RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 10 April 2008
DOCKET NUMBER: AR20070015384
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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, in effect, correction of his discharge document to show award of the Legion of Merit.
2. The applicant states, in effect, that his discharge document does not show award of the Legion of Merit because he received the award after his discharge document was issued.
3. The applicant provides a copy of a DA Form 4980-11 (The Legion of Merit) Certificate, dated 16 December 2004.
CONSIDERATION OF EVIDENCE:
1. The applicant's military service records show that he enlisted in the U.S. Army on 12 March 1981 and entered active duty on 7 June 1982. On 10 September 1987, the applicant was appointed a Reserve warrant officer with concurrent call to active duty. He continued to serve on active duty, was appointed a warrant officer in the Regular Army, and attained the rank of chief warrant officer four, effective 1 August 2000. The applicant was honorably retired from active duty on 31 March 2005 and credited with completing 22 years, 9 months, and 25 days of total active Federal service and 24 years, 0 months, and 19 days of service for basic pay.
2. The applicant's military service records contain a copy of a DA Form 4980-11 (The Legion of Merit) Certificate, dated 16 December 2004. This document shows that the applicant was awarded the Legion of Merit for exceptionally meritorious service from 1 May 1995 to 31 March 2005. This document also shows that Lieutenant General Philip R. K________, Jr. approved the award and that Headquarters, Fort Bragg, North Carolina, Permanent Orders 351-2, dated 16 December 2004, promulgated the award.
3. The applicant's military service records contain a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 31 March 2005. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this document shows the applicant was awarded the Defense Meritorious Service Medal
(2nd Award), Meritorious Service Medal (2nd Award), Joint Service Commendation Medal, Army Commendation Medal (6th Award), Joint Service Achievement Medal, Army Achievement Medal (4th Award), Army Good Conduct Medal (2nd Award), National Defense Service Medal (2nd Award), Armed Forces Expeditionary Medal, Armed Forces Service Medal, Army Service Ribbon, Overseas Service Ribbon (3rd Award), and Global War On Terrorism Service Medal.
4. 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.
5. Army Regulation 600-8-22, paragraph 1-18 (Period of award), provides, in pertinent part, that for meritorious service awards, the cited period is limited to the period of service during which the individual served under the recommending command, except in the case of retirement awards and refers the reader to paragraph 1-22.
6. Army Regulation 600-8-22, paragraph 1-22 (Recognition upon retirement), provides, in pertinent part, that each individual approaching retirement may be considered for an appropriate decoration based on his or her grade, years of service, degree of responsibility, and manner of performance. Meritorious service awards may be awarded, upon retirement, which may include periods of service longer than that served in the recommending command. It is recommended that such periods be limited to the last 10 years of service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends, in effect, that his discharge document should be corrected to show award of the Legion of Merit because he was awarded the Legion of Merit, but he received the award after his DD Form 214 was issued.
2. The evidence of record shows the applicant was awarded the Legion of Merit for exceptionally meritorious service from 1 May 1995 to 31 March 2005 and that Headquarters, Fort Bragg, North Carolina, Permanent Orders 351-2, dated
16 December 2004, announced award of the Legion of Merit to the applicant.
The evidence of record also shows that the Legion of Merit is not recorded on the applicantÂ’s DD Form 214 that was issued when he honorably retired from active duty on 31 March 2005. Therefore, it would be appropriate to correct his discharge document to show this award.
BOARD VOTE:
__JTM __ __CAD__ __QAS__ 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 adding the Legion of Merit to Item 13 of the applicantÂ’s DD Form 214.
___John T. Meixell __
CHAIRPERSON
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