IN THE CASE OF:
BOARD DATE: 14 April 2009
DOCKET NUMBER: AR20080012388
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Legion of Merit (LOM).
2. The applicant states, in effect, that the LOM was awarded after his retirement. The applicant also states, in effect, that the certificate was lost for 3 years after he moved. The applicant finally states, in effect, that the award is not listed in the computer-based official military record files.
3. The applicant provides a copy of his DD Form 214 and a copy of his LOM Award Certificate, dated 30 May 1991.
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 record shows that he was commissioned as a second lieutenant and entered active duty on 26 August 1970. The highest rank/pay grade he attained while serving on active duty was lieutenant colonel (LTC)/pay grade O-5.
3. Section III (Awards and Campaigns) of the applicant's Officer Record Brief (ORB) shows he was awarded the Meritorious Service Medal (2nd award), the Army Commendation Medal (2nd award), the National Defense Service Medal (2nd award), the Armed Forces Reserve Medal, the Army Service Ribbon, the Overseas Service Ribbon, and the Expert Field Medical Badge.
4. On 30 April 1991, the applicant retired honorably from active duty after completing a total of 20 years, 8 months, and 5 days of creditable active service. The DD Form 214 that he was issued shows he was awarded the Meritorious Service Medal with oak leaf cluster, the Army Commendation Medal with oak leaf cluster, the National Defense Service Medal with bronze service star, the Armed Forces Reserve Medal, the Army Service Ribbon, the Overseas Service Ribbon, and the Expert Field Medical Badge. His DD Form 214 does not show award of the LOM.
5. The applicant provided a copy of his LOM Award Certificate signed by the Commanding General, U.S. Army Health Services Command, dated 30 May 1991, which shows he was awarded the LOM for exceptionally meritorious conduct in the performance of outstanding services in various positions of great responsibility during the period 21 August 1970 through 30 April 1991.
6. A review of the applicant's official records failed to reveal orders awarding the LOM, the LOM award certificate, or a copy of the DA Form 638 Recommendation for Award) recommending the applicant for the LOM. His ORB does not show award of the LOM.
7. Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents (DD Form 214/5). Item 13 of the DD Form 214 lists awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards). Each entry is verified by the individual's service record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions that his records should be corrected to show award of the LOM were carefully considered and found to be insufficient in merit.
2. The applicant provided a copy of his LOM Award Certificate; however, regulatory guidance requires that each entry on the DD Form 214 be verified by an individual's service record. There is no substantiating evidence in the applicant's records that show he was recommended for and/or awarded the Legion of Merit. Army regulation states that for personal decorations, formal recommendation, approval through the chain of command, and announcement of orders are required. In the absence of orders, there is insufficient evidence to award the applicant the LOM.
3. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant did not submit any evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
____________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) AR20080012388
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080012388
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090021318
The applicant requests that the following corrections be made to his DD Form 215 (Correction to the DD Form 214): * that item 4 (Mailing address) be corrected to show his current address * that item 5 (Original DD Form 214 Is Corrected As Indicted Below) show the Legion of Merit (LOM) with (1st Oak Leaf Cluster) vice "20 Oak Leaf Cluster" * item 7 (Signature Block) be corrected by adding a signature 2. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. As a...
ARMY | BCMR | CY2007 | 20070004965C071029
The evidence of record confirms the applicant received three awards of the BSM, two of which were for meritorious service and third, which was for heroism (valor). The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.
ARMY | BCMR | CY2009 | 20090002685
The applicant requests a second award of the Meritorious Service Medal, the Southwest Asia Service Medal, an additional award of the Army Achievement Medal, and the Kuwait Liberation Medal be added to Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty). There are no orders or other evidence in the applicant's ORB that show he was awarded more than three Army...
ARMY | BCMR | CY2012 | 20120002135
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Legion of Merit (LOM) and the Korean Service Medal, interpreted to mean the Korea Defense Service Medal (KDSM). The applicant provides copies of: * DD Form 214 * Permanent Orders 32-1, dated 31 August 1987, awarding him the LOM * Certificate for award of the LOM, dated 31 August 1987 CONSIDERATION OF EVIDENCE: 1. As a result, the Board recommends that all...
ARMY | BCMR | CY2008 | 20080000644
The applicant provides the following documents in support of his application: Self-Authored Letter, dated 12 December 2007; DD Form 214; Department of the Army (DA) PUC General Orders (GO) Number (#) 25, dated 8 June 2001 and GO # 75, dated 2 December 1969; Officer Qualification Record (DA Form 66); and Headquarters, 4th Infantry Division Special Orders (SO) # 32, dated 1 February 1968. However, the evidence of record confirms his entitlement to one award of the PUC based on his service...
ARMY | BCMR | CY2010 | 20100023672
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharged from Active Duty) for the period ending 30 April 1993 to show award of the Legion of Merit, two Meritorious Service Medals, and five Army Achievement Medals. The available evidence contained in the official record, and provided by the applicant, includes either the actual orders and/or certificates with the orders number for award of the Legion of Merit, two Meritorious Service Medals, and four Army...
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 | CY2007 | 20070014186
She also requests correction to her Officer Record Brief (ORB) to show that she served 12 months in the Republic of Korea instead of 7 months. The applicant states that she received the Army Commendation Medal on 12 September 2007, but it was not recorded on her DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in Item 9 of the applicant's DD Form 214 the entry 1207th USA Hosp (W8KRAA) Bldg 15, 6730...
ARMY | BCMR | CY2009 | 20090019989
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) provides the following: a. the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea from 28 July 1954 to a date to be determined by the Secretary of Defense; b. the Kuwait Liberation Medal awarded by the Kingdom of...
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...