IN THE CASE OF:
BOARD DATE: 18 September 2012
DOCKET NUMBER: AR20120005258
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 his Legion of Merit be added to his
DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 June 1993.
2. The applicant states the final presentation of the Legion of Merit occurred after his date of retirement.
3. The applicant provides:
* his DD Form 214
* two copies of a certificate for the award of the Legion of Merit, dated
28 January 1994
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. He was commissioned a second lieutenant in the U.S. Army Reserve on
25 May 1972.
3. On 30 June 1993, he was retired for length of service. His DD Form 214 does not show he was awarded the Legion of Merit.
4. Item 9 (Awards, Decoration, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) does not indicate he was awarded the Legion of Merit.
5. His Officer Record Brief (ORB) does not show he was awarded the Legion of Merit.
6. There are no orders in his Military Personnel Records Jacket (MPRJ) for the award of the Legion of Merit.
7. The Legion of Merit certificate he submitted indicates he was awarded the Legion of Merit for exceptionally meritorious conduct in the performance of outstanding services in various positions of great responsibility during the period 1 July 1983 to 31 July 1993. There is no order number indicated on the certificate.
8. 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. 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. His DA Form 2-1 and ORB do not show he was awarded the Legion of Merit. There are no orders in his MPRJ awarding the Legion of Merit. Army regulations require that for all personal decorations formal recommendations, approval through the chain of command, and announcement in orders are required.
2. Therefore, there is insufficient evidence to add the Legion of Merit to his
DD Form 214.
BOARD VOTE:
____x___ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board believed the evidence was sufficient to show the applicant was awarded the Legion of Merit. The Board believed it was entirely reasonable for a Soldier of the applicants rank to have received the Legion of Merit as a retirement award, and it is not unprecedented for a retirement award to be issued after the DD Form 214 has been issued.
2. As a result, the Board determined that the evidence presented was sufficient to warrant recommendation for relief, and 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.
_______ _ _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) AR20120005258
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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