IN THE CASE OF:
BOARD DATE: 19 MARCH 2009
DOCKET NUMBER: AR20090000639
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 essentially requests reconsideration of his request to correct his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Legion of Merit.
2. The applicant states that he has now obtained the actual orders awarding him the Legion of Merit.
3. The applicant provides a letter, dated 26 November 2007, from the Army Board for Correction of Military Records (ABCMR); his previous ABCMR decision; and military records which were summarized in the previous decision. He also provides orders, dated 18 May 1987, which awarded him the Legion of Merit.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicants case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070009194 on 15 November 2007.
2. In the previous ABCMR proceedings, the applicant's request to have his military records corrected to show the award of the Legion of Merit was denied primarily because there were no orders available awarding him the Legion of Merit.
3. The applicant now provides as new evidence Headquarters, United States Army Health Services Command, Fort Sam Houston, Texas Permanent Orders Number 33-3, dated 18 May 1987, which awarded him the Legion of Merit and warrants reconsideration.
4. Army Regulation 600-8-22 (Military Awards) provides, 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 that his request for correction of his DD Form 214 to show award of the Legion of Merit should be reconsidered.
2. Permanent Orders 33-3, dated 18 May 1987, awarded the applicant the Legion of Merit, but it is not listed on his DD Form 214 that was issued, on 30 June 1987, at the time of retirement. Therefore, he is entitled to correction of his DD Form 214 to show the award of the Legion of Merit.
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 ABCMRs 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 his DD Form 214, issued on 30 June 1987.
_______ _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) AR20090000639
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090000639
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120021321
The applicant provides: * DD Form 214 for the period ending 31 July 1969 * DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 1 August 1951 * Legion of Merit citation * photos of the Legion of Merit, Purple Heart, Bronze Star Medal, and Army Commendation Medal with his name engraved on the reverse side of the medals CONSIDERATION OF EVIDENCE: 1. The Legion of Merit is awarded to individuals who distinguish themselves by exceptionally...
ARMY | BCMR | CY2008 | 20080012118
Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows all the awards he was authorized; however, it does not show the award of the Legion of Merit. 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 to award him the Legion of Merit. _________X_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the...
ARMY | BCMR | CY2008 | 20080012380
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). 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...
ARMY | BCMR | CY2008 | 20080015059
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. However, there is no evidence in the available records and the applicant did not provide any substantiating evidence that shows he was recommended for and/or awarded the Legion of Merit. Therefore, the Board determined that the overall merits of...
ARMY | BCMR | CY2009 | 20090003806
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. In the absence of orders, there is insufficient evidence to award the applicant the Legion of Merit. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual...
ARMY | BCMR | CY2011 | 20110011875
The applicant requests correction of his records to show award of the Legion of Merit. The applicant contends his records should be corrected to show he was awarded the Legion of Merit because he was presented the award while serving in Korea, the award was added to a DD Form 214 he received in 1987, but the award does not now appear in his military service records. There are no orders or any other Army records that show the applicant was awarded the Legion of Merit or that he was...
ARMY | BCMR | CY2008 | 20080018769
There is no evidence in the applicants personnel records which shows that the applicant was recommended for or awarded the Legion of Merit. No evidence was found in the applicant's service personnel record to show he was awarded the Legion of Merit; therefore, there is insufficient evidence available to support addition of this award to his DD Form 214. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the...
ARMY | BCMR | CY2009 | 20090007477
The applicant provides in support of his application a self-authored statement; a copy of his DD Form 214; a copy of an LOM Award Certificate, dated 14 November 1996; a copy of a DA Form 638 (Recommendation for Award), dated 4 October 1996 and the narrative; and a DD Form 215 (Correction to DD Form 214), dated 6 March 2007, which shows his DD Form 214 was corrected to add the Korea Defense Service Medal and the Armed Forces Expeditionary Medal. The applicant provided a copy of his LOM Award...
ARMY | BCMR | CY2011 | 20110010894
Based upon his application, the evidence of record, and accompanying supporting documents that he submitted, it does not appear the FSM was recommended for or awarded the Legion of Merit. There is no evidence the FSM was assigned to either unit of the 28th Regiment. 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.
ARMY | BCMR | CY2013 | 20130014176
There are no orders in his Army Military Human Resource Record (AMHRR) for the award of the Legion of Merit. Army Regulation 600-8-22 (Military Awards) states the Legion of Merit is awarded to individuals who distinguish themselves by exceptionally meritorious conduct in the performance of outstanding services and achievements. 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.