RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 October 2005
DOCKET NUMBER: AR20050000449
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 |
| |Ms. Prevolia A. Harper | |Analyst |
The following members, a quorum, were present:
| |Mr. Ted S. Kanamine | |Chairperson |
| |Mr. Patrick H. McGann, Jr. | |Member |
| |Ms. Carol A. Kornhoff | |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 correction of her DD Form 214 (Certificate of
Release or Discharge from Active Duty) to show award of the Legion of
Merit.
2. The applicant states that she did not received the Legion of Merit
prior to her retirement.
3. The applicant provides a DA Form 638 (Recommendation for Award), dated
19 July 2004 in support of her application.
CONSIDERATION OF EVIDENCE:
1. The applicant’s records show that she attended the United States
Military Academy at West Point and was commissioned as a second lieutenant
on 26 May 1982. The applicant served continuously on active duty. She
retired on 30 September 2004 in the grade of lieutenant colonel after
completing 20 years and 4 months of creditable active service.
2. The applicant’s DD Form 214 shows in item 13 (Decorations, Medals,
Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) that she earned the following awards: Meritorious Service
Medal (3rd Award); Army Commendation Medal (2nd Award); Army Achievement
Medal; National Defense Service Medal (2nd Award); Global War on Terrorism
Service Medal; Armed Forces Reserve Medal (1st Hourglass Device); and the
Army Service Ribbon. The Legion of Merit is not among awards listed.
3. There are no orders in the available records authorizing award of the
Legion of Merit.
4. The applicant provided a DA Form 638 which shows she was recommended
for the Legion of Merit for the period 1 October 1994 to 30 September 2004.
The commanding general of the United States Army Reserve Command approved
the award on 7 October 2004.
5. Army Regulation 600-8-22 states, in pertinent part, that the Legion of
Merit is awarded to individuals who distinguish themselves by exceptionally
meritorious conduct in the performance of outstanding services and
achievements. The performance must merit recognition of key individuals
for service rendered in a clearly exceptional manner. Performance of
duties normal to the grade, branch, specialty or assignment and experience
of an individual is not an adequate basis for this award. In peacetime,
service should be in the nature of a special requirement or an extremely
difficult duty performed in an unprecedented and clearly exceptional
manner. However, justification may accrue by virtue of exceptionally
meritorious service in a succession of important positions. As with all
personal decorations, formal recommendations, approval through the chain of
command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. The Legion of Merit award recommendation and approval provided by the
applicant is obviously a retirement award, and its validity is sufficiently
corroborated by information on file in her Official Military Personnel File
to support granting the requested relief.
2. The DA Form 638 shows she was awarded the Legion of Merit for
exceptionally meritorious service from 1 October 1994 to 30 September 2004.
This award was approved and signed by the commanding general, United
States Army Reserve Command on 7 October 2004, and it appears it was not
received by out-processing personnel in sufficient time to be added to her
final separation document. Therefore, it would be appropriate to add it to
her
DD Form 214 at this time.
BOARD VOTE:
__TSK_ _ __PHM__ __CAK __ 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
showing she was awarded the Legion of Merit for the period 1 October 1994
to 30 September 2004.
____ Ted S. Kanamine_____
CHAIRPERSON
INDEX
|CASE ID |AR20050000449 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20051013 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |(NC, GRANT , DENY, GRANT PLUS) |
|REVIEW AUTHORITY | |
|ISSUES 1. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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