IN THE CASE OF:
BOARD DATE: 10 June 2014
DOCKET NUMBER: AR20130017992
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Legion of Merit (LOM).
2. She states the LOM was not completed prior to the completion of her
DD Form 214.
3. She provides her DD Form 214, self-authored statement, and DA Form 638 (Recommendation for Award) with LOM 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. After having prior enlisted service, on 14 December 1991, the applicant was appointed as a second lieutenant in the Regular Army and entered active duty on 4 January 1992. She was retired from active duty on 31 December 2009 in the rank of lieutenant colonel. The DD Form 214 she was issued does not show award of the LOM.
3. The applicant provides a DA Form 638 and LOM certificate that show she was awarded the LOM by Permanent Order Number 334-04, issued by Headquarters, Department of the Army, Office of the Chief of Public Affairs, dated 30 November 2009.
DISCUSSION AND CONCLUSIONS:
Permanent orders awarded the applicant the LOM which is not shown on her DD Form 214. Therefore, her 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 amending her DD Form 214 to show award of the LOM.
___________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) AR20130017992
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ABCMR Record of Proceedings (cont) AR20130017992
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