IN THE CASE OF:
BOARD DATE: 7 April 2015
DOCKET NUMBER: AR20140014351
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Legion of Merit (LOM).
2. The applicant states she received her award after retirement. Additionally, she was married then divorced and then remarried.
3. The applicant provides:
* DD Form 214
* LOM Certificate
* Marriage certificate
* Four Meritorious Service Medal Certificates
* An Army Commendation Medal 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 enlisted service, the applicant was appointed as a Reserve commissioned officer and entered active duty on 21 November 1969. She served in a variety of staff and/or command positions and she attained the rank of lieutenant colonel (LTC).
3. She was assigned as a Nurse/Chief Nurse to:
* Alaska, from August 1982 to March 1984
* Fort Sam Houston, TX from April 1984 to September 1988
* Germany, from September 1988 to October 1991
* Fort Sam Houston, October 1991 to March 1992
4. She was retired on 31 March 1992 and she was placed on the Retired List in her retired rank of LTC on 1 April 1992. She completed 25 years, 5 months, and 13 days of total active service. Her DD Form 214 shows she was awarded or authorized the:
* Meritorious Service Medal (3rd Oak Leaf Cluster)
* Army Commendation Medal
* National Defense Service Medal with service star
* Army Service Ribbon
* Overseas Service Ribbon (3rd Award)
5. Her records do not contain permanent orders awarding her the LOM. Additionally, her DA Form 2-1 (Personnel Qualification Record) and Officer Record Brief do not show she was awarded the LOM. However, she provides an LOM Certificate dated 13 March 1992 showing she was awarded the LOM for meritorious conduct in the performance of outstanding service during the period
1 April 1981 to 31 March 1992 and that her performance reflected great credit on the U.S. Health Services Command.
6. Army Regulation 600-8-22 (Military Awards) states:
a. The LOM is awarded to individuals who distinguish themselves by exceptionally meritorious conduct in the performance of outstanding services and achievements. The performance must merit recognition of key individuals for service rendered in a clearly exceptional manner. Performance of duties normal to the grade, branch, specialty, or assignment and experience of an individual is not an adequate basis for this award. In peacetime, service should be in the nature of a special requirement or an extremely difficult duty performed in an unprecedented and clearly exceptional manner. However, justification may accrue by virtue of exceptionally meritorious service in a succession of important positions. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
b. 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:
1. Despite the absence of official orders for the LOM, she provides a certificate that shows she was awarded the LOM for meritorious conduct in the performance of outstanding service during the period 1 April 1981 to 31 March 1992 and that her performance reflected great credit on the U.S. Health Services Command.
2. This award is clearly a retirement award and appears to be commensurate with her senior grade and key position. Any doubt should be resolved in her favor. Therefore, she is entitled to correction of her DD Form 214 to show 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 adding the Legion of Merit to her 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) AR20140014351
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ABCMR Record of Proceedings (cont) AR20140014351
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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