RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 MAY 2008 DOCKET NUMBER: AR20070018690 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Director Analyst The following members, a quorum, were present: Chairperson Member Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, his DD Form 214 (Report of Separation From Active Duty) with an effective date of 31 October 1977 be amended to include the Legion of Merit (First Oak Leaf Cluster). 2. The applicant states he only recently reviewed his DD Form 214 and discovered the omission of the award. 3. The applicant provides a copy of the orders for award of the Legion of Merit and his DD Form 214 in support of his application. 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's military personnel record shows he was commissioned a second lieutenant in the Regular Army on 28 June 1958. 3. The applicant served in the Republic of Korea during the period from 4 November 1962 to 13 November 1963. 4. On 9 May 1973, the applicant was awarded the Legion of Merit for exceptionally meritorious conduct in the performance of outstanding service during the period from May 1971 to May 1973. 5. On 31 October 1977, the applicant was released from active duty and placed on the Retired List on 1 November 1977. He had completed 23 years, 4 months, and 3 days of active service that was characterized as honorable. 6. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Legion of Merit. 7. Headquarters, United States Army Training and Doctrine Command, Fort Monroe, Virginia, Permanent Orders 95-3, dated 1 November 1977, awarded the applicant the Legion of Merit (First Oak Leaf Cluster) for exceptionally meritorious conduct in the performance of outstanding service during the period from 11 June 1974 to 31October 1977. 8. The applicant's records show that he is entitled to additional awards, which he did not request and are not listed on his DD Form 214. 9. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Korea Defense Service Medal. This regulation specifies criteria for the award of the Korea Defense Service Medal as follows: a) service members of the Armed Forces must have served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the Republic of Korea, the contiguous waters out to 12 nautical miles, and all air spaces above the land and water areas; and c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days. Only one award of the Korea Defense Service Medal is authorized for any individual. 10. Army Regulation 600-8-22 provides, in pertinent part, that an Oak Leaf Cluster is issued to denote award of a second and succeeding awards of decorations (other than the Air Medal) and unit awards. DISCUSSION AND CONCLUSIONS: 1. The applicant contends his DD Form 214 should be amended to include the award of the Legion of Merit (First Oak Leaf Cluster). 2. The applicant has been awarded the Legion of Merit for two different periods of service. The Oak Leaf Cluster is the appropriate device to denote more than one award of the Legion of Merit. The permanent orders submitted by the applicant clearly show the award of the Legion of Merit (First Oak Leaf Cluster). Therefore, it is appropriate to amend the applicant's DD Form 214 to include this award. 3. The applicant completed a tour of duty in the Republic of Korea subsequent to 28 July 1954. Therefore, he is authorized the Korea Defense Service Medal. 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 to show he was awarded the Legion of Merit (First Oak Leaf Cluster) and that he is authorized the Korea Defense Service Medal. ___________X___________ CHAIRPERSON ABCMR Record of Proceedings (cont) AR20070018690 2 DEPARTMENT OF THE ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 1901 SOUTH BELL STREET 2ND FLOOR ARLINGTON, VA 22202-4508