BOARD DATE:  24 January 2013

		DOCKET NUMBER:  AR20120013384 


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, in effect, that the Legion of Merit be added to his 
DD Form 214 (Certificate of Release or Discharge from Active Duty) and the general orders (hereafter referred to as orders) be amended to show his correct social security number (SSN).

2.  The applicant states he received the Legion of Merit packet shortly after his retirement from the Army.  He recalls the packet included orders with his name on it, but the SSN was incorrect.  

3.  The applicant provides:

* DA Form 638 (Recommendation for Award) showing award of the Legion of Merit
* DD Form 214

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 is a retired Regular Army lieutenant colonel.

3.  He retired on 31 December 1997.  His DD Form 214 does not show the Legion of Merit. 

4.  The DA Form 638 shows that the Defense Intelligence Agency, Bolling Air Force Base, Washington D.C, issued Orders Number 051-2 on 20 February 1998 awarding him the Legion of Merit.  

5.  His available records do not include a copy of the orders; however, he did provide a copy.  The SSN as shown on the orders (DA Form 638, Part V (Orders Data)) matches the SSN used throughout his records and on his application.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Legion of Merit which is not shown on his 
DD Form 214.  He is entitled to correction of his DD Form 214 to show this award. 

2.  The applicant's request to amend the SSN on the LOM orders to reflect his correct SSN was considered.  The applicant has not provided sufficient evidence and his record is void of evidence which shows the SSN listed on the DA Form 638 is incorrect.  As such, there is no effective relief for this portion of his request.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  ___x_____  ___x__  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Legion of Merit to his DD Form 214.

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correction of his SSN.  



      __________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)                                         AR20120008598



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ABCMR Record of Proceedings (cont)                                         AR20120013384



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