RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  31 July 2007
	DOCKET NUMBER:  AR20070001400 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Paul Wright

Analyst

The following members, a quorum, were present:


Ms. Jeanette R. McCants

Chairperson

Mr. Thomas M. Ray

Member

Mr. Jeffrey C. Redmann

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 the Legion of Merit and two awards of the Joint Meritorious Unit Award (JMUA) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states these awards were earned while he was assigned to the Defense Intelligence Agency (DIA).  The Legion of Merit was awarded and received after his retirement and thus not added to his DD Form 214.  The Defense Intelligence Agency (and assigned personnel) was awarded the JMUA on 22 July 1991 for achievement from 1 August 1990 to 1 March 1991, and another JMUA was awarded 29 August 1994 covering 1 July 1992 to 1 June 1994.  He was assigned to the DIA from July 1988 to June 1993 on 3 successive assignments.

3.  The applicant provides a copy of his retirement orders dated 16 April 1993, a copy of assignment orders dated 2 November 1992, a copy of a JMUA Citation dated 29 August 1994, a copy of Officer Record Brief, a copy of orders dated 
18 August 1994 awarding the Legion of Merit, a copy of the Legion of Merit Certificate dated 21 July 1994, a web page with JMUA Citation dated 22 July 1991, a copy of a JMUA Citation dated 22 July 1991, a web page with JMUA Citation dated 29 August 1994, and a copy of his DD Form 214 for the period ending on 30 June 1993.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 30 June 1993.  The application submitted in this case is dated 
25 January 2007.

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 limitations 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.  The applicant was commissioned as a Regular Army officer after graduation from the United States Military Academy, West Point, New York on 8 June 1966. He served continuously on active duty until his retirement on 30 June 1993.
4.  Permanent Orders 130-2, dated 18 August 1994, published by U.S. Total Army Personnel Command, Alexandria, Virginia awarded the Legion of Merit to the applicant for the period 19 November 1992 to 20 May 1993.

5.  Army Regulation 600-8-22 (Military Awards) 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. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  There are regulatory provisions for lost recommendations but not for late recommendations, reconsideration, nor for upgrading to a more prestigious award.

6.  DOD Instruction 1348.33 (Military Awards Program) provides, in pertinent part, that the Joint Meritorious Unit Award was authorized by the Secretary of Defense on 10 June 1981.  It is awarded to recognize joint units and activities for meritorious achievement or service, superior to that which is normally expected.  Qualifying achievements must be superior to that which is expected under conditions of combat with an armed enemy of the United States, a declared national emergency situation or extraordinary circumstances and should be operational in nature.  The Joint Meritorious Unit Award may not be awarded to any DOD activity which has received any other unit award for the same achievement or period of service.  An oak leaf cluster is authorized for wear for each additional award of the Joint Meritorious Unit Award.

DISCUSSION AND CONCLUSIONS:

1.  Permanent Orders awarded the applicant the Legion of Merit.  Therefore, he is entitled to a correction of his records to have this award added to his DD Form 214.



2.  A member of the Board's staff contacted the Joint Service Awards at The Pentagon and was advised that orders are published for all Joint awards.  However, the two awards of the JMUA the applicant is requesting are not available at the present time because the orders data base is being converted from one format to another format.  Consequently, they are unable to verify if orders were actually published for these two awards of the JMUA.  The web page version of the citation of the two awards supplied by the applicant has the award improperly spelled in both instances.  But the non-web page version of the citation is properly spelled.

3.  The available records indicate the applicant was assigned to the Defense Intelligence Agency during the time frame for which the two awards of the Joint Meritorious Unit Award were authorized.  As an exception to policy, it would be appropriate to accept the non-web page version of the two citations as being valid and give the applicant the awards of the JMUA.  Therefore, he is entitled a correction of his records to add these two awards to his DD Form 214.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 30 June 1993; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
29 June 1996.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

__jrm___  __tmr___  __jcr___  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 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 adding the Legion of Merit and the Joint Meritorious Unit Award with Oak Leaf Cluster to his DD Form 214 for the period ending
30 June 1993.



						Jeanette R. McCants
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070001400
SUFFIX

RECON

DATE BOARDED
20070731
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0009
2.
107.0032
3.

4.

5.

6.