IN THE CASE OF:
BOARD DATE: 14 July 2015
DOCKET NUMBER: AR20140020725
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 his Legion of Merit (LOM).
2. The applicant states his award of the LOM was not included on his
DD Form 214.
3. The applicant provides copies of:
* DD Form 214
* 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 13 June 1980, the applicant entered the Regular Army as a commissioned officer. He was promoted to colonel, pay grade O-6 effective 1 April 2002.
3. The applicant provides an LOM Certificate showing Permanent Orders Number 215-1 issued by U.S. Army Space and Missile Defense Command on 3 August 2005 announced his award of the LOM for exceptionally meritorious service from 31 January 1996 to 31 January 2006 (retirement award).
4. The applicant's DD Form 214 shows that:
a. On 31 January 2006, he was retired with an honorable characterization of service. He had completed 28 years, 7 months, and 18 days of creditable active duty service.
b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not include an award of the LOM.
5. Army Regulation 635-8 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. All awards for all periods of service are to be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the LOM.
2. The available evidence shows that the applicant was awarded the LOM for exceptionally meritorious service upon his retirement. Therefore, his DD Form 214 should be corrected to reflect this medal.
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 to his DD Form 214 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) AR20110020180
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ABCMR Record of Proceedings (cont) AR20140020725
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