BOARD DATE: 25 October 2011
DOCKET NUMBER: AR20110009569
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. He states he was presented a framed Legion of Merit at his retirement ceremony in mid June 2001. His DD Form 214 was complete, but the Legion of Merit was not annotated on it. He did not realize the award was not annotated on his DD Form 214 until now and he does not believe he was ever given orders for the award.
3. He provides his DD Form 214 and a Legion of Merit Certificate.
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 completed prior enlisted service and he was appointed as a Reserve warrant officer on 9 August 1977 with concurrent call to active duty.
3. He provided an award certificate, dated 19 January 2001, which shows he was awarded the Legion of Merit for meritorious service during the period 1 June 1991 to 31 May 2001 by III Corps and Fort Hood Permanent Order
Number A-128-2.
4. He retired on 31 May 2001 at the completion of sufficient service. His DD Form 214 doesn't show award of the Legion of Merit.
DISCUSSION AND CONCLUSIONS:
A permanent order shows the applicant was awarded the Legion of Merit for meritorious service during the period 1 June 1991 to 31 May 2001. Therefore, this award should be added to his DD Form 214.
BOARD VOTE:
___x_____ ___x_____ ___x__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 amending his DD Form 214 to add award of the Legion of Merit.
_________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) AR20110009569
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ABCMR Record of Proceedings (cont) AR20110009569
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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