PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                24 February 2000
	DOCKET NUMBER:        AR1999028069

	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:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. James P. Huber		Member	
	Ms. Margaret V. Thompson		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) and amendment of Headquarters, United States Army Training and Doctrine Command Permanent Orders 86-12, dated 27 August 1982.

3.  The applicant states that the order awarding him the LOM was dated 27 August 1982 subsequent to his retirement date of 1 August 1982 and therefore could not be added to his DD Form 214.  He also states that Headquarters, United States Army Training and Doctrine Command Permanent Orders 86-12, dated 27 August 1982 shows his first name as “Jamie” instead of “Jaime” and his rank as “SGM” instead of “CSM”.  In support of his application he submits a copy of his DD Form 214, a copy of Headquarters, United States Army Field Artillery Center and Fort Sill Orders Number 53-212, dated 22 February 1982 and a copy of Headquarters, United States Army Training and Doctrine Command Permanent Orders 86-12, dated 27 August 1982.

4.  The applicant’s military records show he entered active duty on 15 July 1952 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 August 1982 
in the pay grade of CSM/E-9.

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

6.  Headquarters, United States Army Training and Doctrine Command Permanent Orders 86-12, dated 27 August 1982, awarded the applicant the Legion of Merit for exceptional meritorious conduct in the performance of outstanding service from 31 July 1972 to 31 July 1982.

7.  The same order, which awarded the applicant the LOM, shows his first name as “Jamie” instead of “Jaime” and his rank as “SGM” instead of “CSM”.

8.  The applicant’s DD Form 4 (Enlistment Record – United States Army) with an effective date of 15 July 1952 shows his name as Jaime. 

9.  The applicant’s DA Form 2-1 (Personnel Qualification Record) item
18 (Appointments and Reductions) shows that he was appointed as Command Sergeant Major (CSM) on 20 August 1975.

CONCLUSIONS:

1.  Evidence of record shows that the applicant was awarded the Legion of Merit by Permanent Orders Number 86-12, 27 August 1982.  Therefore, he is entitled to correction of his records to show this award.

2.  Headquarters, United States Army Training and Doctrine Command Permanent Orders 86-12, dated 27 August 1982 awarding him the Legion of Merit clearly show his first name as “Jamie” instead of “Jaime” and his rank as “SGM” instead of “CSM”.  Therefore, he is entitled to correction of Headquarters, United States Army Training and Doctrine Command Permanent Orders 86-12, dated 27 August 1982 to show his first name as “Jaime” instead of “Jamie” and his rank as “CSM” instead of “SGM”.

3.  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 and by amending Headquarters, United States Army Training and Doctrine Command Permanent Orders 86-12, dated 27 August 1982 to show his first name as “Jaime” and his rank as “CSM”.

BOARD VOTE:  

CLA____  JPH_____  MVT____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Celia L. Adolphi______
		        CHAIRPERSON

INDEX

CASE ID	AR1999028069	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000224	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19820731	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 55		
2.  1021		
3.		
4.		
5.		
6.