IN THE CASE OF:
BOARD DATE: 29 May 2014
DOCKET NUMBER: AR20130016539
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 the Permanent Orders (PO) and resulting certificates awarding him the Legion of Merit (LOM) to show the dates of service as 1 June 1982 through 31 May 1991 instead of 1 June 1982 through 31 May 1992.
2. The applicant states he retired on 31 May 1991. His retirement award (LOM) shows an incorrect ending date of 31 May 1992 instead of 31 May 1991.
3. The applicant provides:
* DD Form 214, ending on 31 May 1991
* PO 121-8 and certificate awarding him the LOM
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. Having had prior service, the applicant reenlisted in the Regular Army on 12 January 1978. He served through multiple reenlistments and attained the rank/grade of first sergeant (1SG)/E-8.
3. He completed and was awarded overseas credit for the following overseas tours:
* Korea, May 1965 to March 1967
* Japan, March 1967 to July 1969
* Puerto Rico, December 1983 to January 1989
4. He retired on 31 May 1991 and he was placed on the Retired List in his retired rank/grade of 1SG/E-8 on 1 June 1991. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was awarded or authorized the:
* Overseas Service Ribbon (2nd Award)
* Army Good Conduct Medal (7th Award)
* National Defense Service Medal (2nd Award)
* Army Achievement Medal
* Armed Forces Expeditionary Medal
* Army Service Ribbon
* Drivers Badge with W Device
* Gold Recruiter Badge with 3 Sapphire Stars
* Meritorious Service Medal (2nd Award)
* Army Commendation Medal (4th Award)
5. PO Number 121-8, issued by the U.S. Total Army Personnel Command on 21 July 1992 awarded him the LOM for meritorious service from 1 June 1982 to 31 May 1992. The resulting certificate shows the same dates.
6. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. PO awarded the applicant the LOM 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. He retired on 31 May 1991. The PO and the resulting certificate that awarded him the LOM show an incorrect ending date of 31 May 1992 vice 31 May 1991. Therefore, he is entitled to correction of the orders and certificate to show the correct ending date.
3. The applicant served a qualifying period of service for award of the Korea Defense Service Medal. Therefore, he is entitled to correction of his DD Form 214 to show this award.
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. amending PO Number 121-8, issued by the U.S. Total Army Personnel Command on 21 July 1991 to show the period of service as 1 June 1981 to 31 May 1991 and issuing him a certificate reflecting these dates; and
b. adding to his DD Form 214 the Legion of Merit and Korea Defense 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) AR20130016539
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130016539
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130018992
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in: a. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) his award of the Legion of Merit and b. item 18 (Remarks) his participation in the Panama Campaign (Operation Just Cause), Operations Desert Shield/Desert Storm, Defense of Saudi Arabia Campaign, and Liberation and Defense of Kuwait Campaign. Item 13 of his DD Form 214 shows he...
ARMY | BCMR | CY2011 | 20110015266
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) and any other awards he may be entitled to but did not receive. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. The evidence further shows he served...
ARMY | BCMR | CY2013 | 20130002873
The applicant requests, in effect, award of the: * American Defense Commemorative Medal * 50th Anniversary Korean Commemorative Medal * Cold War Victory Medal * U.S. Army Commemorative Medal * Honorable Service Commemorative Medal * U.S. Armed Forces Retired Service Commemorative Medal * Army Forces Expert Marksman Commemorative Medal * United Nations Military Service Commemorative Medal * North Atlantic Treaty Organization (NATO) Service Commemorative Medal * Armed Forces Service Medal...
ARMY | BCMR | CY2012 | 20120021686
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the: * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Army Good Conduct Medal * Army Achievement Medal (2nd Award) * Army Commendation Medal * Meritorious Service Medal 2. Although his conduct and efficiency ratings can't be determined from the available evidence, given his honorable service, foreign service tour completion, attainment of the rank/grade...
ARMY | BCMR | CY2014 | 20140014351
However, she provides an LOM Certificate dated 13 March 1992 showing she was awarded the LOM for meritorious conduct in the performance of outstanding service during the period 1 April 1981 to 31 March 1992 and that her performance reflected great credit on the U.S. Health Services Command. Each individual approaching retirement may be considered for an appropriate decoration based on his or her grade, years of service, degree of responsibility, and manner of performance. Meritorious...
ARMY | BCMR | CY2013 | 20130015390
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. His retirement DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Expert Infantryman Badge * Drill Sergeant Badge * Vietnam Service Medal * Vietnam Campaign Medal * Combat Infantryman Badge * Purple...
ARMY | BCMR | CY2014 | 20140016559
d. Orders 32-13, dated 25 February 1992, issued by 9th Personnel Service Company, states the applicant is to be released from active duty and placed on the Retired List effective 30 September 1992. The applicant provides a DA Form 3713 which shows: * item 2 (Active Duty Grade) MSG/E-8 (emphasis added) * item 3 (Retired Grade) 1SG/E-8 (emphasis added) * item 8 (Highest Grade Attained) 1SG/E-8 * item 10 (Retired Pay) 1SG/E-8 7. These awards are not shown on his DD Form 214 and should be added.
ARMY | BCMR | CY2014 | 20140007754
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the: * Legion of Merit * Kuwait Liberation Medal * Korea Defense Service Medal 2. His DD Form 214 shows he was awarded or authorized the: * Meritorious Service Medal (4th Award) * Army Commendation Medal (3rd Award) * Army Achievement Medal * Good Conduct Medal (3rd Award) * National Defense Service Medal (2nd Award) * Southwest Asia Service Medal with 2 bronze service stars *...
ARMY | BCMR | CY2014 | 20140018897
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show two awards of the Meritorious Service Medal and two awards of the Overseas Service Ribbon. PO awarded the applicant two awards of the Meritorious Service Medal.
ARMY | BCMR | CY2014 | 20140015709
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the Legion of Merit (LOM), Army Achievement Medal (AAM), Armed Forces Service Medal (AFSM), Overseas Service Ribbon (OSR), North Atlantic Treaty Organization (NATO) Medal, and any other awards to which he may be entitled. His record contains four sets of orders or award certificates that show he was awarded the AAM, and his DD Form 214 shows he was awarded the AAM...