IN THE CASE OF:
BOARD DATE: 2 December 2014
DOCKET NUMBER: AR20140006454
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 award of the Legion of Merit and the Joint Meritorious Unit Award (3rd Award).
2. The applicant states he discovered the error while filing his DD Form 214 with his county office.
3. The applicant provides:
* DD Form 214
* DA Form 4980-11 (Legion of Merit Certificate)
* Permanent Order 338-5
* a memorandum, dated 28 January 1997
* Citation
* Orders 161-3
* Orders 190-7
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 enlisted in the Regular Army on 14 July 1977.
3. He provides and his record contains Headquarters, U.S. Army Office of Military Support, Permanent Order 338-5 dated 4 December 1997, which show he was awarded the Legion of Merit.
4. His record contains an undated memorandum from the U.S. Army Office of Military Support, Joint Staff Permanent Order Number J-1SO-0309-95, authorizing him to retain and wear the Joint Meritorious Unit Award. The period of time covered for the award was 1 September 1993 to 31 May 1995.
5. His record contains a DA Form 2-1 (Personnel Qualification Record) which lists the Joint Meritorious Unit Award (2nd Award). The form was last reviewed and authenticated by the applicant on 20 November 1995. This form further shows he was assigned to Headquarters, U.S. Army Intelligence and Security Command, Fort Belvoir, VA for the period 22 January 1991 to 30 September 1993 and the U.S. Army Office of Military Support, Washington, DC from 1 October 1993 until his retirement.
6. On 30 September 1997, he was honorably retired from military service after completing 20 years, 2 months, and 17 days of service. His DD Form 214 lists the Joint Meritorious Unit Award (2nd Award). This form does not show he was awarded the Legion of Merit.
7. The applicant provides:
a. A memorandum, dated 28 January 1997, approving award of the Joint Meritorious Unit Award for the National Security Agency/Central Security Agency Service for the period 1 June 1991 to 1 June 1995.
b. The citation to accompany the award of the Joint Meritorious Unit Award to the National Security Agency/Central Security Service from 1 June 1991 to 1 June 1995.
8. Department of Defense (DOD) Instruction 1348.33 (Military Awards Program) provides, in pertinent part, that the Joint Meritorious Unit Award was authorized by the Secretary of Defense on 10 June 1981. It is awarded to recognize joint units and activities for meritorious achievement or service, superior to that which is normally expected. Qualifying achievements must be superior to that which is expected under conditions of combat with an armed enemy of the United States, a declared national emergency situation or extraordinary circumstances and should be operational in nature. The Joint Meritorious Unit Award may not be awarded to any DOD activity which has received any other unit award for the same achievement or period of service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to correct his DD Form 214 to show he was awarded the Legion of Merit and the Joint Meritorious Unit Award (3rd Award) has been carefully examined and found to have partial merit.
2. Permanent orders awarded him the Legion of Merit; therefore, he is entitled to correction of his DD Form 214 to list this award.
3. His DA Form 2-1 lists the Joint Meritorious Unit Award (2nd Award). The form was last reviewed and authenticated by the applicant on 20 November 1995.
4. He provides an order and citation that show the Joint Meritorious Unit Award was approved for personnel assigned to the National Security Agency/Central Security Agency Service for the period 1 June 1991 to 1 June 1995; however, he provides and his records contain insufficient evidence to support his request for correction of his record to show he is authorized a third award of the Joint Meritorious Unit Award.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x____ ___x____ ____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to listing award of the Joint Meritorious Unit Award (3rd Award) on 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) AR20140006454
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ABCMR Record of Proceedings (cont) AR20140006454
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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