IN THE CASE OF:
BOARD DATE: 19 June 2008
DOCKET NUMBER: AR20080005144
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. 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.
2. The applicant states that the award was approved after her DD Form 214 was completed.
3. The applicant provided a copy of permanent orders and certificate showing award of the Legion of Merit in support of her 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 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's records show she was an Army Medical Department (AMEDD) Officer who entered military service on 13 June 1977 and was retired in the rank of lieutenant colonel on 1 April 1994.
3. Item 13 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows she was awarded the Bronze Star Medal, the Meritorious Service Medal (3rd Oak Leaf Cluster), the Army Commendation Medal, the Army Achievement Medal, the National Defense Service Medal with service star, the Vietnam Service Medal, the Armed Forces Reserve Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Republic of Vietnam Campaign Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Item 13 does not show award of the Legion of Merit.
4. Headquarters, U.S. Army Medical Command, Fort Sam Houston, Texas, Permanent Orders 142-4, dated 15 December 1994, show the applicant was awarded the Legion of Merit for exceptionally meritorious conduct in the performance of outstanding services, from 1 March 1984 to 28 February 1994.
DISCUSSION AND CONCLUSIONS:
Permanent orders awarded the applicant the Legion of Merit for exceptionally meritorious conduct in the performance of outstanding services, which is not shown on her records; therefore, she is entitled to correction of her records to show this award.
BOARD VOTE:
__XXX __ __XXX__ __XXX__ 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 showing award of the Legion of Merit in Item 13 of the applicants DD Form 214, dated 31 March 1994.
___ XXX ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080005144
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ABCMR Record of Proceedings (cont) AR20080005144
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