PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                19 January 2000
	DOCKET NUMBER:        AR1999025630

	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.  

	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. John P. Infante		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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of Legion of Merit (LOM). 

3.  The applicant states, in effect, that the LOM is not listed on his DD Form 214
In support of his application he submit a copy of his DD Form 214 and DA Form 638 (Recommendation for Award), Permanent Order No 351-01, dated 17 December 1998.

4.  The applicant’s military records show he entered active duty on 29 November 1978 and continued to serve through a series of continuous reenlistments until he was placed on the Army of the United States Retired List effective 1 December 1998 in the pay grade of SFC/E-7.

5.  The applicant’s DD Form 214 does not show the LOM as an authorized award.

6.  The applicant provided a copy of a DA Form 638, which shows that he was awarded the Legion of Merit by Headquarters, Department of the Army Military Personnel Service Center Permanent Order No 351-01, dated 17 December 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

CONCLUSIONS:

1.  Evidence of record shows that the applicant was awarded the Legion of Merit by Permanent Order No 351-01, dated 17 December 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:  

RVO____  CLG_____  JPI_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR1999025630	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000119	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19981130	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 55		
2.		
3.		
4.		
5.		
6.