IN THE CASE OF:
BOARD DATE: 3 July 2012
DOCKET NUMBER: AR20120001361
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 a second award of the Legion of Merit and the Korea Defense Service Medal.
2. The applicant states:
* the Legion of Merit was awarded after his retirement
* the Korea Defense Service Medal was approved after he retired
3. The applicant provides:
* DD Form 214
* Officer Record Brief
* Retirement Orders
* Orders awarding the Legion of Merit with Oak Leaf Cluster
* Letter of Commendation, Korea Ministry of National Defense
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 is a retired colonel. He retired on 31 July 1994. His DD Form 214 lists one award of the Legion of Merit and does not list the Korea Defense Service Medal.
3. The applicant submitted a letter of commendation from the Republic of Korea Minister of National Defense for his duty as Deputy Assistant Chief of Staff, C-2, Combined Field Army (Republic of Korea/United States) from October 1991 to June 1992.
4. The applicant submitted Permanent Orders 82-4, Headquarters, U.S. Army Training and Doctrine Command, Fort Monroe, VA, dated 9 August 1994, awarding him the Legion of Merit (First Oak Leaf Cluster) as a retirement award.
5. Army Regulation 600-8-22 (Military Awards) 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. Evidence of record confirms his entitlement to a second award of the Legion of Merit and Korea Defense Service Medal.
2. His DD Form 214 should be corrected to add those medals.
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 to his DD Form 214 the:
* Legion of Merit (2nd Award)
* Korea Defense 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) AR20120001361
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ABCMR Record of Proceedings (cont) AR20120001361
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