RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 26 February 2008
DOCKET NUMBER: AR20070016586
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. Michael J. Fowler
Analyst
The following members, a quorum, were present:
Ms. Linda D. Simmons
Chairperson
Ms. Laverne M. Douglas
Member
Mr. John G. Heck
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 31 July 1992 be corrected to show award of the Legion of Merit (LOM).
2. The applicant states, in effect, that he was awarded the LOM before his retirement and that he did not receive it until after he retired.
3. The applicant provides his DD Form 214 with the period ending 31 July
1992 and Headquarters, United States Army, Europe, and Seventh Army Permanent Order 104-12, dated 17 June 1992.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant had prior active duty service and was honorably released from active duty on 17 October 1969. After a break in service, he enlisted in the Regular Army on 3 May 1974.
3. Headquarters, United States Army, Europe, and Seventh Army Permanent Order 104-12, dated 17 June 1992, shows that the applicant was awarded the LOM for exceptionally meritorious conduct in the performance of outstanding service during the period 24 October 1982 through 1 August 1992.
4. On 31 July 1992, the applicant retired. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 with the ending period 31 July 1992 does not show award of the LOM.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows that the applicant was awarded the LOM. His DD Form 214 with the period ending 31 July 1992 should be amended to add this award.
BOARD VOTE:
__LDS __ __LMD _ __JGH__ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 with the period ending 31 July 1992 in item 13 to add the Legion of Merit.
____Linda D. Simmons__
CHAIRPERSON
INDEX
CASE ID
AR20070016586
SUFFIX
RECON
DATE BOARDED
26 FEBRUARY 2008
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
MR. SHATZER
ISSUES 1.
107.0009.0000
2.
3.
4.
5.
6.
ARMY | BCMR | CY2009 | 20090013881
The applicant requests, in effect, that the Legion of Merit (LOM) be added to DD Form 214 (Certificate of Release or Discharge from Active Duty). The applicant states, in effect, that he was awarded the LOM while serving with the 7th Medical Command (MEDCOM) in Germany, and received the award 1 day prior to departing on terminal leave, which is perhaps why the award was not included on his DD Form 214. This certificate shows the applicant was awarded the LOM for his exceptionally...
ARMY | BCMR | CY2014 | 20140010974
The applicant requests his Legion of Merit (LOM) (2nd Award) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 August 1970. The applicant provides: * his DD Form 214 * a certificate for award of the LOM (2nd Award), dated 7 July 1970 CONSIDERATION OF EVIDENCE: 1. Army Regulation 600-8-22 (Military Awards) states the LOM is awarded to individuals who distinguish themselves by exceptionally meritorious conduct in the performance...
ARMY | BCMR | CY2013 | 20130016539
The applicant requests correction of the Permanent Orders (PO) and resulting certificates awarding him the Legion of Merit (LOM) to show the dates of service as 1 June 1982 through 31 May 1991 instead of 1 June 1982 through 31 May 1992. His retirement award (LOM) shows an incorrect ending date of 31 May 1992 instead of 31 May 1991. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending PO Number 121-8, issued by...
ARMY | BCMR | CY2001 | 2001061442C070421
In response to an earlier request from the applicant that he be provided all foreign service awards for which he was eligible and that these awards and his LOM be recorded on his DD Form 214 for the period ending 31 July 1969, the Board determined on 23 September 1998, that the applicant was authorized to have the following additional awards added to his DD Form 214 for the period ending 31 July 1969. The Board denied adding the LOM since there was no evidence of its award. The applicant...
ARMY | BCMR | CY2004 | 20040007383C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 June 2005 DOCKET NUMBER: AR20040007383 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 record shows he was awarded the MSM on 19 March 1976, for his exceptionally meritorious achievement on 25 April 1975 and a copy of the MSM certificate is on file in his OMPF. The evidence also shows he received the...
ARMY | BCMR | CY2003 | 2003084308C070212
The applicant's DD Form 214 shows the AFEM with two bronze service stars, for qualifying service in Korea and Lebanon, as an authorized award. The evidence of record shows the applicant served a period of qualifying service for award of the AFEM for service in El Salvador. The evidence of record also shows the applicant served a period of qualifying service for award of the AFEM for service in Somalia in support of Operation Restore Hope.
ARMY | BCMR | CY2011 | 20110009760
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 March 2004 to show the Legion of Merit (LOM) and the Global War on Terrorism Service Medal (GWTOSM). He reviewed his DD Form 214 in January 2004 before he had officially been awarded the LOM and the GWOTSM was not fully implemented at the time of his retirement. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2004 | 20040003521C070208
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 | CY2004 | 20040008727C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 July 2005 DOCKET NUMBER: AR20040008727 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. James B. Gunlicks | |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) he was awarded on...
AF | BCMR | CY2013 | BC-2013-01032
After reviewing the evidence provided in support of this appeal, i.e., copies of the LOM certificate and citation and the recommendation of the Air Force office of primary responsibility, we find the applicants DD Form 214 should be corrected to include the LOM. ________________________________________________________________ _ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that the DD Form 214,...