BOARD DATE: 22 August 2013
DOCKET NUMBER: AR20120021863
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 he received and is authorized the following:
* Legion of Merit
* Joint Chiefs of Staff Identification Badge
* Republic of Korea Presidential Unit Citation
2. The applicant states:
* he was authorized the Legion of Merit on 31 August 2005
* he was authorized the Joint Chiefs of Staff Identification Badge on 1 April 2002
* he was authorized the Republic of Korea Presidential Unit Citation on 19 December 1994
3. The applicant provides:
* Permanent Order 166-12, dated 15 June 2005
* DA Form 638 (Recommendation for Award), dated 29 April 2005
* Joint Chiefs of Staff Identification Badge Certificate, dated 1 April 2002
* Wear Authorization for the Joint Chiefs of Staff Identification Badge, dated 5 June 2002
*
Republic of Korea Presidential Unit Citation with English translation, dated 19 December 1994
* Department of the Army Orders 013-244, dated 13 January 1995.
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 (RA) on 25 January 1984. After completing 12 years, 7 months, and 18 days of net active service this period, he was honorably discharged on 12 September 1996 to accept an appointment as a warrant officer.
3. The applicant provides a certificate dated 19 December 1994, showing that the unit to which he was assigned was awarded the Republic of Korea Presidential Unit Citation.
4. The DD Form 214 he received on 12 September 1996 does not show that the unit to which he was assigned was awarded the Republic of Korea Presidential Unit Citation.
5. On 13 September 1996, the applicant entered active duty as a warrant officer one (WO1). He retired on 31 August 2005 after obtaining sufficient service for retirement.
6. The applicant provides Permanent Order 166-12, dated 15 June 2005, awarding him the Legion of Merit for exceptionally meritorious service while serving in positions of increasing responsibility, culminating as a Joint Staff Officer, National Geospatial Intelligence Agency. He also submits a certificate, dated 1 April 2002 and a memorandum, dated 5 June 2002, authorizing him wear of the Joint Chiefs of Staff Identification Badge.
7. The DD Form 214 he received on 31 August 2005 does not show the Legion of Merit, the Joint Chiefs of Staff Identification Badge, or the Republic of Korea Presidential Unit Citation.
8. Army Regulation 600-8-22 (Military Awards) states:
a. A Joint Chiefs of Staff Identification Badge certificate of eligibility may be issued to military personnel who have been assigned to duty and have served not less than 1 year after 14 January 1961 in a position of responsibility under the direct cognizance of the Joint Chiefs of Staff. The individual must have served in a position which requires as a primary duty the creation, development, or coordination of policies, principles, or concepts pertaining to a primary function of the organization of the Joint Chiefs of Staff and must be approved for authorization to wear the badge by the Chairman, Joint Chiefs of Staff; the Director, Joint Staff; the head of a Directorate of the Joint Staff; or one of the subordinate agencies of the organization of the Joint Chiefs of Staff. The certificate of eligibility constitutes authority for wearing the badge as a permanent part of the uniform.
b. The Republic of Korea Presidential Unit Citation is awarded by the Korean government.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows that Permanent Order 166-12 was published awarding him the Legion of Merit on 15 June 2005. He received a certificate and a memorandum authorizing him wear of the Joint Chiefs of Staff Identification Badge on 1 April 2002. He also provided the certificate given to him by the Korean government awarding the unit to which he was assigned the Republic of Korea Presidential Unit Citation. These awards and/or decorations should be added on his final DD Form 214.
2. The applicant's records should be corrected as recommended below.
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 amending his DD Form 214 dated 31 August 2005 to add the:
* Legion of Merit
* Joint Chiefs of Staff Identification Badge
* Republic of Korea Presidential Unit Citation
_______ _ 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) AR20120021863
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ABCMR Record of Proceedings (cont) AR20120021863
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