IN THE CASE OF:
BOARD DATE: 17 September 2013
DOCKET NUMBER: AR20130003371
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 (Certificate of Release or Discharge from Active Duty) to show the Legion of Merit (LOM).
2. The applicant states he was presented the LOM during his formal retirement ceremony on 1 February 2013. He contends the LOM orders were not available when he was issued his DD Form 214 on 29 January 2013 and as result, the LOM was not recorded on his DD Form 214.
3. The applicant provides Permanent Orders 335-01, issued by the U.S. Army Intelligence and Security Command (INSCOM), Fort Belvoir, VA, dated
30 November 2012.
CONSIDERATION OF EVIDENCE:
1. The applicant entered active duty as a commissioned officer on 25 July 1985. He was promoted to colonel (COL)/O-6 effective 1 October 2007.
2. He provides INSCOM Permanent Orders 335-01, dated 30 November 2012, amending INSCOM Permanent Orders 332-01, dated 27 November 2012, that awarded him the LOM for service during the period 1 August 2003 to
31 January 2013 instead of 1 August 2013 to 31 July 2013.
3. On 31 January 2013, he was retired by reason of sufficient service for retirement in the rank of COL. He completed 27 years, 6 months, and 6 days of creditable active duty service. The DD Form 214 he was issued does not show the LOM as an authorized award.
4. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards) will be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
Permanent Orders 332-01, dated 27 November 2012, as amended by Permanent Orders 335-01, dated 30 November 2012, awarded him the LOM for service during the period 1 August 2003 to 31 January 2013. Therefore, his
DD Form 214 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 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) AR20130003371
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130003371
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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