IN THE CASE OF:
BOARD DATE: 16 January 2014
DOCKET NUMBER: AR20130006979
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 the Legion of Merit (LOM) and Defense Meritorious Service Medal (DMSM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect:
a. His official record/DD Form 214 does not reflect the two awards he received at his retirement ceremony, the LOM and DMSM.
b. He discovered this error after reviewing his DD Form 214 in the weeks following his retirement. He contacted the personnel section that generated the documents and he was informed that his records were processed earlier in the day before the awards ceremony, the awards were overlooked, a correction would be submitted, and he would receive an updated DD Form 214 by request in the future.
3. The applicant provides:
* DD Form 214
* DMSM orders
* DMSM certificate
* Two photographs of his retirement ceremony
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 retired in the rank of lieutenant colonel on 31 January 1990 after completing 26 years and 14 days of creditable active service.
3. His DD Form 214 does not show the LOM or DMSM as authorized awards.
4. He provides orders, dated 2 February 1990, which show he received the DMSM for meritorious service during the period 18 June 1987 to 31 January 1990.
5. There are no orders for the LOM in the available records.
6. Section VIII (Awards and Decorations) of his Officer Record Brief does not show entitlement to the LOM.
7. He provides two photographs of his retirement ceremony which show the LOM on the left breast pocket of his uniform. One photograph also shows the DMSM on his left lapel.
8. Army Regulation 600-8-22 (Military Awards) states the LOM 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. Orders show the applicant received the DMSM. Therefore, his DD Form 214 should be corrected to show this medal.
2. There are no orders for the LOM in the available records. In the absence of orders, the photographs of the LOM provided by the applicant alone are not sufficient as a basis for adding this award to his DD Form 214. Regrettably, there is an insufficient evidentiary basis for granting the applicant's request to add the LOM to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ____X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the DMSM to his DD Form 214.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding the LOM 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) AR20130006979
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ABCMR Record of Proceedings (cont) AR20130006979
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