IN THE CASE OF:	  

		BOARD DATE:	  24 March 2015

		DOCKET NUMBER:  AR20140012240 


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), ending on 31 January 1975, to show the Legion of Merit.

2.  The applicant states he was awarded the Legion of Merit for service but it was not listed on his DD Form 214.  The award was presented to him after he had retired. 

3.  The applicant provides:

* DD Form 214, ending on 31 January 1975
* Letter Orders - Award of the Legion of Merit
* Certificate and citation for award of the Legion of Merit

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 served on active duty in an enlisted and warrant officer status. He retired on 31 January 1975 with over 20 years of active service.  He was issued a separate DD Form 214 for each period of service. 

3.  He initially enlisted in the Regular Army (RA) on 13 January 1955 and he served in Germany from October 1955 to October 1958.  He was honorably discharged on 6 February 1957 for the purpose of immediate reenlistment. 

4.  A DD Form 214 for this period of service is not available; however, he was issued a DD Form 215 (Correction to DD Form 214) on 21 June 1976 that captured this period of service. 

5.  He reenlisted in the RA on 7 February 1957.  He was honorably discharged on 6 February 1960 for the purpose of immediate reenlistment.  His DD Form 214 shows he was awarded or authorized the: 

* Sharpshooter Marksmanship Qualification Badge with Carbine Bar
* Good Conduct Medal 

6.  He reenlisted in the RA on 7 February 1960.  He served in Japan from 7 March 1960 to 22 February 1963.  He was honorably discharged on 6 February 1964.  His DD Form 214 shows he was awarded or authorized the: 

* Armed Forces Expeditionary Medal
* Meritorious Unit Commendation 
* Sharpshooter Marksmanship Qualification Badge with Carbine Bar

7.  He reenlisted in the RA on 7 February 1964.  He served in Iran from April 1965 to July 1967 and Spain from July 1967 to April 1969.  He was honorably discharged on 27 March 1969 to accept an appointment as a warrant officer.  His DD Form 214 shows he was awarded or authorized the: 

* Good Conduct Medal (3rd and 4th Awards) 
* Vietnam Service Medal
* Meritorious Unit Commendation 

8.  He was appointed as a warrant officer of the Army on 28 March 1969.  He served in Vietnam from 4 June 1969 to 2 June 1970.  He was assigned to the 144th Aviation Company. 

9.  He also served in other overseas locations including Greece, July 1970 to July 1973; and Lebanon, August 1973 to December 1974.  He attained the rank of chief warrant officer two (CW2). 

10.  He retired on 31 January 1975 and he was placed on the Retired List in his retired rank of CW2 on 1 February 1975.  His retirement DD Form 214 shows he was awarded or authorized the: 

* Good Conduct Medal (1st-4th Awards)
* Vietnam Service Medal
* Meritorious Unit Commendation (1st Oak Leaf Cluster)
* Air Medal (1st through 6th Award)
* Bronze Star Medal
* Meritorious Service Medal
* Vietnam Campaign Medal with 1960 Device
* National Defense Service Medal
* Aircraft Crewman Badge
* Vietnam Cross of Gallantry with Palm Unit Citation 
* Four Vietnam campaigns

11.  Letter Orders issued by the U.S. Army Military Personnel Center, Alexandria, VA, on 28 August 1975, awarded him the Legion of Merit for exceptionally meritorious service from August 1973 to August 1974.  He provides and his records contain the resulting certificate and citation. 

12.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following four campaigns:

* Tet 69/Counteroffensive, 23 February - 8 June 1969
* Vietnam Summer - Fall 1969, 9 June - 31 October 1969
* Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970
* Sanctuary Counteroffensive, 1 May - 30 June 1970

DISCUSSION AND CONCLUSIONS:

1.  Letter orders 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 ending on 31 January 1975 to show this award. 

2.  He was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to the Vietnam Service Medal and correction of his DD Form 214 ending on 31 January 1975 to show these service stars. 

3.  He was awarded the Armed Forces Expeditionary Medal during his service from 7 February 1960 through 6 February 1964 and this award was shown on the resulting DD Form 214.  However, his retirement DD Form 214 does not show this award.  Therefore, he is entitled to correction of his DD Form 214 ending on 31 January 1975 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 adding to his DD Form 214, ending on 31 January 1975, the Legion of Merit, Armed Forces Expeditionary Medal, and four bronze service stars to be affixed to his already-awarded Vietnam 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)                                         AR20140012240



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ABCMR Record of Proceedings (cont)                                         AR20140012240



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