IN THE CASE OF:	  

		BOARD DATE:	  12 November 2008

		DOCKET NUMBER:  AR20080012380


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, in effect, reconsideration of his earlier petition requesting the Legion of Merit (LOM) he received upon retirement be added to the list of awards contained on his separation document (DD Form 214, Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, that he believes the proper award paperwork did not get included in his record due to clerical error.  He is providing photographs of his retirement parade to show he received the LOM and indicates it is highly unlikely that the official who participated in his retirement parade would have done so if the proper paperwork had not been completed.

3.  The applicant provides an LOM certificate and photographs of his retirement parade in support of his reconsideration request.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070009194 on 15 November 2007.

2.  During its original review of the case, the Board found no evidence to corroborate the information contained on the LOM certificate provided by the applicant and determined the LOM certificate in and of itself was not sufficient to support granting the requested relief as a result.

3.  The applicant now resubmits his LOM certificate and provides photographs of his retirement parade that show he was awarded the LOM during the ceremony conducted for his retirement.

4.  The applicant’s record confirms that on 30 June 1987 he was honorably retired in the rank of colonel after completing 20 years, 5 months, and 1 day of active military service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued upon his retirement shows he earned the following awards during his active duty tenure:  Bronze Star Medal, National Defense Service Medal, Vietnam Service Medal with 3 bronze service stars, Army Service Ribbon, Republic of Vietnam Campaign Medal, Presidential Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal Unit Citation, Combat Infantryman Badge, Combat Medical Badge, and Parachutist Badge.

5.  The applicant’s Personnel Qualification Record (DA Form 2-1) shows in item 35 (Record of Assignments) that his last duty assignment before retirement was as the Chief, Ophthalmology Service, Letterman Army Medical Center, Presidio of San Francisco, California.

6.  The applicant provides an LOM Certificate that shows that upon his retirement he was awarded the LOM for his exceptionally meritorious service in various positions of great responsibility during the period of 30 June 1977 to 30 June 1987, his last being as the Chief, Ophthalmology Service, Letterman Army Medical Center, Presidio of San Francisco, California.  He also now provides as new evidence photographs of his retirement parade that show his official retirement ceremony which includes photographs of his being awarded and wearing the LOM.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains instructions for preparing the DD Form 214.  The instructions for item 13 indicate that all awards and decorations for all periods of service should be listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s reconsideration request was carefully considered and found to have merit.  Although the LOM award recommendation (DA Form 638, Recommendation for Award) and LOM orders are not included in his Official Military Personnel File (OMPF), the applicant’s claim that this was the result of clerical error and that he, in fact, was awarded the LOM upon his retirement is now sufficiently corroborated by the independent evidence he now submits and by entries on his qualification record.

2.  Item 35 of the applicant’s DA Form 2-1 confirms his last duty assignment was as the Chief, Ophthalmology Service, Letterman Army Medical Center, which is the position identified as his last position on the certificate he provides that shows he received the LOM as a retirement award based on his performance in various positions of great responsibility over a 10-year period.  Further, the photographs of his retirement ceremony he now submits include photographs of his being awarded and wearing the LOM, which are sufficiently credible to corroborate the information contained on the LOM Certificate and his claim that he was awarded the LOM upon retirement.

3.  It appears there is sufficient evidence to support a conclusion that the applicant’s LOM was not approved and returned in sufficient time for the award recommendation and award orders to be included in his OMPF, or for the LOM to be added to the list of awards contained in item 13 of his final DD Form 214, which is not an uncommon occurrence for retirement awards.  Therefore, it would be appropriate and serve the interest of justice and equity to correct the applicant’s separation document by adding the LOM to item 13 at this time.

BOARD VOTE:

____x___  ___x____  ___x____  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 amendment of the ABCMR’s decision in Docket Number AR20070009194, dated 15 November 2007.  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 the list of awards contained in item 13 of his 30 June 1987 

DD Form 214 and by providing him a correction to his separation document that includes this change.



      _________x________________
                 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)                                         AR20080012380



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ABCMR Record of Proceedings (cont)                                         AR20080012380



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