BOARD DATE: 28 January 2010
DOCKET NUMBER: AR20090013881
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, that the Legion of Merit (LOM) be added to DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, that he was awarded the LOM while serving with the 7th Medical Command (MEDCOM) in Germany, and received the award 1 day prior to departing on terminal leave, which is perhaps why the award was not included on his DD Form 214.
3. The applicant provides a LOM certificate, DD Form 214, and two witness statements in support of his application.
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 applicants military records show that after having prior service in the United States Navy, he was appointed a second lieutenant (2LT) in the Regular Army in the Medical Service Corps (MSC). He entered active duty on 2 September 1969, and he was trained in and served as a Patient Administration Officer in military specialty "67E."
3. The applicant continued to serve on active duty until he was honorably retired, in the rank of colonel (COL), on 31 August 1992. The DD Form 214 issued to him at that time shows he completed 26 years, 3 months, and 11 days of active military service.
4. Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 issued to the applicant upon his retirement shows he earned the following awards during his tenure on active duty: Defense Meritorious Service Medal, Meritorious Service Medal with 5th Oak Leaf Cluster, Army Commendation Medal, Navy Unit Commendation, National Defense Service Medal with bronze service star, Vietnam Service Medal with 2 bronze service stars, Combat Action Badge, Army Service Ribbon, Overseas Service Ribbon, Republic of Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Navy Surface Warfare Officer. The LOM is not included among the list of awards shown on this document.
5. The applicant provides a copy of a LOM certificate, dated 27 July 1992, which was signed by the Commander In Chief (CINC), United States Army Europe (USAREUR) and the Secretary of the Army. This certificate shows the applicant was awarded the LOM for his exceptionally meritorious service between September 1982 and August 1992.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to add the LOM has been carefully considered and found to have merit.
2. The LOM award certificate provided by the applicant shows it was awarded for meritorious service and covers a ten year period, which makes it obvious it was a retirement award. Further, it shows it was approved by the CINC, USAREUR, which is consistent with his last assignment of record.
3. The LOM certificate was signed and approved on 27 July 1992, just prior to the applicant's departing on transition leave. As a result, it appears the award was not issued by out-processing personnel in sufficient time to be added to his
DD Form 214, which is not an uncommon occurrence with retirement awards. Therefore, there is no reason to doubt the validity of the award, it would be appropriate to add it to his DD Form 214 at this time.
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 adding the LOM to the list of awards contained on his 31 August 1992 DD Form 214; and by providing him a correction to his separation document that includes this award.
_______ _ _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.
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