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ARMY | BCMR | CY2004 | 20040011526C070208
Original file (20040011526C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 August 2005
      DOCKET NUMBER:  AR20040011526


      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.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Ronald DeNoia                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Ms. Linda M. Barker               |     |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 award of the Legion of Merit (LOM).

2.  The applicant states he received the LOM but it was not entered on his
DD Form 214 (Certificate of Release or Discharge from Active Duty).

3.  The applicant provides a DD Form 214 with a separation date of 30 April
2002 and a Legion of Merit Certificate, dated 24 April 2002.

CONSIDERATION OF EVIDENCE:

1.  The applicant entered active duty on 22 October 1976.  He served as a
Motor Transport Operator and as a Recruiter during his career.  He retired
on 30 April 2002, in the rank of First Sergeant, with over 25 years of
active service.

2.  The applicant's DD Form 214 does not show award of the LOM.

3.  The applicant has provided a copy of the LOM Certificate that was
presented to him on 24 April 2002, six days before he retired.

4.  The applicant's Official Military Personnel File (OMPF) contains an
official copy of the LOM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided a copy of the LOM that was presented to him
six days prior to his retirement.  It appears that it was not issued in
time for it to be entered on the DD Form 214.

2.  The applicant's OMPF contains the official copy of the LOM which
verifies the applicant's entitlement to this award.  Therefore, the
applicant is entitled to correction of his records to show award of the
LOM.









BOARD VOTE:

__mkp___  __reb___  __lmb___  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
showing award of the Legion of Merit.



                                  Margaret K. Patterson
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011526                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050825                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0009                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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