BOARD DATE: 29 November 2012
DOCKET NUMBER: AR20120008598
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 the Legion of Merit and a second award of the Army Commendation Medal.
2. The applicant states the awards were omitted due to an administrative oversight.
3. The applicant provides:
* DD Form 214
* DA Form 638 (Recommendation for Award) showing award of the Legion of Merit
* DA Form 638-1 (Recommendation for Award (For Other Than Valor) of Army Achievement Medal, Army Commendation Medal, and Meritorious Service Medal) showing award of the Army Commendation Medal (1st Oak Leaf Cluster)
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 was appointed as a Regular Army infantry commissioned officer and executed an oath of office on 9 May 1971. He served in a variety of stateside and/or overseas assignments, including Southwest Asia from
24 October 1991 to 23 May 1992, and he attained the rank of lieutenant colonel.
3. He retired on 30 September 1997 and he was placed on the Retired List in his retired rank of LTC on 1 October 1997. His DD Form 214 shows the:
* Meritorious Service Medal (5th Award)
* Army Commendation Medal
* Army Achievement Medal (2nd Award)
* Army Superior Unit Award
* National Defense Service Medal (2nd Award)
* Southwest Asia Service Medal with one bronze service star
* Army Service Ribbon
* Overseas Service Ribbon
* Kuwait Liberation Medal
* Parachutist Badge
* Air Assault Badge
* Army Staff Identification Badge
4. Permanent Orders Number 282-09, issued by Headquarters, Military Personnel Service Center, on 8 October 1996, awarded him the Army Commendation Medal (1st Oak Leaf Cluster) for achievement.
5. Permanent Orders Number 246-03, issued by Headquarters, Military Personnel Service Center, on 3 September 1997, awarded him the Legion of Merit.
DISCUSSION AND CONCLUSIONS:
The applicant was awarded two awards of the Army Commendation Medal, one of which is not shown on his DD Form 214. He was also awarded the Legion of Merit which is not shown on his DD Form 214. He is entitled to correction of his DD Form 214 to show these awards.
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:
* deleting from his DD Form 214 the Army Commendation Medal
* adding to his DD Form 214 the Legion of Merit and the Army Commendation Medal (2nd Award)
_______ _ 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.
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