PROCEEDINGS

	IN THE CASE OF:

	BOARD DATE:                9 June 1999
	DOCKET NUMBER:        AR1998013491

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchanon		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. James P. Steuve		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests award of Legion of Merit (LOM). 

3.  The applicant states that his LOM was not approved at the time of his transition processing.  He also states that his DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show his LOM.  In support of his application he submit a copy of his DA Form 638 (Recommendation for Award), Permanent Order No 34-3, dated 3 February 1998.

4.  The applicant’s military records show he was commissioned as a second Lieutenant in the Signal Corps in the Regular Army on 2 June 1976.  He continued to serve until he was honorably released from active duty and placed on the Army of the United States Retired List effective 1 April 1998 in the pay grade of 0-5/LTC.

5.  The applicant’s DD Form 214 shows that he was awarded the 
Defense Superior Service Medal, the Defense Meritorious Service Medal 
(3rd Award), the Meritorious Service Medal, the Army Commendation Medal
(2nd Award), the Joint Meritorious Unit Award (4th Award), the National Defense Service Medal (2nd Award), the Army Service Ribbon, the Overseas Service Ribbon and the Parachutist Badge.

6.  The applicant provides a copy of a DA Form 638, which shows that he was awarded the Legion of Merit by Permanent Order No 34-3, dated 3 February 1998.

7.  Army Regulation 600-8-22 states, in pertinent part, that the Legion of Merit 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. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  There are regulatory provisions for lost recommendations but not for late recommendations, reconsideration, nor for upgrading to a more prestigious award.

CONCLUSIONS:

1.  Evidence of record shows that the applicant was awarded the Legion of Merit by Permanent Order No 34-3, dated 3 February 1998.  Therefore, he is entitled to correction of his records to show this award.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Legion of Merit.

BOARD VOTE:  

EB______  RJW____  JPS_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Elizabeth Buchanon____
		        CHAIRPERSON

INDEX

CASE ID	AR1998013491	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990609	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19980331	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 55		
2.		
3.		
4.		
5.		
6.