Search Decisions

Decision Text

ARMY | BCMR | CY2007 | 20070014076
Original file (20070014076.TXT) Auto-classification: Denied


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  4 April 2008
	DOCKET NUMBER:  AR20070014076 


	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. Eric N. Anderson

Chairperson

Mr. Peter B. Fisher

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 correction of his records to show award of the Legion of Merit.

2.  The applicant states his DD Form 214 (Certificate of Release or Discharge from Active Duty) was completed before the approved award was returned.

3.  The applicant provides a copy of Certificate, dated 9 May 2005, showing award of the Legion of Merit.

CONSIDERATION OF EVIDENCE:

1.  The applicant is a retired air defense artillery sergeant major who entered the Regular Army on 14 January 1972 and was placed on the Retired List on 30 September 2005. 

2.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Legion of Merit, the Bronze Star Medal, the Meritorious Service Medal (3rd Award), the Army Commendation Medal (3rd Award), the Army Achievement Medal (7th Award), the Valorous Unit Award, the Good Conduct Medal (9th award), the National Defense Service Medal (3rd award), the Global War on Terrorism Service Medal), the Southwest Asia Service Medal with three bronze service stars, the Noncommissioned Officer Professional Development Ribbon (4th Award), the Army Service Ribbon, the Overseas Service Ribbon (5th Award), the Kuwait Liberation Medal (SA), the Kuwait Liberation Medal (K), and the Parachutist Badge.

3.  The applicant provided a Department of the Army Certificate for award of the Legion of Merit, dated 9 May 2005.  This certificate shows that the applicant was awarded the Legion of Merit for meritorious service while assigned to the U.S. Army Garrison, Fort Bliss, Texas, and other positions from October 1995 to September 2005.  This certificate is authenticated by a division level commander and contains the order number 129-12.

4.  The applicant's records do not contain orders showing he was awarded a second award of the Legion of Merit. 

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.  The first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Legion of Merit. 

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was awarded the Legion of Merit on 9 May 2005 for meritorious service from October 1995 to September 2005 and that this award is shown on his DD Form 214.  There is no evidence in the available record and the applicant did not provide any evidence that shows he was awarded a second award of the Legion of Merit.

2.  In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit evidence that would satisfy that requirement.  Therefore, he is not entitled to relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__ena___  __pbf___  __jcr___  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




							Eric N. Anderson
______________________
          CHAIRPERSON

Similar Decisions

  • ARMY | BCMR | CY2004 | 20040003521C070208

    Original file (20040003521C070208.doc) Auto-classification: Approved

    Linda M. Barker | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states, in effect, that the LOM he was awarded in conjunction with his retirement was never added to the list of awards contained in Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214. DISCUSSION AND CONCLUSIONS: The evidence of record includes a copy of orders awarding the applicant...

  • ARMY | BCMR | CY2006 | 20060005684C070205

    Original file (20060005684C070205.doc) Auto-classification: Approved

    The applicant requests, in effect, correction of his discharge document to show award of the Meritorious Service Medal and Combat Action Badge. The applicant contends, in effect, that his discharge document should be corrected to show that he was awarded the Meritorious Service Medal and Combat Action Badge because he received orders, but the awards are not recorded on his DD Form 214. The evidence of record shows that the applicant was awarded the Meritorious Service Medal based upon his...

  • ARMY | BCMR | CY2009 | 20090003806

    Original file (20090003806.txt) Auto-classification: Denied

    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. In the absence of orders, there is insufficient evidence to award the applicant the Legion of Merit. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual...

  • ARMY | BCMR | CY2005 | 20050004273C070206

    Original file (20050004273C070206.doc) Auto-classification: Approved

    Michael J. FlynnD | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that the Legion of Merit (LOM) and Global War on Terrorism Service Medal (GWOTSM) be added to his record. DISCUSSION AND CONCLUSIONS: The evidence of record includes an LOM recommendation and Certificate that confirm the applicant was awarded the LOM on 21 April 2003.

  • ARMY | DRB | CY2005 | 20050006691

    Original file (20050006691.doc) Auto-classification: Approved

    The applicant requests, in effect, that he be provided orders showing he went to the Gulf War in 1991, orders showing his unit received the Presidential Unit Citation and that he be advised how many campaign stars he is entitled to for his service in Southwest Asia. The applicant's military personnel records jacket (MPRJ) was not available to the Board to determine if orders for his deployment and redeployment to the Persian Gulf were available. A review of the applicant's official...

  • ARMY | BCMR | CY2006 | 20060001243C070205

    Original file (20060001243C070205.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 September 2004 DOCKET NUMBER: AR20060001243 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. The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the award of six Army Achievement Medals (AAMs), the Southwest Asia Service Medal,...

  • ARMY | BCMR | CY2005 | 20050000449C070206

    Original file (20050000449C070206.doc) Auto-classification: Approved

    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. 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 DA Form 638 shows she was awarded the Legion of Merit for exceptionally meritorious service from 1 October 1994 to...

  • ARMY | BCMR | CY2005 | AR20050016534C070206

    Original file (AR20050016534C070206.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 06 JULY 2006 DOCKET NUMBER: AR20050016534 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. The evidence of record also shows that while serving in the GAARNG, he was ordered to State active duty to support relief efforts during the Southeast Flood Disaster Relief Operation that was approved by the DOD...

  • ARMY | BCMR | CY2006 | 20060001259C070205

    Original file (20060001259C070205.doc) Auto-classification: Approved

    The applicant requests, in effect, correction of his records to show that he was awarded the Army Good Conduct Medal, the Army Commendation Medal (ARCOM), the Army Achievement Medal (AAM), and the Cold War Recognition Certificate. He also requests that he be awarded any additional awards and medals to which he is entitled based on his service and that item 5 (Overseas Service), of his DA Form 2-1 (Personnel Qualification Record – Part II), be corrected to show that he served 5 months in...

  • ARMY | BCMR | CY2009 | 20090009657

    Original file (20090009657.txt) Auto-classification: Approved

    The applicant requests, in effect, correction to Item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his two deployments and his award of the Combat Infantryman Badge and the Army Commendation Medal (3rd Award). The evidence submitted by the applicant confirms he was awarded the Combat Infantryman Badge on 15 December 2003 for participating in combat operations on 5 December 2003 to liberate Iraq; however, this award is not shown on his DD...