IN THE CASE OF: BOARD DATE: 21 August 2012 DOCKET NUMBER: AR20120002135 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 (LOM) and the Korean Service Medal, interpreted to mean the Korea Defense Service Medal (KDSM). 2. The applicant states these two medals were omitted from his DD Form 214. 3. The applicant provides copies of: * DD Form 214 * Permanent Orders 32-1, dated 31 August 1987, awarding him the LOM * Certificate for award of the LOM, dated 31 August 1987 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. On 13 July 1962, the applicant entered the Regular Army as a 2nd lieutenant, Ordnance Corps. 3. The applicant served in the Republic of Korea (ROK) from August 1964 to August 1965. 4. The applicant served in the Republic of Vietnam (RVN) from 5 September 1968 to 30 August 1969. a. He served as the Executive Officer, 336th Ordnance Battalion from 5 September 1968 to 6 March 1969. b. He served as the Ammunition Supply Officer, Headquarters and Headquarters Detachment, Support Command (HHD, USASUPCOM) from 7 March to 24 August 1969. 5. On 31 August 1987, the applicant retired due to length of service. He had attained the rank of colonel, pay grade O-6, and had completed 27 years, 1 month, and 18 days of creditable active duty service. 6. The applicant's DD Form 214 lists his decorations, medals, badges, citations and campaign ribbons as: * Bronze Star Medal * Defense Meritorious Service Medal (1st Oak Leaf Cluster) * Meritorious Service Medal (1st Oak Leaf Cluster) * Joint Service Commendation Medal * Army Commendation Medal (1st Oak Leaf Cluster) * Meritorious Unit Commendation (1st Oak Leaf Cluster) * National Defense Service Medal * Vietnam Service Medal * Army Service Ribbon * Overseas Service Ribbon (2) * RVN Campaign Medal * RVN Cross of Gallantry with Palm Unit Citation * Overseas Service Bars (2) 7. The applicant's records contain Permanent Orders 32-1, Fort Lee, VA, dated 31 August 1987, announcing award of the LOM to the applicant for meritorious service during the period from 1 June 1978 to 31 August 1987. 8. Army Regulation 600-8-22 (Military Awards): a. The KDSM 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 ROK from 28 July 1954 through a future date to be determined by the Secretary of Defense. b. Appendix B of this regulation shows that based on the applicant's dates of service in the RVN, he participated in the following four campaign periods: the Vietnam Counteroffensive; Phase V; the Vietnam Counteroffensive, Phase VI; the Tet 69 Counteroffensive; and the Vietnam Summer-Fall 1969. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 9. DA Form 66 (Officer Qualification Record) shows in item 23 (Qualification in Arms) that he had qualified as a marksman with the M-1 rifle, pistol, and carbine. DISCUSSION AND CONCLUSIONS: 1. Permanent orders clearly show that the applicant was awarded the LOM for meritorious service. Therefore, this decoration should be shown on his DD Form 214. 2. Records show the applicant served during a qualifying period in the ROK for award of the KDSM. Therefore, this service medal should be shown on his DD Form 214. 3. Records show that the applicant participated in four campaign periods during his service in the RVN. Therefore, he is eligible for award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal. 4. Records show the applicant qualified as a marksman with the M-1 rifle, pistol, and carbine. Therefore his records should be corrected to show award of the Marksman Marksmanship Qualification Badge with Rifle, Pistol, and Carbine Bars. 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 award of the Vietnam Service Medal from his DD Form 214 and b. adding the following awards to his DD Form 214: * Legion of Merit * Vietnam Service Medal with four bronze service stars * Korea Defense Service Medal * Marksman Marksmanship Qualification Badge with Rifle, Pistol, and Carbine Bars __________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) AR20120002135 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120002135 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1