IN THE CASE OF:
BOARD DATE: 1 May 2012
DOCKET NUMBER: AR20110023137
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 (Report of Separation from Active Duty) to show the Legion of Merit (LOM).
2. The applicant states he received the LOM before his retirement date and a letter of transmittal dated September 21, 1984, when the appropriate documents were forwarded to the Department of the Army for entry into his official military file. He further states he requested copies of his awards from the National Personnel Records Center (NPRC) and the LOM was not included.
3. The applicant provides:
* LOM Certificate
* Award transmittal letter
* DD Form 214
* Letter from NPRC
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 was commissioned as a second lieutenant infantry officer in the Regular Army on 27 May 1962. He was promoted to the rank/grade of colonel (COL) O-6 on 1 October 1982.
3. He served in the Republic of Vietnam during the period of 5 September 1968 to 8 October 1969 while assigned to the 458th Transportation Company and Headquarters and Headquarter Detachment, 92d Military Police Battalion.
4. On 30 September 1984, he was retired by reason of sufficient service for retirement.
5. The DD Form 214 issued to the applicant upon his retirement does not show the LOM.
6. The applicant provided an LOM certificate and an award transmittal letter.
7. 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. 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 argument that his DD Form 214 should be corrected to show award of the LOM has been carefully considered, and found to have merit.
2. The LOM award certificate provided by the applicant shows it was awarded for meritorious service for the period ending September 1984, which is consistent with his retirement date.
3. The governing Army regulation states that for personal decorations, including the Legion of Merit, formal recommendations, approval through the chain of command, and announcement in orders are required.
4. However, given the applicant's position, rank, and level of responsibility, and given the fact that he provides a transmittal letter as well as a certificate showing award of the LOM, it is reasonable to presume he was awarded this award. Despite the lack of orders, as a matter of equity, his DD Form 214 should be corrected to show the LOM.
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 to his DD Form 214 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) AR20110023137
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ABCMR Record of Proceedings (cont) AR20110023137
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