IN THE CASE OF:	  

		BOARD DATE:	  6 June 2013

		DOCKET NUMBER:  AR20120021627 


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 (LOM).

2.  The applicant states his DD Form 214 does not show award of the LOM.

3.  The applicant provides copies of:

* DD Form 214
* Permanent Orders 37-04, Office of the Deputy Chief of Staff for Operations and Plans, dated 12 October 1983

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.  On 20 June 1963, the applicant entered active duty as a U.S. Army Reserve officer in the rank of second lieutenant, pay grade O-1.

3.  On or about 3 September 1965, the applicant was assigned for duty in the Republic of Vietnam (RVN) with U.S. Army Strategic Command (USASTRATCOM) Facility.  He departed the RVN on or about 22 August 1966.

4.  On or about 28 July 1969, the applicant was assigned to the RVN with USASTRATCOM Systems Engineering and Management Agency (CSEMA).  He departed the RVN on or about 20 July 1970.

5.  On 1 August 1979, the applicant was promoted to the rank of lieutenant colonel, pay grade O-5.

6.  On 30 September 1983, the applicant retired.  He had completed 20 years, 
3 months, and 11 days of creditable active duty service.

7.  The applicant's DD Form 214 lists his awards as:

* Bronze Star Medal with Oak Leaf Cluster
* Meritorious Service Medal with two Oak Leaf Clusters
* Joint Chiefs of Staff Identification Badge
* Army Commendation Medal
* Vietnam Service Medal
* Armed Forces Expeditionary Medal
* Army Service Ribbon
* Belgian Fourragere
* Overseas Service Ribbon
* Overseas Service Bars (4)
* Republic of Vietnam Gallantry Cross with Palm Unit citation
* Republic of Vietnam Campaign Medal
* Army General Staff Identification Badge
* General Staff Identification Badge
* Joint Service Commendation Medal
* Defense Meritorious Service Medal

8.  Permanent Order 37-04, as provided by the applicant, dated 12 October 1983, announced award of the LOM for his exceptionally meritorious service during the period 18 June 1981 to 30 September 1983.

9.  Army Regulation 600-8-22 (Military Awards) provides that the National Defense Service Medal is awarded for honorable active service for any period between 1 January 1961 through 14 August 1974.
10.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the RVN, he participated in the following seven campaign periods: the Vietnam Defense; the Vietnam Counteroffensive; the Vietnam Counteroffensive, Phase II; the Vietnam Summer-Fall 1969; the Vietnam Winter-Spring 1970; the DA Sanctuary Counteroffensive; the Vietnam Counteroffensive, Phase VII.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes participation in five campaigns.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the USASTRATCOM CSEMA, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 48, dated in 1971 for award of the Meritorious Unit Commendation.

12.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided a copy of permanent orders that are sufficiently convincing to show he was awarded the LOM for exceptionally meritorious service during the period 1981 to 1983.  The orders were published after the applicant's date of retirement.  Therefore, this medal should be shown on his 
DD Form 214.

2.  Records show that the applicant participated in seven campaign periods during his service in the RVN.  Therefore, he is eligible for award of one silver service star and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

3.  The applicant’s unit was cited in general orders for award of the Meritorious Unit Commendation.  Therefore, his records should be corrected to show this unit award.

4.  Records show that the applicant served during a qualifying period for award of the National Defense Service Medal.  Therefore, this medal should be shown on 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 a recommendation for relief.  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 the Vietnam Service Medal and

	b.  adding to his DD Form 214 the:

* Legion of Merit
* National Defense Service Medal
* Vietnam Service Medal with 1 silver and 2 bronze service stars
* Meritorious Unit Commendation



      ____________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)                                         AR20120021627





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ABCMR Record of Proceedings (cont)                                         AR20120021627



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