IN THE CASE OF:	  

		BOARD DATE:	  6 August 2015

		DOCKET NUMBER:  AR20140021150 


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 (Certificate of Release or Discharge from Active Duty) to show the Legion of Merit (LOM) (4th Award).

2.  The applicant states he believes the error occurred because of the brief time span between the third and fourth awards.  

3.  The applicant provides citation with order number for his fourth LOM and his 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.  On 31 August 2002, the applicant retired from the Regular Army as a colonel with more than 27 years of active duty service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows his awards include the LOM (3rd Award).

3.  The applicant’s iPERMS (Interactive Personnel Electronic Records Management System) records contain – 

* Permanent Orders 155-1 awarding him the LOM for the period 25 June 1995 to 1 July 1997
* Citation for the LOM for the period 18 July 1997 to 16 July 1999
* DA Form 638 (Recommendation for Award) showing he was awarded the LOM for the period 29 July 1999 to 15 July 2001 by Headquarters, U.S. Army Forces Command Permanent Orders Number 150-2, dated 30 May 2001 (Note:  This document correctly identifies this as the Legion of Merit (2OLC)
* Citation (with orders number) for the LOM for the period 1 September 1992 to 31 August 2002. 

DISCUSSION AND CONCLUSIONS:

1.  His iPERMS record shows the applicant was clearly awarded four LOMs.  It is possible the DD Form 214 entry LOM "(3rd Award)" is a typographical error.  It is also possible that the DA Form 638 entry that shows the LOM "2OLC" was misinterpreted as the second award.   

2.  In any case, the DD Form 214 should be corrected as recommended below.  

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.  deleting "Legion of Merit (3rd Award)" from the authorized awards listed in item 13 of his DD Form 214 and 
   
   b.  adding Legion of Merit (4th 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)                                         AR20140021150





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ABCMR Record of Proceedings (cont)                                         AR20140021150



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