IN THE CASE OF:
BOARD DATE: 19 February 2014
DOCKET NUMBER: AR20130011562
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.
2. The applicant states the Legion of Merit was presented to him after he retired and he would like it added to his DD Form 214.
3. The applicant provides a Legion of Merit Certificate.
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 entered active duty on 29 December 1963 as a first lieutenant in the U.S. Army Reserve. He served in staff and leadership positions and he was promoted to the rank/grade of colonel (COL)/O-6 in the Regular Army on 21 December 1978.
3. He was honorably retired from active duty on 31 May 1984 in the rank of COL and he was transferred to the Retired List on 1 June 1984.
4. The DD Form 214 he was issued does not show the Legion of Merit. In addition to numerous other awards, it shows the Overseas Service Ribbon.
5. His records contain Permanent Orders (PO) 55-1, issued by Headquarters, U.S. Army Health Services Command, dated 9 July 1984, awarding him the Legion of Merit for exceptionally meritorious service from 1 May 1974 to 31 May 1984.
6. His DA Form 2-1 (Personnel Qualification Record) shows he successfully completed tours of service in:
* Hawaii, from 14 January 1964 - 2 February 1965
* Vietnam, from 26 October 1966 - 16 July 1967
* Germany, from 15 August 1970 - 18 June 1974
7. Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before
1 August 1981 provided they had an Active Army status on or after 1 August 1981.
DISCUSSION AND CONCLUSIONS:
1. PO awarded the applicant the Legion of Merit which is not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this award.
2. The evidence of record confirms he successfully completed three overseas service tours while his DD Form 214 shows only one award of the Overseas Service Ribbon. Therefore, he is entitled to correction of his DD Form 214 to show the Overseas Service Ribbon (3rd Award).
BOARD VOTE:
____x___ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 to show award of the Legion of Merit and the Overseas Service Ribbon (3rd 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.
ABCMR Record of Proceedings (cont) AR20130011562
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ABCMR Record of Proceedings (cont) AR20130011562
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