IN THE CASE OF:	  

	BOARD DATE:	  03 July 2008

	DOCKET NUMBER:  AR20080007573 


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 that his records be corrected to reflect his retirement award of the Legion of Merit (LOM). 

2.  The applicant states, in effect, that he received his award of the LOM after his retirement and it was not included in his records. 

3.  The applicant provides a copy of his LOM orders, citation, and certificate; and a copy of his DD Form 214. 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army in San Antonio, Texas on 7 April 1987 for a period of 3 years under the warrant officer flight training program.  

2.  He successfully completed his training and was appointed as a United States Army Reserve (USAR) warrant officer one (WO1) on 31 March 1988.  He subsequently accepted a Regular Army appointment and was promoted to the rank of Chief Warrant Officer Four (CW4) on 1 April 2002.   

3.  On 28 February 2007, he was honorably released from active duty and was transferred to the Retired List effective 1 March 2007.  He had served 20 years, 5 months, and 29 days of total active service.   

4.  On 15 January 2008, the applicant was awarded the LOM for the period of 31 March 1996 to 1 April 2006.  The award was a retirement award and there is no evidence to show that it has ever been included in his records. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the LOM on 15 January 2008, almost a year after he had retired and his award was not placed in his records.    

2.  Accordingly, it would be in the interest of justice at this time to correct his records to show his award of the LOM.  

BOARD VOTE:

__XXX __  __XXX__  __XXX__   GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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 showing his award of the LOM. 

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___        XXX                ___
                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)                                         AR20080007573





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ABCMR Record of Proceedings (cont)                                         AR20080007573



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