IN THE CASE OF:	  

		BOARD DATE:	  12 January 2010

		DOCKET NUMBER:  AR20090012690 


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 due to the amount of time involved in processing his retirement award of the Legion of Merit, the award was not approved until after he departed his unit.  As a result, the award was not recorded on his DD Form 214 when he retired from active duty.

3.  The applicant provides, in support of his application, copies of a DA Form 638 (Recommendation for Award) and DA Form 4980-11 (The Legion of Merit) certificate.

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 enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 18 August 1978.  He was discharged from the USAR DEP on 27 November 1968 and enlisted in the Regular Army (RA) on 28 November 1978.  The applicant continued to serve on active duty in the RA and he attained the rank/grade of sergeant major (SGM)/E-9.

3.  The applicant's DD Form 214 shows he was honorably retired on 31 March 2003 by reason of sufficient service for retirement.  At the time he had completed 24 years, 4 months, and 3 days of net active service and 3 months and 10 days of total prior inactive service.

   a.  item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Soldier's Medal, Meritorious Service Medal (5th Award), Army Commendation Medal, Good Conduct Medal (7th Award), National Defense Service Medal (2nd Award), Humanitarian Service Medal (2nd Award), Army Service Ribbon, Overseas Service Ribbon with Numeral 3, United Nations Medal, Joint Meritorious Unit Award, Valorous Unit Award, Army Superior Unit Award, Combat Infantryman Badge, Expert Infantryman Badge, Master Parachutist Badge, Air Assault Badge, Pathfinder Badge, Scuba Diver Badge, Special Forces Tab, Ranger Tab, Armed Forces Expeditionary Medal with Arrowhead Device, and Army Achievement Medal (7th Award).

   b.  item 14 (Military Education) of his DD Form 214, in pertinent part, shows the applicant completed the Basic Noncommissioned Officer Course in June 1985, Advanced Noncommissioned Officer Course in September 1988, First Sergeants Course in May 1997, and U.S. Army Sergeants Major Academy in May 1999.

4.  In support of his application, the applicant provides a DA Form 638 and The Legion of Merit certificate that show Headquarters, U.S. Army, Europe, and Seventh Army, Permanent Order Number 087-15, dated 28 March 2003, awarded the applicant the Legion of Merit for exceptionally meritorious service during an Army career spanning 24 years of active duty, culminating as the Command Sergeant Major, International Special Training Center, 7th Army Training Command.

5.  A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Form 214.

6.  Headquarters, Delta Detachment, 38th Personnel Service Battalion, Permanent Orders 36-02, dated 5 February 2003, show the applicant was awarded the Good Conduct Medal (8th Award) for exemplary behavior, efficiency, and fidelity from 28 November 1999 to 27 November 2002.

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  This regulation also provides that:

   a.  the Global War on Terrorism Service Medal is designated for Soldiers who have participated in or served in support of Global War on Terrorism Operations outside of the designated area of eligibility determined for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined, having served 30 consecutive days or 60 nonconsecutive days are authorized this award; and

   b.  the Noncommissioned Officer Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981.  It is awarded to members of Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated noncommissioned officer education system (NCOES) professional development courses.  A service member will be awarded the ribbon with the numeral which identifies the highest level of NCOES successfully completed.  It provides that the senior level consists of graduates of the U.S. Army Sergeants Major Academy who are authorized award of the Noncommissioned Officer Professional Development Ribbon with Numeral 4.

8.  Army Regulation 635-5 (Personnel Separations - 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.

   a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, the source documents for entering information on the
DD Form 214 will be the Enlisted/Officer Record Brief, separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File.

   b.  Paragraph 2-4 (Completing the DD Form 214) of the separations documents regulation contains item-by-item instructions for completing the
DD Form 214.  Item 13 states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.  Do not use abbreviations.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Legion of Merit.

2.  Permanent orders awarded the applicant the Legion of Merit.  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

3.  Permanent orders awarded the applicant the Good Conduct Medal
(8th Award).  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

4.  Records show the applicant qualified for award of the Global War on Terrorism Service Medal for his service in support of Global War on Terrorism Operations outside the area of eligibility for the Global War on Terrorism Expeditionary Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show award of the Global War on Terrorism Service Medal.

5.  Records show the applicant qualified for award of the Noncommissioned Officer Professional Development Ribbon and that he completed the senior level of the NCOES (i.e., the U.S. Army Sergeants Major Academy).  Therefore, it would be appropriate to correct his DD Form 214 to show the Noncommissioned Officer Professional Development Ribbon with Numeral 4.

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 a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  deleting from item 13 of his DD Form 214 the "Good Conduct Medal
(7th Award)"; and

   b.  adding to item 13 of his DD Form 214 the Legion of Merit, Good Conduct Medal (8th Award), Global War on Terrorism Service Medal, and the Noncommissioned Officer Professional Development Ribbon with Numeral 4.



      _______ _ 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)                                         AR20090012690



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ABCMR Record of Proceedings (cont)                                         AR20090012690



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