IN THE CASE OF:
BOARD DATE: 28 October 2010
DOCKET NUMBER: AR20100013888
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:
* He retired on 31 July 1990
* His DD Form 214 was prepared approximately 1 month before he retired
* The Legion of Merit was awarded to him after his DD Form 214 was finalized
* He has the original award, but he has no orders awarding him the Legion of Merit
3. The applicant provides a certificate showing 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 enlisted in the Regular Army on 4 October 1966. He was subsequently commissioned as a second lieutenant upon successful completion of the Officer Candidate School. He advanced through the officer ranks while serving in various positions and duty stations. After completing 24 years, 8 months, and 22 days of total active service, he retired from the Army in the rank/grade of lieutenant colonel (LTC)/O-5.
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 he was issued does not show the Legion of Merit.
4. There are no orders in his Official Military Personnel File (OMPF) awarding him the Legion of Merit.
5. The applicant provides a Legion of Merit award certificate, dated 18 May 1990, showing he was awarded the Legion of Merit for exceptionally meritorious service from 31 July 1980 to 31 July 1990.
6. Army Regulation 600-8-22 (Military Awards) states 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. However, there are no orders in his OMPF and the applicant did not provide a copy of the orders awarding him the Legion of Merit.
2. In view of the foregoing, there is insufficient basis for granting the applicant's requested relief.
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) AR20100013888
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100013888
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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