IN THE CASE OF:
BOARD DATE: 29 July 2014
DOCKET NUMBER: AR20130020869
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 records to show award of the Legion of Merit.
2. The applicant states he earned and was awarded the Legion of Merit in February 1990 for his exceptionally meritorious service and he just recently discovered the award is not recorded on his discharge document.
3. The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), DA Form 4980-11 (Legion of Merit Certificate), and permanent orders.
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 was appointed as a Reserve commissioned officer in the rank of second lieutenant on 9 June 1967. He entered active duty on 11 June 1967 and:
* was branch detailed to the Engineer Corps
* served overseas in Vietnam and Germany
* was promoted to lieutenant colonel (O-5) on 1 February 1984
3. The applicant's DD Form 214 shows he entered active duty this period on
11 June 1967 and he was retired from active duty for length of service on
31 January 1990. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) fails to show that he was authorized or awarded the Legion of Merit.
4. A review of the applicant's military personnel records failed to reveal any evidence that he was awarded the Legion of Merit.
5. In support of his application the applicant provides a copy of a Legion of Merit Certificate and Headquarters, U.S. Army Materiel Command, Alexandria, VA, Permanent Orders 14-6, dated 16 February 1990, that awarded the applicant the Legion of Merit for exceptionally meritorious service as a Systems Integration Officer, Fire Support Armaments Center, U.S. Army Armaments, Research, Development, and Engineering Center from 9 October 1986 to 31 January 1990.
6. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214. The instructions for item 13 state that entries will be for all periods of service. Check the Soldier's military service records for the validity of awards.
DISCUSSION AND CONCLUSIONS:
Permanent orders awarded the applicant the Legion of Merit. Therefore, it would be appropriate to correct the applicant's DD Form 214 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 the Legion of Merit to item 13 of 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) AR20130020869
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ABCMR Record of Proceedings (cont) AR20130020869
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