badge
* Ranger Tab
* Drill Sergeant Identification Badge
* Belgian Armed Forces Parachutist Badge
* French Army Parachutist Badge
* Guatemalan Parachutist Badge
* Honduran Parachutist Badge
5. Per telephonic conversation with an official at the Awards and Decorations Branch, U.S. Army Human Resources Command (HRC), the applicant was awarded the LOM by Permanent Orders 305-10, The Adjutant General Directorate, HRC, Alexandria, VA, dated 1 November 2002.
6. A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.
7. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who 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.
8. Army Regulation 600-8-22 states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who participated in the Global War on Terrorism operations outside of the designated areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal on or after 11 September 2001 to a future date to be determined. All Soldiers on active duty on or after 11 September 2001 to a date to be determined, having served 30 consecutive or 60 nonconsecutive days, are authorized the GWOTSM.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded the applicant the LOM which is not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this award.
2. The evidence of record shows he served in the Republic of Korea from 27 August 1984 through 13 December 1985, a period of qualifying service for award of the KDSM 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 evidence further shows he served a qualifying period for award of the GWOTSM which is not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this award.
BOARD VOTE:
___X____ ___X ___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 amending item 13 of his DD Form 214 to add the Legion of Merit, Korea Defense Service Medal, and Global War on Terrorism Service Medal.
_______ _ 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) AR20100014579
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110015266
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