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