IN THE CASE OF:

		BOARD DATE:  11 February 2014

		DOCKET NUMBER:  AR20130009919 


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 Defense Meritorious Service Medal and Legion of Merit be added to his 31 October 1981 DD Form 214 (Certificate of Release or Discharge from Active Duty).  He requests a personal appearance before the Board.

2.  The applicant states that:

	a.  The Defense Meritorious Service Medal award general order was apparently either not forwarded to Walter Reed Army Medical Center (WRAMC) when he transferred from the 193d Infantry Brigade, or was misplaced by either one of those units.

	b.  The Legion of Merit general order was apparently either misplaced or not sent to the National Personnel Record Center (NPRC) upon his 1 November 1981 retirement.  

	c.  The only proof he has of the two awards is the original certificates he submitted.

	d.  He has been trying to correct this since 12 August 2002.

3.  The applicant provides:

* Defense Meritorious Service Medal Certificate and Citation
* Legion of Merit Certificate
* retirement certificate
* Army Review Boards Agency (ARBA) letter, dated 13 February 2003, with 21 August 2002 DD Form 149 (Application for Correction of Military Records)
* NPRC letter, dated 18 June 2003
* his 29 July 2003 handwritten note 
* NPRC letter, dated 31 October 2003
* Department of the Army Office of the Inspector General (DAIG) letter, dated 10 August 2009
* NPRC letter, dated 3 August 2011 

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.  He was commissioned as a second lieutenant in the U.S. Army Reserve on
6 June 1960.  He entered extended active duty on 23 May 1964.

3.  On 31 October 1981, he was retired for length of service as a lieutenant colonel (LTC).  His DD Form 214 does not show he was awarded either the Defense Meritorious Service Medal or 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 either the Defense Meritorious Service Medal or the Legion of Merit.

5.  There are no orders in his Army Military Human Resource Record (AMHRR) for award of either the Defense Meritorious Service Medal or the Legion of Merit.



6.  In support of his request he provides:

	a.  A certificate and citation showing he was awarded the Defense Meritorious Service Medal on 9 June 1980, for exceptionally meritorious service as Community Relations Officer and Deputy Public Affairs Officer, U.S. Southern Command from 3 July 1977 to 28 June 1980.

	b.  A certificate showing he was awarded the Legion of Merit on 26 October 1981, for exceptionally meritorious conduct from 1 November 1971 to 31 October 1981.  His last duty was as Provost Marshal, 236th Military Police Detachment, WRAMC.

	c.  A Certificate of Retirement, dated 1 November 1981.

	d.  Correspondence from ARBA, NPRC, and the DAIG showing his efforts to locate the orders for the two awards.

7.  Army Regulation 600-8-22 (Military Awards) states the:

	a.  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.  

	b.  The Defense Meritorious Service Medal was established by Executive Order 12019, 3 November 1977. It is awarded in the name of the Secretary of Defense to members of the Armed Forces of the United States who, after 
3 November 1977, distinguished themselves by noncombat meritorious achievement or service.  The prescribing directive for the Defense Meritorious Service Medal is Department of Defense (DoD) Manual 1348.33–M (Manual of Military Decorations and Awards:  General Information, Medal of Honor, and Defense Joint Decorations and Awards).

	c.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

8.  Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) provides Department of the Army policy, criteria, and administrative instructions regarding an applicant's request for the correction of a military record.  The ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  Paragraph 2-11 states applicants do not have a right to a hearing before the ABCMR.  The Director or the ABCMR may grant a formal hearing whenever justice requires.

DISCUSSION AND CONCLUSIONS:

1.  His DA Form 2-1 does not show he was awarded either the Defense Meritorious Service Medal or the Legion of Merit.  There are no orders in his official records awarding either the Defense Meritorious Service Medal or 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 Defense Meritorious Service Medal and the Legion of Merit to his DD Form 214.

3.  The applicant's request for a personal appearance hearing was carefully considered.  However, by regulation, an applicant is not entitled to a hearing before the Board.  Hearings may be authorized by a panel of the Board or by the Director of the ABCMR.  In this case, the evidence of record and independent evidence provided by the applicant/counsel is sufficient to render a fair and equitable decision at this time.  As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case.

BOARD VOTE:

________  ________  ________   GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ___X__ _  DENY APPLICATION
	


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _  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



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ABCMR Record of Proceedings (cont)                                         AR20130009919



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