IN THE CASE OF:	  

		BOARD DATE:	        21 October 2008

		DOCKET NUMBER:  AR20080009363 


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 his records to show his date of birth (DOB) as 6 July 1936 instead of 7 June 1930, and to show award of the Legion of Merit and the State of Michigan Legion of Merit.  

2.  The applicant states that his DD Form 214 (Certificate of Release from Active Duty) contains administrative errors and omitted his awards.  

3.  The applicant provided a copy of letter, dated 3 December 1997, to the National Personnel Records Center; a copy of a certificate, dated 1 May 1988, showing award of the Legion of Merit; and a copy of a certificate, dated 8 June 1977, showing award of the State of Michigan 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.  On 24 December 1997, the applicant was issued a DD Form 215 (Correction to the DD Form 214), that corrected Item 5 (Date of Birth) of his DD Form 214, dated 31 May 1988 from 7 June 1930 to 6 July 1936.  The applicant was provided a copy of the DD Form 215 separately.  Accordingly, the DOB issue will not be further discussed in this Record of Proceedings.

3.  The applicant is a retired command sergeant major (CSM) who enlisted in the Regular Army on 29 May 1958 and held several staff and leadership positions in his armor military occupational specialty (MOS), and he was placed on the Retired List in his retired rank/grade of CSM/E-9 on 1 June 1988.

4.  Item 13 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, dated 31 May 1988, shows he was awarded the Defense Meritorious Service Medal, the Vietnam Service Medal with two bronze service stars, the Army Service Ribbon, the Army Commendation Medal, the Bronze Star Medal (1st Oak Leaf Cluster), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Humanitarian Service Medal (2nd Award), the Meritorious Service Medal (1st Oak Leaf Cluster), the Good Conduct Medal (8th Award), the Army Service Ribbon, the Overseas Service Ribbon (2nd Award), the Noncommissioned Officer’s Professional Development Ribbon with numeral 5, the Combat Infantryman Badge (2nd Award), and the Expert Marksmanship Qualification Badges with Rifle (M-16) and Pistol (.45 Caliber) Bars.  Item 13 does not show award of the Legion of Merit.

5.  Headquarters, U.S. Army Training and Doctrine Command, Fort Monroe, Virginia, Permanent Orders Number 35-1, dated 11 April 1988, show the applicant was awarded the Legion of Merit for exceptionally meritorious conduct in the performance of outstanding service, from 1 June 1978 to 31 May 1988.

6.  The applicant submitted a copy of a certificate, issued by the Department of Military Affairs of the State of Michigan, on 8 June 1977, that shows he was presented with the State of Michigan Legion of Merit for performance as an Army advisor, 1st Battalion, 246th Armor, Michigan Army National Guard (MIARNG), from 1 May 1975 to 25 May 1977.




7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  It also states, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Item 13 of the version in effect at the time lists awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the Legion of Merit for exceptionally meritorious conduct in the performance of outstanding services, which is not shown in his records; therefore, he is entitled to correction of his records to show this award.   

2.  With respect to the applicant’s State of Michigan Legion of Merit award, the DD Form 214 lists only those awards authorized in Army Regulation 600-8-22.  The State of Michigan Legion of Merit is not an authorized Department of the Army award; therefore, there is no provision to list this award on the 
DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  __X_____  __X_____  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 partial 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.


2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the State of Michigan Legion of merit.



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      _______ _   _______   ___
               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)                                         AR20080009363



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ABCMR Record of Proceedings (cont)                                         AR20080009363



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