IN THE CASE OF:
BOARD DATE: 17 February 2010
DOCKET NUMBER: AR20090015261
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 reconsideration of his request to add award of the Legion of Merit (LOM) to his records.
2. The applicant states that had he known a copy of an order was required, he would have included it with his original application.
3. The applicant provides a copy of orders awarding him the LOM.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080018769 on 7 April 2009.
2. The applicant was commissioned as a second lieutenant on 12 June 1959 and entered active duty on 24 August 1959. He served until his retirement in the rank of lieutenant colonel on 31 August 1979.
3. On 29 August 1979, Permanent Orders Number 11-1 issued by Headquarters, Ballistic Missile Defense Systems Command, awarded the applicant the LOM for the period of July 1975 to August 1979. That award was not included on his DD Form 214 (Report of Separation from Active Duty) at the time of his retirement.
4. The Board previously considered his request to add award of the LOM to his DD Form 214; however, there were no orders present in his records to document the award and the Board denied his request on 7 April 2009.
DISCUSSION AND CONCLUSIONS:
1. The applicant has provided the appropriate orders to document his award of the LOM that were not present in his official records at the time of the Boards initial decision.
2. Accordingly, he has shown through the evidence submitted with his application that he is entitled to have his records corrected to reflect his award of the LOM at this time.
BOARD VOTE:
___X____ ___X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMRs decision in Docket Number AR20080018769, dated 7 April 2009. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded the LOM.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. 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) AR20090015261
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090015261
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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