IN THE CASE OF:
BOARD DATE: 7 August 2014
DOCKET NUMBER: AR20130021530
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:
https://arbaacts.hqda.ds.army.mil/Case/AR20130021530/FinalAction/Edit
1. The applicant requests reconsideration of his earlier request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) dated
11 May 1991 to show the Legion of Merit, awarded in 1996.
2. The applicant states he is sad that he has to research and otherwise show support for an award that was rightfully presented to him in a ceremony at the Pentagon, attended by 2 ranking general officers at the time.
3. The applicant provides:
* Previous Record of Proceedings
* DA Form 638 (Recommendation for Award) dated 28 March 1996
* Certificate showing award of the Legion of Merit
* Army Reserve Personnel Command (ARPC) Form 249-2-E (Chronological Statement of Retirement Points)
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130003298, dated 17 October 2013.
2. The applicant provides a DA Form 638 that was not previously available for review. This is considered new evidence and warrants consideration by the Board.
3. Having had prior enlisted service, the applicant was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 1 August 1968. He served in a variety of staff or command assignments and he attained the rank of lieutenant colonel (LTC).
4. He entered active duty in support of Operation Desert Shield/Storm on 27 December 1990 and he was honorably released from active duty on 11 May 1991. His DD Form 214 does not show the Legion of Merit.
5. He appears to have been transferred to the Retired Reserve on or about 31 August 1996.
6. He provides a DA Form 638 and an accompanying certificate showing he was awarded the Legion of Merit for service from 1 August 1986 to 1 August 1996 by authority of Permanent Orders Number 121-02, issued by Headquarters, Department of the Army, Military Personnel Service Center, on 30 April 1996.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant entered active duty on 27 December 1990 and he was honorably released from active duty on 11 May 1991. He was issued a DD Form 214 that captured his active service and included any awards he earned on or prior to that date. He had not been awarded the Legion of Merit on that date.
2. In the previous Record of Proceedings, the applicant was advised that there was insufficient evidence in the available record to show he was awarded the Legion of Merit.
3. The applicant now provides the DA Form 638 that confirms this award by PO assigned by Headquarters, Department of the Army, Military Personnel Service Center, on 30 April 1996. However, as he was also previously informed, the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. His last period of active duty ended in 1991 and the Legion of Merit was awarded in 1996, well after his last period of active duty. As such, this award would not be authorized for entry on the last DD Form 214 he was issued. This is still the case now.
4. While the available evidence is insufficient for adding the Legion of Merit to his previously-issued DD Form 214, the applicant may use this Record of Proceedings in addition to the DA Form 638 and certificate to confirm this award. The applicant and all others concerned should know this action in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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 that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20130003298, dated 21 October 2013.
___________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) AR20130021530
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ABCMR Record of Proceedings (cont) AR20130021530
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