IN THE CASE OF:
BOARD DATE: 11 July 2013
DOCKET NUMBER: AR20120022299
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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 30 April 1979 to show his award of the Legion of Merit.
2. The applicant states this award was never listed on his DD Form 214. He was awarded the Legion of Merit on 25 May 1979 and thought it would be shown in his record. He did not follow through to see that it was. He believed it had been entered on the proper form.
3. The applicant provides:
* Legion of Merit Certificate
* Certificate of Retirement
* letter from the National Personnel Record Center (NPRC), dated
3 September 2012
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 enlisted in the Regular Army on 24 May 1949. He served through multiple reenlistments in a variety of stateside or overseas assignments and he attained the rank/grade of command sergeant major (CSM)/E-9. He completed tours of duty in Korea, Germany, and Vietnam.
3. On 30 April 1979, he was retired by reason of sufficient service for retirement and he was placed on the Retired List. The DD Form 214 he was issued at the time does not list the Legion of Merit and an authorized award.
4. He provides copies of:
a. A Legion of Merit Certificate, dated 24 May 1979, awarding him the Legion of Merit for exceptionally meritorious service from 1 March 1969 to 30 April 1979 in various positions of responsibility and trust both overseas and in the U.S. This appears to be the applicant's retirement award. He did not submit a copy of orders to support its addition to his DD Form 214.
b. A Certificate of Retirement, dated 1 May 1979, that shows the applicant, having served faithfully and honorably, was retired from the U.S. Army on 1 May 1979 in the rank of CSM.
c. A letter from NPRC, dated 3 September 2012, that advised him of his entitlement and shipment of the followings awards based on the documents he provided and/or official available documents:
* Bronze Star Medal with "V" Device
* Purple Heart
* Meritorious Service Medal
* Army Good Conduct Medal (7th Award)
* National Defense Service Medal with one bronze service star
* Korean Service Medal with four bronze service stars
* Vietnam Service Medal with two bronze service stars
* Combat Infantryman Badge
* United Nations Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
5. There is no evidence in his service personnel record that shows he was recommended for or awarded the Legion of Merit by orders during his period of active service.
6. 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:
The applicant provided a copy of an award certificate awarding him the Legion of Merit for the period 1 March 1969 to 30 April 1979; however, he provided no orders showing he was awarded the Legion of Merit. Notwithstanding the absence of an order, it is reasonable to presume he, a CSM, received the Legion of Merit as a retirement award. Therefore, his DD Form 214 for the period ending 30 April 1979 should be corrected 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 Legion of Merit to the applicant's DD Form 214 for the period ending 30 April 1979.
_______ _ 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) AR20120022299
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120022299
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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