RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 January 2008
	DOCKET NUMBER:  AR20070012576 


	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. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Gerald J. Purcell

Chairperson

Mr. Donald L. Lewy

Member

Mr. David W. Tucker

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 his records to show award of the Legion of Merit.

2.  The applicant states, in effect, that the award was omitted due to an administrative oversight.

3.  The applicant provided a copy of a certificate, dated 6 February 1984, awarding him the Legion of Merit in support of his application.

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.  The applicant was a Regular Army officer who was commissioned through the Reserve Officer's Training Corps (ROTC) as a 2nd lieutenant (2LT)/O-1 on
10 August 1963 in the Ordnance Corps.  He subsequently entered active duty on 5 October 1963 and remained as a commissioned officer until he retired on
29 February 1984 as a lieutenant colonel (LTC)/O-5.  

3.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with four bronze service stars, the Vietnam Campaign Medal, the Air Medal, the Bronze Star Medal, the Vietnam Ordnance Badge, the Vietnam Staff Service Medal First Class, the Joint Service Commendation Medal, two Overseas Service Bars, the Armed Forces Reserve Medal with X year Device, the Vietnam Cross of Gallantry with Palm, the Army Service Ribbon, the Overseas Service Ribbon (two awards), the Army Commendation Medal, and the Meritorious Service Medal.  Item 13 does not show award of the Legion of Merit.
4.  Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record) does not show award of the Legion of Merit.

5.  There are no permanent orders in the applicant's records that show he was awarded the Legion of Merit.

6.  The applicant provided a copy of a certificate, dated 6 February 1984, that shows he was awarded the Legion of Merit for meritorious service while assigned as the Chief, U.S. Army Logistics Assistance Office, U.S. Army Materiel Development and Readiness Command, Fort Gordon, Georgia, from January 1981 to February 1984.  The certificate is authenticated by the Commanding General, U.S. Army Materiel Development and Readiness Command. 

7.  Item 35 (Record of Assignments) of the applicant's DA Form 2-1 shows he was assigned as the Chief, Logistics Assistance Office, Fort Gordon, Georgia, during the period 19 January 1981 through 29 February 1984.

8.  The Army Materiel Command (AMC) was designated the U.S. Army Materiel Development and Readiness Command (DARCOM) on 23 January 1976 to symbolize the change to a more corporate structure.  However, under a new Commanding General who opted for a more military structure, Directorates were renamed Deputy Chiefs Of Staff and the name DARCOM was changed back to the US Army Materiel Command (AMC) on 1 October 1985.

9.  A staff officer at Headquarters, Army Materiel Command (AMC), stated that permanent orders awarding military personnel awards and decorations for achievement or service are no longer maintained at Headquarters, AMC.

10.  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.

DISCUSSION AND CONCLUSIONS:

1.  It appears that when the applicant submitted his request for retirement effective 29 February 1984, he requested 60 days of transition leave, to start on 1 January 1984.  His Legion of Merit award was approved on 6 February 1984, after he had signed out the unit; a common practice in large Army organizations with several layers of staff officers at the headquarters.

2.  It is very likely that the applicant's DD Form 214 was completed prior to the approval date of his award and the applicant was either presented this award after having signed out of his unit or while on transition leave.  It is also very likely that if this award was presented during a formal ceremony, he received the certificate only without the permanent orders.

3.  The period covered as shown on the certificate is consistent with the applicant's assignment as shown on his DA Form 2-1.  Additionally, the narrative on the certificate provided by the applicant seems to be very consistent with the rating he received on several of his Officer Evaluation Reports (OER) while serving as the Chief, U.S. Logistics Assistance Officer, Fort Gordon, Georgia.  The fact that he was rated as "top block" by his senior rater on his last four OERs shows that he had exceptional duty performance.  As such, a Legion of Merit would have been an appropriate award for the applicant's retirement.

4.  In view of the foregoing, the applicant is entitled to correction of his records to show award of the Legion of Merit. 

BOARD VOTE:

__gjp___  __dll___  __dwt___  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.  awarding the applicant the Legion of Merit for meritorious service from January 1981 to February 1984; and

	b.  showing award of the Legion of Merit on his records.



							Gerald J. Purcell
	______________________
          		CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
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.