IN THE CASE OF:
BOARD DATE: 17 February 2011
DOCKET NUMBER: AR20100020973
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) for the period ending
31 December 1991.
2. The applicant states:
* This award was issued and presented to him after 24 February 1992
* He out-processed before his 31 December 1991 retirement date
* His official records were not updated
* He discovered the error after he applied for and received his medals from Tank Automotive and Armaments Command (TACOM)
3. The applicant provides:
* DD Form 214 for the period ending 31 December 1991
* Orders for the Legion of Merit
* List of medals he received from TACOM
* Standard Form 180 (Request Pertaining to Military Records)
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 retired on 31 December 1991 in the rank of Chief Warrant Officer Four after completing over 25 years of creditable service.
3. His DD Form 214 for the period ending 31 December 1991 does not show the Legion of Merit as an authorized award.
4. Headquarters, III Corps and Fort Hood Permanent Order A-22-1, dated
24 February 1992, shows he received the Legion of Merit for the period
1 January 1982 to 31 December 1991.
DISCUSSION AND CONCLUSIONS:
Orders show he received the Legion of Merit after he retired. His DD Form 214 for the period ending 31 December 1991 should be corrected to show this award.
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 Legion of Merit to his DD Form 214 for the period ending
31 December 1991.
___________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) AR20100020973
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100020973
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