IN THE CASE OF:	  

		BOARD DATE:	  23 October 2012

		DOCKET NUMBER:  AR20120006884 


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
* correction of his DA Form 4980 (Legion of Merit Certificate) to show his dates of service as 11 July 1977 to 30 June 1981 vice 1 November 1971 to 31 October 1981

2.  The applicant states:

* the Legion of Merit was awarded on 4 February 1983, but an amended DD Form 214 was never issued
* the original DA Form 4980 reflects the dates as 1 November 1971 to 31 October 1981

3.  The applicant provides:

* DD Form 214
* DA Form 638 (Recommendation for Award)
* Legion of Merit Certificate and Citation

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 8 June 1961 and he held military occupational specialty 534.10 (Chemical Staff Specialist).  He reenlisted in the Regular Army on 28 June 1963 and subsequently served in Germany from 15 May 1964 to 15 May 1967.

3.  He was honorably discharged from active duty on 5 February 1968 to accept appointment as a warrant officer (WO).

4.  He was appointed as a Reserve WO of the Army with concurrent call to active duty on 6 February 1968.  He served in a variety of stateside and overseas assignments and he attained the rank of chief warrant officer three (CW3).

5.  He served in Vietnam from 16 June 1969 to 16 June 1970.  He was assigned to the 572nd Military Intelligence (MI) Detachment, 135th MI Group.

6.  He was honorably retired on 30 June 1981 and placed on the Retired List in the rank of CW3 on 1 July 1981.  His DD Form 214 shows he was awarded or authorized the:

* Joint Service Commendation Medal
* Army Commendation Medal
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal
* Driver Badge
* Meritorious Unit Commendation

7.  On 5 April 1981, his chain of command in the Fort Monroe Resident Office, 902nd MI Group, recommended him for award of the Legion of Merit.  The DA Form 638 shows this was a retirement award covering the period 11 July 1977 to 30 June 1981.

8.  Headquarters, U.S. Army Intelligence and Security Command, Arlington, VA, Permanent Orders 81-1, dated 11 December 1981, awarded him the Legion of Merit for exceptionally meritorious conduct in the performance of outstanding service from 30 June 1971 to 30 June 1981.

9.  The resulting certificate shows the period of service from 1 November 1971 to 31 October 1981.

10.  Army Regulation 600-8-22 (Military Awards) 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.

11.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the Legion of Merit for service from 30 June 1971 to 30 June 1981 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 recommended period of service for retirement awards may cover the last 10 years of service.  The applicant retired on 30 June 1981.  The certificate awarding him the Legion of Merit shows the period of service as 1 November 1971 to 31 October 1981.  It would be appropriate to issue him a new certificate showing the period of service as 30 June 1971 to 30 June 1981 as shown on the permanent orders.

3.  General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show this unit award.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* issuing the applicant an award certificate showing his dates of service for the Legion of Merit as 30 June 1971 to 30 June 1981
* adding the Legion of Merit and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214 for the period ending 30 June 1981

2.  The Board further determined 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 correcting his DA Form 4980 to show his dates of service as 11 July 1977 to 30 June 1981.



      ____________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)                                         AR20120006884



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ABCMR Record of Proceedings (cont)                                         AR20120006884



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