IN THE CASE OF:
BOARD DATE: 14 August 2014
DOCKET NUMBER: AR20130021639
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 (Report of Separation from Active Duty) for the period ending 31 July 1974 to show the Legion of Merit (3rd Award).
2. The applicant states he was awarded a total of three Legion of Merit awards during his active duty service and was told a DD Form 215 (Correction to DD Form 214 - Certificate of Release or Discharge from Active Duty) could be issued to show the correction. There was no error or injustice; it is pretty much a personal thing for an old Soldier. He was already retired when he was awarded the 2nd and 3rd Legion of Merit.
3. The applicant provides his DD Form 214 for the period ending 31 July 1974, three orders, and a letter.
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 last reenlisted in the Regular Army on 15 March 1972 in the rank/grade of command sergeant major (CSM)/E-9.
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam on two occasions:
* from on or about 2 August 1967 through on or about 1 August 1968
* from on or about 28 June 1971 through on or about 15 June 1972
4. On 31 July 1974, he was retired from active duty in the rank of CSM and he was transferred to the Retired List on 1 August 1974.
5. The DD Form 214 he was issued for this period of service shows, in part, a single award of the Legion of Merit.
6. The applicant provides and his record contains:
* General Orders Number 105, issued by the United States Army Security Agency on 25 May 1971, which awarded him the Legion of Merit for the period 15 October 1968 to 19 May 1971
* Letter Order, issued by the U.S. Army Military Personnel Center on 26 August 1974, which awarded him the Legion of Merit (First Oak Leaf Cluster, which is now referred to as the 2nd Award) for the period July 1972 to July 1974
* Permanent Order 137-02, issued by the U.S. Total Army Personnel Command on 17 April 1999, which awarded him the Legion of Merit for the period 2 August 1967 to 1 August 1968
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant was awarded 3 Legion of Merit awards during his period of active military service. It appears only one Legion of Merit was listed on his DD Form 214 for the period ending 31 July 1974, because the orders for the other two awards were published after the date of his retirement covered by his final DD Form 214. Therefore, it would be appropriate to correct his DD Form 214 for the period ending 31 July 1974 to show the Legion of Merit (3rd 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 amending his DD Form 214 for the period ending 31 July 1974 by:
* deleting the Legion of Merit
* adding the Legion of Merit (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) AR20130021639
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130021639
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110009580
His DD Form 214 (Report of Separation from Active Duty) for the period 10 April 1970 through 24 May 1970 shows in item 28 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the: * National Defense Service Medal * Aircraft Crewman Badge * Senior Aircraft Mechanic Crewman Wings * Vietnam Service Medal * Vietnam Campaign Medal * Air Medal * Republic of Vietnam Gallantry Cross with Gold Star * Bronze Star Medal * Army Commendation Medal (3rd OLC) *...
ARMY | BCMR | CY2012 | 20120006160
Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to show the: * Legion of Merit (2nd Award) * Republic of Vietnam Gallantry Cross with Bronze Star * Armed Forces Expeditionary Medal with "Arrowhead" * Valorous Unit Award * Special Forces (SF) Tab 2. This period of service entitles him to award of the Armed Forces Expeditionary Medal and correction of his records to show it. As a result, the Board recommends that all Department of the Army records...
ARMY | BCMR | CY2014 | 20140006568
Army Regulation 600-8-22 (Military Awards) states: a. While his records on iPERMS and SMS are void of his retirement orders, they contain and he was issued a DD Form 214 showing his retired rank as CSM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * adding to this DD Form 214 for the period ending 31 August 1994 the: * Meritorious Service Medal * National Defense Service Medal (2nd Award) * Vietnam Service Medal with...
ARMY | BCMR | CY2009 | 20090015746
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), Iraq Campaign Medal (ICM), Global War on Terrorism Service Medal (GWOTSM), and 7 bronze service stars for wear with his already-awarded Vietnam Service Medal (VSM). The evidence of record also confirms he is eligible for the GWOTSM based on his qualifying active duty service after 11 September 2001, and for the ICM with 2 bronze service...
ARMY | BCMR | CY2010 | 20100018612
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending 31 August 1994 to show his awards of the Valorous Unit Award (VUA), Kuwait Liberation Medal-Kuwait (KLM-KU), and Korea Defense Service Medal (KDSM). It 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. There is no available evidence showing the applicant served with a unit...
ARMY | BCMR | CY2014 | 20140005899
GO Number 81, issued by Headquarters, Second Regional Assistance Command, on 1 August 1972, awarded him the Bronze Star Medal for meritorious service from 8 December 1970 to 9 July 1972. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2008 | 20080019023
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show awards of the Purple Heart, the Kuwait Liberation Medal (Kuwait), and the Korea Defense Service Medal. Army Regulation 600-8-22 provides, in pertinent part, that 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 evidence of record...
ARMY | BCMR | CY2012 | 20120011874
Department of the Army GO (DAGO) awarded the applicant's unit of assignment in Vietnam, the 2nd Squadron, 11th Armored Cavalry Regiment, the following awards: * Valorous Unit Award, for valor from 1 May to 29 June 1970, based on DAGO Number 43, dated 1972 * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service from 1 May 1969 to 15 February 1970, based on DAGO Number 50, dated 1971 and for service from 1 March to 30 October 1970, based on DAGO Number 55, dated 1971 20. He...
ARMY | BCMR | CY2014 | 20140002331
No DD form 214 is available for his warrant officer period of service. During his service with 145th Combat Aviation Battalion, from 26 November 1971 to 23 March 1972, this unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 October 1970 to 31 August 1972 based on DAGO Number 6, dated 1974. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting from his DD Form 214,...
ARMY | BCMR | CY2012 | 20120005685
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his second award of the Bronze Star Medal and award of the Meritorious Service Medal. There is no evidence of record and the applicant did not provide any evidence that shows he was recommended for or awarded the Bronze Star Medal by official orders. 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...