IN THE CASE OF:	  

		BOARD DATE:	  6 December 2011

		DOCKET NUMBER:  AR20110011875 


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 records to show award of the Legion of Merit.

2.  The applicant states he served in Korea and was presented the Legion of Merit.  In 1987 he received a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the "Legion of Merit" added to the list of awards.  When he requested another copy of the DD Form 214 in April 2010, the Legion of Merit was not listed.  He is extremely disappointed that an award he received and that he has discussed with his family and friends has been omitted from his military records.

3.  The applicant provides no additional documentary evidence in support of his application.

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.  A DD Form 214 shows the applicant was inducted into the U.S. Army on
22 April 1959 and he was honorably discharged on 7 November 1960 to enlist in the Regular Army (RA).  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the entry "N/A."

3.  A DD Form 214 shows the applicant entered active duty this period on
8 November 1960 and he was honorably discharged on 7 November 1963. Item 26 shows the entry "None."

4.  The applicant had a break in service from 8 November 1963 through
10 February 1966.

5.  A DD Form 214 shows the applicant entered active duty this period on
11 February 1966 and he was honorably discharged on 10 February 1967 to reenlist in the RA.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show the Legion of Merit.

6.  A DD Form 214 shows the applicant entered active duty this period on
11 February 1967 and he was honorably discharged on 5 February 1970 to accept a commission in the U.S. Army.  Item 24 does not show the Legion of Merit.

7.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service):

* Europe (Germany) - September 1959 through September 1960
* Panama - November 1960 through November 1962
* Korea - 11 July 1964 through 26 July 1965
* Vietnam - 11 July 1967 through 10 July 1968

   b.  item 41 (Awards and Decorations):  does not list the Legion of Merit.



8.  The applicant was appointed as a Reserve commissioned officer in the rank of second lieutenant on 6 February 1970.

9.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

	a.  item 5 (Oversea Service):  [in part]:  Korea from 8 January 1974 through
4 April 1975

   b.  item 9 (Awards, Decorations and Campaigns):  does not list the Legion of Merit; and

	c.  item 33 (Date):  the applicant reviewed the form on 8 November 1979.

10.  A DD Form 214 shows the applicant entered active duty this period on
6 February 1970 and he was honorably retired from active duty on 29 February 1980.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show the Legion of Merit.

11.  A review of the applicant's military personnel records failed to reveal any evidence that he was recommended for, authorized, or awarded the Legion of Merit.

12.  The applicant's military personnel records do not contain a DD Form 215 (Correction to DD Form 214) adding the Legion of Merit to any of his
DD Forms 214.

13.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  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.


   b.  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 contends his records should be corrected to show he was awarded the Legion of Merit because he was presented the award while serving in Korea, the award was added to a DD Form 214 he received in 1987, but the award does not now appear in his military service records.

2.  The applicant's claim was carefully considered.

   a.  The sincerity of the applicant's comments is not in question.  However, he provides no documentary evidence in support of his claim that he was awarded the Legion of Merit.
   
   b.  There are no orders or any other Army records that show the applicant was awarded the Legion of Merit or that he was recommended for the award.

   c.  Therefore, there is insufficient evidence to support the applicant's claim to the Legion of Merit.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  __X____  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our 


Nation.  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)                                         AR20110011875



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ABCMR Record of Proceedings (cont)                                         AR20110011875



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