IN THE CASE OF:
BOARD DATE: 19 February 2015
DOCKET NUMBER: AR20140012183
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 he was awarded the Legion of Merit (LOM).
2. The applicant states the LOM is not shown on his DD Form 214 because he was issued the DD Form 214 prior to his transition leave and he was presented the LOM while on transition leave.
3. The applicant provides a DD Form 214 and his 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. The applicant, after prior active and inactive military service, reenlisted in the Army National Guard on 29 March 1986. He entered active duty in an Active Guard/Reserve status on 28 August 1986.
3. He was retired on 12 July 2001. His DD Form 214 does not show the LOM as an authorized award.
4. He provided an LOM Certificate that shows he was awarded the LOM for service spanning his 29-year career. The certificate is annotated as Permanent Orders Number 129-4, issued by Headquarters, First U.S. Army on 9 May 2001.
5. Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's retirement, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. Item 13 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the awards and decorations a Soldier was awarded or authorized for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards). Each entry was to be verified by the Soldier's records.
DISCUSSION AND CONCLUSIONS:
The evidence shows the applicant was awarded the LOM by permanent orders, dated 9 May 2001, for service spanning his 29-year career; however, this award was not recorded on his DD Form 214. Therefore, it would be appropriate to correct his DD form 214 to show he was awarded the LOM.
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 his DD Form 214 to add the Legion of Merit.
__________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) AR20140012183
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ABCMR Record of Proceedings (cont) AR20140012183
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