IN THE CASE OF:	  

		BOARD DATE:	  13 June 2013

		DOCKET NUMBER:  AR20120021321 


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 reconsideration of his previous request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Legion of Merit.

2.  The applicant states he was awarded the Legion of Merit after his retirement.  He contends that the citation and the medal were sent to his home subsequent to his retirement.

3.  The applicant provides:

* DD Form 214 for the period ending 31 July 1969
* DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 1 August 1951
* Legion of Merit citation
* photos of the Legion of Merit, Purple Heart, Bronze Star Medal, and Army Commendation Medal with his name engraved on the reverse side of the medals

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080019978 on 19 May 2009.

2.  The applicant provides photos of the Legion of Merit, Purple Heart, Bronze Star Medal, and Army Commendation Medal with his name engraved on the reverse side of the medals.  These photos were not previously considered by the Board.  Therefore, they are considered new evidence that warrants consideration by the Board.

3.  The previous ROP noted the following:

	a.  The applicant served in the Regular Army as an enlisted Soldier from 
26 May 1949 to 1 August 1951.

	b.  He was commissioned in the U.S. Army Reserve (USAR) and he entered active duty on 2 August 1951.

	c.  His DA Form 66 (Officer Qualification Record) shows in:

		(1)  Item 18 (Record of Assignments) he served as Assistant Professor of Military Science (PMS), 5th U.S. Army Reserve Officers' Training Corps Instructor Group (USAROTCIG) Senior Division Area, Western Michigan with duty station at the University of Kalamazoo, MI, from 1 November 1966 to 18 January 1968; and as Assistant PMS, 5th USAROTCIG Senior Division Area 50, Fort Sheridan, IL with duty station at Western Michigan University, Kalamazoo, MI, from 19 January 1968 to 30 July 1969.

		(2)  Item 21 (Awards and Decorations) the:

* Bronze Star Medal with "V" Device
* Purple Heart
* Army Commendation Ribbon with Metal Pendant
* Army Good Conduct Medal
* National Defense Service Medal
* Korean Service Medal
* United Nations Service Medal
* Republic of Korea Presidential Unit Citation
* Senior Parachutist Badge
* Combat Infantryman Badge
* Parachutist Badge
* two overseas service bars

		(3)  Item 22 (Campaigns) Second Korean Winter; Korea Summer-Fall 1952; Third Korean Winter; and Korea Summer-Fall 1953.

	d.  He was retired on 31 July 1969 in the rank/grade of lieutenant colonel (LTC)/O-5 after completing 20 years, 2 months, and 5 days of total active service.

	e.  His DD Form 214 for the period ending 31 July 1969 shows award of the:

* Bronze Star Medal with "V" Device
* Purple Heart
* Army Commendation Ribbon with Metal Pendant
* Vietnam Service Medal
* National Defense Service Medal (1st Oak Leaf Cluster)
* Korean Service Medal
* Republic of Korea Presidential Unit Citation
* Combat Infantryman Badge
* Senior Parachutist Badge
* Parachutist Badge
* two overseas service bars

	f.  There are no orders or other evidence in his military record that shows he was awarded the Legion of Merit.

	g.  He provided an undated Legion of Merit citation with a raised "Official" seal, indicating he was cited for award of the Legion of Merit for exceptionally meritorious conduct in the performance of outstanding services culminating as Detachment Executive Officer, Department of Military Science, 5th USAROTCIG, Senior Division, Western Michigan University, Kalamazoo, MI, from November 1966 to July 1969.

4.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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.  In peacetime, 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.  

	b.  The United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954.  Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

	c.  A bronze service star is authorized with the Korean Service Medal for each campaign a member is credited with participating in while serving in the Korean War.

	d.  The Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service must have been performed, in part, while on permanent assignment or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the Legion of Merit has been carefully considered.

2.  Although there are no orders awarding him the Legion of Merit, the citation provided by the applicant contains a raised official seal and accurately describes his duty position during the period 1966-1969 as shown on his DA Form 66.  Additionally, it was not uncommon for Soldiers with the applicant's rank, years of service, and record of service (i.e. Purple Heart, Bronze Star Medal with "V" Device) to be awarded the Legion of Merit as a retirement award.  Therefore, the Legion of Merit citation is accepted as sufficient evidence upon which to correct his DD Form 214 to show this award.

3.  Evidence of record shows he participated in four campaigns during the Korean War.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Korean Service Medal and correction of his DD Form 214 to reflect these bronze service stars.

4.  Based on his award of the Korean Service Medal, he is authorized the United Nation Service Medal and correction of his DD Form 214 to show this award.

5.  The applicant served during a qualifying period of service for entitlement to the Republic of Korea War Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

6.  It is noted that the applicant’s DD Form 214 shows the Vietnam Service Medal.  His DA Form 66 does not show he served in Vietnam.  However, no action will be taken at this time to delete this award from his DD Form 214.

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 amendment of the ABCMR's decision in Docket Number AR20080019978, dated 19 May 2009.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from his DD Form 214 for the period ending 31 July 1969 the Korean Service Medal, and

	b.  adding to his DD Form 214 for the period ending 31 July 1969 the:

* Legion of Merit
* United Nations Service Medal
* Korean Service Medal with four bronze service stars 
* Republic of Korea War 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)                                         AR20120021321



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ABCMR Record of Proceedings (cont)                                         AR20120021321



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