RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           27 October 2005
      DOCKET NUMBER:  AR20050005907


      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. Antoinette Farley             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Allen L. Raub                 |     |Member               |
|     |Ms. Linda D. Simmons              |     |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 that the Legion of Merit be added to his DD Form
214 (Certificate of Release or Discharge from Active Duty), dated 31
January 2002.  The applicant also requests the Legion of Merit Certificate
be corrected to show "1 January 1972 through 31 January 2002" as the period
for the award.

2.  The applicant states that the Legion of Merit was omitted from his DD
Form 214 at his retirement.

3.  The applicant provides a copy of a DA Form 638 (Recommendation for
Award), dated 7 September 2001 and a award certificate for the Legion of
Merit, dated 14 January 2002; a copy of his retirement orders, dated 22
April 2001; and a copy of his DD Form 214, dated 31 January 2002.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 January 2002.  The application submitted in this case is
dated 15 April 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  Headquarters, I Corps, Fort Lewis, Washington Orders 112-0003, dated
22 April 2001, shows that the applicant initially enlisted in the Regular
Army on 11 January 1972.  The applicant’s record shows he reenlisted in the
Regular Army on 5 February 1986 and was appointed as a Reserve warrant
officer on 5 February 1988.  The applicant continued to serve on active
duty until he was released from active duty on 31 January 2002 and placed
on the retired list.  The applicant retired in the rank of chief warrant
officer four after completing 30 years of creditable active service.

4.  The applicant's DD Form 214 for the period ending 31 January 2002 does
not show he was awarded the Legion of Merit.



5.  DA Form 638, dated 14 January 2002, shows Headquarters, U.S. Army
Reserve Command, Fort McPherson, Georgia Permanent Order Number
014-001, dated 14 January 2002, authorized the applicant the Legion of
Merit for meritorious service for the period 1 February 1992 to 31 January
2002.

6.  The applicant provided a certificate dated, 14 January 2002, which
shows he was awarded the Legion of Merit.  This award certificate shows the
applicant was awarded the Legion of Merit for 30 years of distinguished
service.  However, the certificate shows the period of service as 1
February 1992 through 31 January 2002.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to correction of his records to
show award of the Legion of Merit.  Permanent orders show the applicant was
awarded the Legion of Merit.  Therefore, this award should be added to his
DD Form 214 for the period ending 31 January 2002.

2.  The applicant also contends the certificate for award of the Legion of
Merit contains inaccurate dates.  Evidence of records show the applicant
was recommended and approved for award of the Legion of Merit for the
period 1 February 1992 to 31 January 2002.  There is no evidence and the
applicant has not provided sufficient evidence to show the dates of the
award certificate are inaccurate.  Therefore, the applicant's award
certificate for the Legion of Merit is correct as currently constituted and
there is no basis to grant the correction requested.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 January 2002; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 30 January 2005.  The applicant did not file within
the 3-year statute of limitations. However there is sufficient evidence to
show it would be in the interest of justice to excuse failure to timely
file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_AR____  __MM___  __LS____  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 and to excuse failure to timely
file.  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 on his DD Form 214 for the period from 1 February 1992 to
31 January 2002.

2.  The Board further determined that the evidence presented is
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 the award certificate for the Legion of Merit.




            __Melvin H. Meyer__
                    CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005907                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051103                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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