IN THE CASE OF:
BOARD DATE: 29 August 2013
DOCKET NUMBER: AR20130002157
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 her award of the Legion of Merit and a forth award of the Meritorious Service Medal be added to her DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states her last two awards were received after she had started out processing. Because of this they were not included on her DD Form 214.
3. The applicant provides copies of her DD Form 214, four Meritorious Service Medal Award Certificates, and a Legion of Merit Award Certificate.
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. The applicant, a retired Army National Guard lieutenant colonel, served on active duty for 20 years, 3 months, and 11 days, with 2 years, 8 months and 26 days of inactive duty service. She retired effective 30 November 2012.
3. The Meritorious Service Medal certificates show award of the medal on 22 April 1996, 27 December 2005, 5 April 2010, and 7 September 2012 (Headquarters, Joint Forces Command Permanent Orders Number 250-02).
4. She was awarded the Legion of Merit on 3 December 2012 under Headquarters, Army National Guard, Arlington, VA Permanent Orders Number 338-11.
5. The applicant's 30 November 2012 DD Form 214 includes the Meritorious Service Medal (3rd Award) and no Legion of Merit.
DISCUSSION AND CONCLUSIONS:
The applicant was awarded the Legion of Merit and a fourth Meritorious Service Medal at the end of her period of service. Because of the timing of these awards it appears they were not entered onto her final DD Form 214. It is appropriate to correct these omissions.
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:
a. deleting the Meritorious Service Medal (3rd Award) from her last DD Form 214; and
b. adding the Legion of Merit and Meritorious Service Medal (4th award) to her last 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) AR20130002157
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130002157
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130017410
Headquarters, U.S. Army Medical Command, Fort Sam Houston, Permanent Order Number 165-103, dated 14 June 2013, awarded her the Legion of Merit for service from 1 June 2003 to 31 May 2013. Her intermediate chain of command recommended downgrading the award to the Meritorious Service Medal and issued orders awarding her the Meritorious Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * removing the...
ARMY | BCMR | CY2014 | 20140002766
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 19 October 2013 to show award of the: * Legion of Merit (LOM) * Defense Meritorious Service Medal (DMSM) * Joint Service Commendation Medal (JSCM) (1st Award) * Joint Service Achievement Award (JSAM) (3rd Award) 2. Sufficient evidence has been presented showing the applicant was awarded the JSCM (1st Award), JSAM (3rd Award), and Marksman Marksmanship...
ARMY | BCMR | CY2011 | 20110020066
The applicant requested correction of her DD Form 214 to show the Joint Meritorious Unit Award. Her DD Form 214 already shows this award. With respect to correcting item 19a of her DD Form 214 to show her current address, the entry pertaining to the mailing address after separation is provided by the Soldier to the official preparing the DD Form 214.
ARMY | BCMR | CY2010 | 20100023332
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Legion of Merit, four awards of the Meritorious Service Medal, and to show her home of record (HOR) as "Tennessee" vice "Alaska." The applicant's records show she was appointed a second lieutenant (2LT) in the USAR on 22 August 1974. Department of the Army, U.S. Army Reserve Components Personnel Administration Center, St. Louis, MO, Letter Orders Number A-08-76520, dated...
ARMY | BCMR | CY2013 | 20130018504
c. In May 2012, he submitted the award (recommendation) to the 3rd Army and in June 2012 one of his Soldiers notified him that a brigadier general downgraded his award to a Meritorious Service Medal (MSM). Finally, in November before he left the command he asked the 3rd Army Commander to authorize his 3rd Army award section to revoke the award orders and remove the award from his record. The regulation shows that award orders are filed in the performance section of the OMPF.
ARMY | BCMR | CY2014 | 20140015353
The applicant requests, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 10 January 2011, to add the Meritorious Service Medal (4th Award) and the Legion of Merit. The applicants record contains a DD Form 215 (Correction to DD Form 214), dated 26 January 2015. The applicant's request for correction of her DD Form 214, for the period ending 10 January 2011, to show award of the Legion of Merit was carefully considered and...
ARMY | BCMR | CY2013 | 20130003739
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in: * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) award of the Legion of Merit and the Meritorious Unit Commendation * item 18 (Remarks) foreign service in Kuwait from 1 September 2008 to 5 September 2009 2. Her record contains an MFR issued by Headquarters and Headquarters Company, 3rd Medical Command (Deployment Support), Fort...
ARMY | BCMR | CY2014 | 20140002521
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * she was awarded the Legion of Merit (LOM) instead of the Meritorious Service Medal (MSM) * the correct dates of her deployment to Kuwait 2. She provides: * DD Form 214 * DA Forms 638 (Recommendation for Award) with LOM and the Army Commendation Medal (ARCOM) certificates *...
ARMY | BCMR | CY2014 | 20140014351
However, she provides an LOM Certificate dated 13 March 1992 showing she was awarded the LOM for meritorious conduct in the performance of outstanding service during the period 1 April 1981 to 31 March 1992 and that her performance reflected great credit on the U.S. Health Services Command. Each individual approaching retirement may be considered for an appropriate decoration based on his or her grade, years of service, degree of responsibility, and manner of performance. Meritorious...
ARMY | BCMR | CY2014 | 20140012515
IN THE CASE OF: BOARD DATE: 19 March 2015 DOCKET NUMBER: AR20140012515 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Her DD Form 214 lists the: * Meritorious Service Medal with 1st OLC * Army Commendation Medal with 2nd OLC * Army of Occupational Medal * National Defense Service Medal * Armed Forces Reserve Medal * Army Service Ribbon * Overseas Service Ribbon 5. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....