IN THE CASE OF:	  

		BOARD DATE:	       19 May 2009

		DOCKET NUMBER:  AR20080019978 


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, correction of his discharge document to show award of the Legion of Merit.

2.  The applicant states, in effect, he was awarded the Legion of Merit in July 1969; however, the award was not recorded on his discharge document.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 31 July 1969 and Legion of Merit citation, undated.

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.  The applicant’s military personnel records show he enlisted in the Regular Army for a period of 3 years and entered active duty on 26 May 1949.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 0835 (Supply Clerk).  On 1 August 1951, the applicant was honorably discharged for the convenience of the government to accept a commission in the U.S. Army Reserve (USAR).

3.  The applicant’s military personnel records show he was commissioned in the USAR in the grade of second lieutenant and ordered to active duty on 2 August 1951.  The applicant completed the Infantry Officer Candidate Course and airborne training and he was awarded MOS 71542 (Parachutist).

4.  The applicant’s military personnel records contain a DA Form 66 (Officer Qualification Record).

	a.  Item 18 (Record of Assignments) shows he was assigned as Assistant Professor of Military Science (PMS), Detachment 26, 5th U.S. Army Reserve Officers’ Training Corps Instructor Group (USAROTCIG) Senior Division Area, Western Michigan with duty station at the University of Kalamazoo, MI, from 1 November 1966 to 18 January 1968; and then assigned as Assistant PMS, 5th USAROTCIG Senior Division Area 50, Fort Sheridan, IL with duty station at Western Michigan University, Kalamazoo, MI, from 19 January 1968 to 30 July 1969.

	b.  Item 21 (Awards and Decorations) shows he was awarded the Bronze Star Medal with "V" Device, Purple Heart, Commendation Ribbon with Metal Pendant, Army Good Conduct Medal, National Defense Service Medal, Korean Service Medal, United Nations Service Medal, Combat Infantryman Badge, Senior Parachutist Badge, Parachutist Badge, Republic of Korea Presidential Unit Citation, and two overseas service bars.

5.  The applicant's military personnel records contain a DD Form 214 that shows the applicant entered active duty this period on 2 August 1951, was honorably retired from active duty on 31 July 1969, and was placed on the Retired List effective 1 August 1969.  At the time he had completed 17 years, 11 months, and 29 days of net active service this period; 2 years, 2 months, and 6 days of other service; and 20 years, 2 months, and 5 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Bronze Star Medal with "V" Device, Purple Heart, Commendation Ribbon with Metal Pendant, National Defense Service Medal (1st Oak Leaf Cluster), Korean Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Senior Parachutist Badge, Parachutist Badge, Republic of Korea Presidential Unit Citation, and two overseas service bars.

6.  There are no orders or other evidence in the applicant’s military personnel records that show he was awarded the Legion of Merit.

7.  In support of his application, the applicant provides a copy of his DD Form 214 with an effective date of 31 July 1969 and a Legion of Merit citation, undated.  The Legion of Merit citation, in pertinent part, shows the applicant was cited for award of the Legion of Merit for exceptionally meritorious conduct in the performance of outstanding service culminating as Detachment Executive Officer, Department of Military Science, Fifth United States Army Reserve Officers’ Training Corps Instructor Group, Senior Division, Western Michigan University, Kalamazoo, Michigan, from November 1966 to July 1969.

8.  In connection with the processing of this case, coordination was made with the applicant to obtain additional supporting documents (i.e., Legion of Merit award orders and/or certificate) pertaining to his request.  To date, the applicant has failed to provide any additional supporting documents or information.

9.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the Legion of Merit is awarded to individuals who distinguish themselves by exceptionally meritorious conduct in the performance of outstanding services and achievements.  The performance must merit recognition of key individuals for service rendered in a clearly exceptional manner.  Performance of duties normal to the grade, branch, specialty, or assignment and experience of an individual is not an adequate basis for this award.  In peacetime, service should be in the nature of a special requirement or an extremely difficult duty performed in an unprecedented and clearly exceptional manner.  However, justification may accrue by virtue of exceptionally meritorious service in a succession of important positions.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his discharge document should be corrected to show award of the Legion of Merit because he was awarded the Legion of Merit in July 1969; however, the award was not recorded on his discharge document.

2.  The applicant provides a copy of an award citation that shows he was cited for award of the Legion of Merit for exceptionally meritorious conduct in the performance of outstanding service during the period November 1966 to July 1969.

3.  There are no orders or other evidence in the applicant’s military personnel records that show he was awarded the Legion of Merit.

4.  The sincerity of the applicant and authenticity of the document provided in support of his claim are not in question.  However, the Legion of Merit citation alone is insufficient evidence to support correction of the applicant's records.  The Military Awards regulation is clear in that announcement of personal decorations in orders is required.  The evidence of record fails to satisfy this requirement.  Therefore, in view of the foregoing, there is insufficient evidence to support correction of the applicant’s records in this case.

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit 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:

1.  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.



2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20080019978



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ABCMR Record of Proceedings (cont)                                         AR20080019978



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