IN THE CASE OF:	  

		BOARD DATE:	  31 May 2012

		DOCKET NUMBER:  AR20110022721


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 and an explanation of item 12f (Foreign Service) of his DD Form 214.

2.  The applicant states he was awarded the Legion of Merit upon retirement, but it is not shown on his DD Form 214.

3.  The applicant provides a copy of a Legion of Merit Certificate, dated 
23 December 1982, and his DD Form 214.

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 is a retired Signal Corps officer.

3.  Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record) shows he completed 7 years and 12 days of foreign service in the following locations:

* Italy - 2 June 1960 - 16 May 63, (2 years, 11 months, and 15 days)
* Vietnam - 22 November 1965 - 16 November 1966 (11 months and 
26 days)
* Vietnam - 8 July 1969 - 4 July 1970 (11 months and 27 days)
* Germany - 4 June 1973 - 7 July 1975 (2 years, 1 month, and 4 days)

4.  His official military personnel file does not contain a recommendation for award of the Legion of Merit for the period ending December 1982.

5.  On 31 December 1982, he was honorably retired in the rank and pay grade of colonel/O-6.  He completed 24 years, 6 months, and 27 days of creditable active service.

6.  Item 12 of his DD Form 214 shows the entry "07 00 01" which indicates he completed 7 years and 1 day of foreign service during the period covered by his report.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Parachutist Badge
* National Defense Service Medal with Oak Leaf Cluster
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Bronze Star Medal (4 Oak Leaf Clusters)
* Air Medal
* Vietnam Technical Service Honor Medal First Class
* Army Commendation
* Vietnam Signal Corps Badge
* Vietnam Campaign Medal First Class
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Armed Forces Honor Medal First Class
* General Staff Identification Badge
* Sharpshooter Marksmanship Qualification Badge (M-16)
* Overseas Service Ribbon
* Army Service Ribbon
* Meritorious Service Medal with Oak Leaf Cluster
* Overseas Service Bars (4)
7.  The applicant provides an award certificate, dated 23 December 1982, wherein it states he was awarded the Legion of Merit for meritorious service during the period 19 June 1981 to 31 December 1982, culminating a distinguished career in the service of his country.

8.  His record does not contain any derogatory information that would preclude award of the Legion of Merit.  The last position that he held was Deputy Director, Plans and Programs, Defense Communications System Organization, Defense Communication Agency.  His senior rater made the following comment on the applicant's retirement officer evaluation report:

"[Applicant] retired as an O-6.  He should have been a general officer.  He was always that good.  Throughout his career, he has represented the absolute best of today's Army.  His outstanding service has always reflected the best attributes of Soldier, leader, manager and friend.  [Applicant] unquestionably stands out as a superstar.  For his lifelong commitment and his total dedication to maintaining the Army's high standards of excellence, our nation can be extremely grateful."

9.  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.  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.

10.  Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form be complete and accurate.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states for item 12f, to enter the total amount of foreign service completed during his or her continuous period of active service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show award of the Legion of Merit and an explanation of item 12f of this form.
2.  Although there no official orders awarding him the Legion of Merit, it would be reasonable to presume that given his overall record of service, numerous achievement awards, duty performance and level of responsibility in his final position he was recommended for and awarded the Legion of Merit upon retirement.  Further, this is a typical retirement award for a colonel.

3.  In view of the foregoing, the preponderance of evidence supports correction of his DD Form 214 to show award of the Legion of Merit.

4.  It appears the foreign service that is listed in item 12f of his DD Form 214 was incorrectly calculated; therefore, this foreign service should be corrected to show "07  00  12" (7 years and 12 days).

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 amending his DD Form 214 by:

* deleting the entry in item 12f and adding "07 00 12"
* adding the Legion of Merit to item 13



      _______ _   __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)                                         AR20110022721



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ABCMR Record of Proceedings (cont)                                         AR20110022721



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