IN THE CASE OF:
BOARD DATE: 19 March 2015
DOCKET NUMBER: AR20140012515
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 February 1986 to show award of the Army Commendation Medal with 3rd Oak Leaf Cluster (OLC) and the Legion of Merit.
2. The applicant states, in effect, the above awards are missing from her DD Form 214. She lost track of the award documents in the course of two household moves after retirement. The documents were recently discovered in a storage container.
3. The applicant provides copies of the following:
* Permanent Orders (PO) Number 01-32
* Army Commendation Medal Certificate
* PO Number 58-3
* Legion of Merit Certificate
* Memorandum from the Office of the Chief of Staff
* DD Form 214 (member's copy)
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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant was appointed in the U.S. Army Reserve as a first lieutenant on 23 August 1963. She was commissioned in the Regular Army on 1 March 1968. She held area of concentration (AOC) 44A (Finance Officer) and AOC 45A (Comptroller Officer). She was credited with normal tour completion for two tours in Germany.
3. She provided copies of the following:
* PO Number 01-32, dated 10 January 1984, awarding her the Army Commendation Medal with 3rd OLC for meritorious achievement from 28 October through 2 November 1983 and the resulting certificate
* PO Number 58-3, dated 3 April 1986, awarding her the Legion of Merit for meritorious service from 19 June 1982 through 28 February 1986 and the resulting certificate
* Memorandum, dated 14 August 1986, wherein the Office of the Chief of Staff provided her an approved award of the Legion of Merit upon retirement
4. She was honorably retired in the rank of lieutenant colonel on 28 February 1986 for length of service with more than 20 years of active service and 4 years, 6 months, and 4 days of foreign service. Her DD Form 214 lists the:
* Meritorious Service Medal with 1st OLC
* Army Commendation Medal with 2nd OLC
* Army of Occupational Medal
* National Defense Service Medal
* Armed Forces Reserve Medal
* Army Service Ribbon
* Overseas Service Ribbon
5. 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. Numerals will be used to denote second and subsequent awards of the Overseas Service Ribbon.
DISCUSSION AND CONCLUSIONS:
1. GO awarded the applicant the Army Commendation Medal with 3rd OLC and Legion of Merit during her period of active service. Therefore, she is entitled to correction of her 1986 DD Form 214 to show these awards.
2. A review of her records shows she completed a qualifying period of service for a second award of the Overseas Service Ribbon. Therefore, this DD Form 214 should be corrected to show the Overseas Service Ribbon with Numeral 2.
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. deleting from her DD Form 214 for the period ending 28 February 1986 the Overseas Service Ribbon; and
b. adding to this DD Form 214 the:
* Army Commendation Medal with 3rd OLC
* Legion of Merit
* Overseas Service Ribbon with Numeral 2
_____________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) AR20140012515
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ABCMR Record of Proceedings (cont) AR20140012515
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