IN THE CASE OF:
BOARD DATE: 7 May 2015
DOCKET NUMBER: AR20140017042
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 that his awards of the Legion of Merit (LOM) and Meritorious Service Medal (MSM) with three oak leaf clusters (3OLC) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) and that his orders awarding him the LOM be corrected to show the period of service as July 1988 to June 1993.
2. The applicant states that his awards of the LOM and MSM (3OLC) were not included on his DD Form 214 and his orders awarding him the LOM incorrectly show the period of service as July 1983 to June 1993 instead of July 1988 to June 1993.
3. The applicant provides copies of orders awarding him the LOM and MSM and permanent change of station orders assigning him to the United States Military Academy (USMA), West Point, New York.
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 was commissioned as a Regular Army second lieutenant upon graduation from the USMA on 4 June 1969. He served in a variety of assignments to include a tour in the Republic of Vietnam with the 32nd Field Artillery Battalion and the 21st Field Artillery Battalion during the period 27 September 1971 through 9 August 1972. He was promoted to the rank of lieutenant colonel on 1 May 1984.
3. Permanent Orders Number 94-5 issued by Headquarters, U.S. Army Reserve Officers Training Corps Cadet Command on 2 June 1988 awarded the applicant the MSM (3OLC) for the period 8 July 1985 to 20 June 1988.
4. The applicant was transferred to the USMA on 20 July 1988 for what appears was his last active duty assignment.
5. On 3 June 1993, Permanent Orders Number 69-5 issued by Headquarters, USMA awarded the applicant the LOM for meritorious service upon retirement for his period of service from July 1983 to June 1993, a 10-year period.
6. On 30 June 1993, the applicant was retired by reason of length of active service. He had served 25 years, 1 month and 18 days of active service. His DD Form 214 issued at the time of his retirement does not reflect his awards of the MSM (3OLC) and the LOM.
7. Army Regulation 600-8-22 (Military Awards) provides in paragraph 1-22, that 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. The applicant was awarded by permanent orders the LOM and the MSM (3OLC) and is entitled to have those awards added to his DD Form 214.
2. However, the applicants contention that his permanent orders awarding him the LOM should be corrected to show the period of his last assignment at the USMA appears to lack merit.
3. The regulation governing the issuance of retirement awards provides that it is appropriate to use the last 10 years of service instead of just the period of one's last assignment. Therefore, there appears to be no error or injustice associated with the orders awarding him the LOM and there is no basis to change the period of the 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 awards of the LOM and MSM (3OLC) 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 correcting the period of service on the permanent order that awarded him the LOM.
_______ _ _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) AR20140017042
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ABCMR Record of Proceedings (cont) AR20140017042
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