MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            21 July 1999
	DOCKET NUMBER:   AR1999016541

	I certify that hereinafter is recorded the record of consideration 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:

	Mr. Curtis W. Barbee		Chairperson	
	Mr. James M. Alward		Member	
	Mr. Robert G. Hinkle		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  In effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he was awarded the Legion of Merit (LOM).

APPLICANT STATES:  In effect, that at the time of his retirement from the US Army, and after serving over 25 years of service, he was given no recognition or
award for his service.  He also states that he has recently learned that the US Army normally presents a LOM to a retiring Sergeant Major.  He further states that he was not afforded the customary retirement honors due to his serious moral and professional differences between him and his last Officer in Charge (OIC).  He goes on to state that his 25 years of honorable service is unmarred by disciplinary action and is recognized as outstanding and meritorious by numerous commendations and awards which merits the customary retirement honors normally given to senior enlisted personnel.  In support of his application he submits 22 documents which consist of (awards, letters of commendation and letters of appreciation).

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant’s military records show he entered active duty on 16 June 1958.
He completed over 25 years of active Federal service and was separated from active duty on 31 January 1984 and retired in the pay grade of E-9/SGM.

The applicant’s DD Form 214 does not show the LOM as an authorized award.  The applicant’s personnel records failed to show that he was recommended for or awarded the LOM.

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.  

Paragraph 1-21 of Army Regulation 600-8-22 (Military Awards) governs recognition upon retirement.  Specifically, this paragraph states that each individual approaching retirement may be considered for an appropriate decoration based on his or her grade, years of service, degree or responsibility and manner of performance.  For meritorious service awards at retirement, this paragraph also permits inclusion of service longer than that served within the command recommending the award.  The regulation recommends that these periods not exceed 10 years and states that an extended period should only be considered in those cases where the length or nature of the individual’s terminal assignment would not qualify him or her for an appropriate award.

Paragraph 3-1c of Army Regulation 600-8-22 (Military Awards) states that the decision to award an individual a decoration and the decision as to which award is appropriate are both subjective decisions made by the commander having award authority.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  There is no evidence, and the applicant has provided no evidence to show he was recommended for or awarded the LOM.  Contrary to the applicant’s contentions that retiring sergeants major receive the LOM, the governing regulation provides that awards of the LOM are based on exceptionally meritorious conduct in the performance of outstanding services and achievements.

2.  The Board notes that the decision to award an individual a decoration and the decision as to which award is appropriate are both subjective decisions made by the appropriate recommending official and approval authority.  

3.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

CWB____  JMA____  RGH_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999016541	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990721	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19840131	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  55		
2.		
3.		
4.		
5.		
6.