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