IN THE CASE OF:
BOARD DATE: 9 August 2012
DOCKET NUMBER: AR20120002760
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 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 30 June 1972 to show award of the Legion of Merit (LOM).
2. The applicant states, in effect, he was awarded the LOM in conjunction with his retirement; however, it is not annotated on his DD Form 214.
3. The applicant provides:
* DD Form 214
* Letter Order Award of the LOM, dated 23 August 1972
* 2-page Proposed Citation
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. Having prior enlisted service in the U.S. Navy, records show the applicant was appointed as a Reserve officer and executed an Oath of Office on 26 September 1949. He entered active duty in the United States Army on 9 October 1949 and served in a variety of stateside and overseas assignments. He attained the rank of colonel (COL).
3. On 30 June 1972, he was honorably retired and placed on the retired list on
1 July 1972 in the rank of COL.
4. His DD Form 214 for the period ending 30 June 1972 does not show award of the LOM.
5. His record contains and he also provides copies of a letter order and a citation which show he was awarded the LOM upon retirement for exceptionally meritorious conduct in the performance of outstanding service during his career.
DISCUSSION AND CONCLUSIONS:
Orders awarded him the LOM for meritorious conduct in the performance of outstanding service. Therefore, he is entitled to correction of his DD Form 214 for the period ending 30 June 1972 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 LOM to his DD Form 214 for the period ending 30 June 1972.
_______ _ __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) AR20120002760
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ABCMR Record of Proceedings (cont) AR20120002760
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