IN THE CASE OF:
BOARD DATE: 11 September 2014
DOCKET NUMBER: AR20140001027
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Legion of Merit.
2. The applicant states the award was not entered on his DD Form 214.
3. The applicant provides a DA Form 638 (Recommendation for Award) and Legion of Merit 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. Having had prior service, the applicant entered active duty from the U.S. Army Reserve on 20 August 1979 and he held military occupational specialty 79D (Reenlistment Noncommissioned Officer).
3. He served through multiple reenlistments in a variety of stateside and/or overseas assignments and he attained the rank/grade of master sergeant (MSG)/E-8.
4. On 18 May 1996, his chain of command at the 310th Theater Area Command Fort Belvoir, VA recommended him for award of the Legion of Merit. The DA Form 638 shows this was a retirement award covering the period 1 January 1986 through 31 August 1996.
5. On 31 August 1996, he retired and he was placed on the Retired List in the rank/grade of MSG/E-8 on 1 September 1996. His DD Form 214 does not show the Legion of Merit.
6. Headquarters, First U.S. Army, Fort Gillem, GA, Permanent Orders (PO) Number 162-8, dated 11 June 1997, awarded him the Legion of Merit for exceptionally meritorious service.
7. Army Regulation 600-8-22 (Military Awards) states each individual approaching retirement may be considered for an appropriate decoration based on his or her grade, years of service, degree of responsibility, and manner of performance. Meritorious service awards may be awarded upon retirement which may include periods of service longer than that served in the recommending command. It is recommended that such periods be limited to the last 10 years of service.
DISCUSSION AND CONCLUSIONS:
PO awarded the applicant the Legion of Merit for service from 1 January 1986 through 31 August 1996 which is not shown on his DD Form 214. Therefore, he is entitled to correction of his 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 his DD Form 214 for the period ending 31 August 1996.
___________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) AR20140001027
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140001027
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140020397
His record does not contain a DA Form 638 (Recommendation for Award) or a certificate showing he was awarded the Military Outstanding Volunteer Service Medal. The applicant's request for correction of his DD Form 214 to show the Legion of Merit (3rd Award) and the Military Outstanding Volunteer Service Medal was carefully considered. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the Legion of Merit (2nd Award)...
ARMY | BCMR | CY2013 | 20130021530
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. 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,...
ARMY | BCMR | CY2007 | 20070010531
The applicant requests, in effect, that his retired rank of master sergeant (MSG) be changed to first sergeant (1SG) on his DD Form 214 (Certificate of Release or Discharge from Active Duty). Additionally, the regulation states, in pertinent part, that Item 4 "Grade, Rate, or Rank" of the DD Form 214 will reflect the active duty grade or rank and pay grade at time of separation. Evidence of record shows that the applicants grade, at the time of his separation, was MSG.
ARMY | BCMR | CY2015 | 20150000690
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 February 2010 by: * adding to item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the Legion of Merit * deleting from item 14 (Military Education) "Military Police (95B), 8 Weeks, 1983" 2. There is no evidence showing he completed 8 weeks of Military Police (95B) training at any time during his military service. As...
ARMY | BCMR | CY2013 | 20130003631
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank as first sergeant (1SG) and to show the Legion of Merit. The applicant provides a DD Form 214, retirement orders, excerpt from Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), DA Form 638 (Recommendation for Award), Legion of Merit Certificate, and his ERB. However, the award was not recorded on his DD Form 214.
ARMY | BCMR | CY2014 | 20140003998
He provided a 1st endorsement to Orders Number 95-425, issued by Headquarters, 205th Military Intelligence Brigade, Germany, dated 20 December 1995, stating the applicant had been deployed in support of Operation Joint Endeavor from 22 December 1995 to 14 July 1996 and qualified for award of the Armed Forces Service Medal and the NATO Medal. His service in Hungary, from December 1995 to 14 July 1996, in support of Operation Joint Endeavor, qualifies him for award of the Armed Forces Service...
ARMY | BCMR | CY2013 | 20130002585
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Meritorious Service Medal (4th Oak Leaf Cluster) and Armed Forces Reserve Medal. The applicant provides: * DD Form 214 * memorandum authorizing him award of the Armed Forces Reserve Medal (1st Award) * Permanent Orders (PO) Number 14-1, dated 14 January 1999, for the Meritorious Service Medal * PO Number 45-2, dated 13 February 2002, and DA Form 638 for the...
ARMY | BCMR | CY2009 | 20090001597
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Legion of Merit. The applicant provides a copy of a DA Form 638 (Recommendation for Award) and a certificate, dated 21 August 2008, and a copy of his DD Form 214, dated 31 August 2008, in support of his request. ___________XXX______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...
ARMY | BCMR | CY2014 | 20140012961
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Korea Defense Service Medal and the second award of the Meritorious Service Medal. The evidence of record confirms the applicant was awarded the Meritorious Service Medal (2nd Award) while his DD Form 214 only shows one award of the medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD...
ARMY | BCMR | CY2013 | 20130007224
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 31 December 2007, to show his pay entry basic date (PEBD) as 4 February 1969 and add the Legion of Merit. The DD Form 214 does not show the PEBD; it shows the date of entry on active duty during the period covered by the DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting from his...