BOARD DATE: 2 November 2010
DOCKET NUMBER: AR20100011572
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 the Legion of Merit be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he served in the U.S. Army Reserve (USAR) until 23 March 2003 and received a Legion of Merit, but his DD Form 214 was not updated. He needs the Legion of Merit added to his DD Form 214 so he may apply for a specialty license plate from the State of Texas.
3. The applicant provides:
* his Legion of Merit Certificate showing Permanent Orders
Number 150-008, Headquarters, U.S. Army Reserve Command, Fort McPherson, GA, dated 30 May 2003
* DA Form 638 (Recommendation for Award), dated 6 March 2003
* copy of an email from U.S. Army Human Resources Command, St. Louis, MO
* copy of an email from a colonel at U.S. Army Medical Command advising him to submit a request to this Board
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 is a retired chaplain. He retired from the USAR as a lieutenant colonel with almost 24 years of creditable service from 19 April 1976 to 1 April 2003. Upon the occasion of his retirement, his command awarded him the Legion of Merit for his exceptionally meritorious service during the period 25 March 1993 to 24 March 2003.
3. The applicant's Integrated Personnel Electronic Records Management System (IPERMS) file contains a DD Form 214 for the period 3 March 1980 through 1 November 1988.
4. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that his Legion of Merit be added to his DD Form 214.
2. The applicant's only DD Form 214 contained in his IPERMS file has an ending date of 1 November 1988. There is no provision to add an award issued on 30 May 2003 to this DD Form 214.
3. It is recommended that the applicant provide the State of Texas with a copy of this Record of Proceedings, along with a copy of his DA Form 638 and Legion of Merit Certificate, as proof of his entitlement to the Legion of Merit specialty license plate.
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.
____________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) AR20100011572
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ABCMR Record of Proceedings (cont) AR20100011572
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