IN THE CASE OF:
BOARD DATE: 16 April 2013
DOCKET NUMBER: AR20120017138
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 Defense Superior Service Medal (DSSM) (2nd Award) and the Legion of Merit (LOM).
2. He states:
a. he was presented with his second award of the DSSM and the LOM at the conclusion of his tour of duty as the Defense and Army Attaché in Jakarta in 1987.
b. these two awards were never entered in his military records because he had already out-processed at Fort Shafter, HI in September 1987. The two awards were presented subsequent to his out-processing.
3. He provides:
* Permanent Orders 65-13, dated 4 May 1988
* Military Personnel Awards Memorandum 84-247, dated 22 October 1984
* DSSM award certificate, dated 3 March 1988
* DSSM 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 was appointed as a commissioned officer and ordered to active duty on 27 February 1960.
3. He provided Military Personnel Awards Memorandum 84-247, dated 22 October 1984, which indicates he was awarded the DSSM for the period August 1982 to August 1984.
4. On 30 September 1987, he was retired from active duty for length of service. His DD Form 214 shows award of the:
DSSM
Army Service Ribbon
Bronze Star Medal
Overseas Service Ribbon (3rd Award)
Defense Meritorious Service Medal
Republic of Vietnam (RVN) Campaign Medal with Device (1960)
Meritorious Service Medal
Master Army Aviator Badge
Air Medal with Numeral "9"
Valorous Unit Award
Joint Service Commendation Medal (1st Oak Leaf Cluster)
RVN Gallantry Cross Unit Citation with Palm
Army Commendation Medal (1st Oak Leaf Cluster)
RVN Gallantry Cross with 2 Gold Palm
National Defense Service Medal
Vietnam Staff Service Medal (1st Class)
Vietnam Service Medal with one silver service star and one bronze service star
3 Overseas Service Bars
5. He provided an award certificate, dated 3 March 1988, and a citation indicating he was awarded the DSSM for the period November 1984 to September 1987.
6. He provided Permanent Orders 65-13, dated 4 May 1988, published by Department of the Army, U.S. Total Army Personnel Agency (Provisional), Alexandria, VA, which awarded him the LOM for meritorious service during the period 9 November 1984 to 30 September 1987.
7. Army Regulation 600-8-22 (Military Awards) states the DSSM is awarded by the Secretary of Defense to members of the Armed Forces of the United States who after 6 February 1976, rendered superior meritorious service in a position of significant responsibility. The prescribing directive for the DSSM is Department of Defense (DOD) 1348.33M (Manual of Military Decorations and Awards).
8. Paragraph 1-19 of Army Regulation 600-8-22 states only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.
DISCUSSION AND CONCLUSIONS:
1. The applicant provided Military Personnel Awards Memorandum 84-247, dated 22 October 1984, which awarded him the DSSM for the period August 1982 to August 1984. This award is recorded on his DD Form 214.
2. His service record is void of letter orders or a memorandum issued by the Department of Defense for a second award of the DSSM. However, he provided a certificate and citation indicating he was awarded a second award of the DSSM for the period November 1984 to September 1987.
3. Permanent Orders 65-13 provided by the applicant show he was awarded the LOM for the period 9 November 1984 to 30 September 1987.
4. Regulatory guidance precludes receipt of both the DSSM and LOM for the same act, achievement, or period of service during November 1984 to September 1987. In the absence of letter orders or a memorandum issued by the Department of Defense authorizing him a second award of the DSSM, it would be appropriate to add the LOM to his DD Form 214.
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 amending his DD Form 214 to add award of the Legion of Merit.
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 correction of his DD Form 214 to show a second award of the DSSM.
____________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) AR20120017138
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120017138
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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