IN THE CASE OF:
BOARD DATE: 28 JULY 2009
DOCKET NUMBER: AR20090003806
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Legion of Merit.
2. The applicant states, in effect, that his DD Form 214 does not list this award.
3. The applicant provides a copy of a certificate, dated 30 December 1999, that shows he was awarded the Legion of Merit.
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 is a retired master sergeant (MSG) who initially entered active service on 25 November 1975 and served in various staff and leadership positions within and outside continental United States. He was honorably released from active duty on 29 February 2000 and placed on the retired list in his retired rank/grade of MSG/E-8 on 1 March 2000. He was credited with over 24 years of faithful service.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows he was awarded the Meritorious Service Medal, the Army Commendation Medal (4th Award), the Army Achievement Medal (3rd Award), the Lapel Button, the Good Conduct Medal (8th Award), the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Southwest Asia Service Medal with a bronze service star, the Noncommissioned Officer Professional Development Ribbon with Numeral 3, the Army Service Ribbon, the Overseas Service Ribbon (3rd Award), the Kuwait Liberation Medal (K and SA), and the Army Recruiter Badge. Item 24 does not show award of the Legion of Merit.
4. The applicant submitted a copy of a certificate, dated 30 December 1999, that shows he was awarded the Legion of Merit for meritorious service from 2 March 1990 to 1 March 2000.
5. The applicants records do not contain permanent orders that show he was awarded the Legion of Merit.
6. The case analyst of record attempted to contact the applicant and verify if he has a copy of the permanent orders; however, the applicant did not list a phone number or an email address.
7. 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. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years. There are regulatory provisions for lost recommendations but not for late recommendations, reconsideration, nor for upgrading to a more prestigious award.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the Legion of Merit.
2. There is no evidence in the available records of the award of the Legion of Merit other than the certificate submitted by the applicant. 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 Legion of Merit.
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.
_______ _ __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.
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