PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           6 February 2001
	DOCKET NUMBER:   AR2000045520

	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. Carl W. S. Chun		Director	
	Mr. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas Lanyi		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 that his Certificate of Release or Discharge from Active Duty (DD Form 214) be corrected to show award of the Legion of Merit (LOM).

3.  The applicant states that his LOM, awarded at the time of his retirement, was not entered on his DD Form 214.  In support of his application, he provides a copy of the award recommendation to include orders data and a copy of the award certificate.

4.  The applicant’s military records show that he entered the Army on 27 August 1974 and served in a series of assignments both in the United States and overseas.  He attained the rank of command sergeant major on 15 July 1996 and retired for length of service on 1 August 2000.  He completed 26 years, 1 month and 14 days of creditable active service.

5.  The applicant’s DD Form 214 shows in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) that the highest award he received was the Meritorious Service Medal.

6.  On 15 December 1999 the applicant was recommended for award of the LOM by his battalion commander for meritorious service during the period from           1 August 1990 through 31 July 2000.  The recommendation was processed through the proper chain of command and was approved on 26 April 2000 by the appropriate authority.

CONCLUSIONS:

1.  The applicant’s DD Form 214 does not show any award of the LOM during his period of active service.

2.  The available evidence sufficiently supports the applicant’s contention that he was awarded the LOM and therefore, it should be added to his DD Form 214. 

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, particularly the DD Form 214 of the individual concerned, be corrected by showing in item   13 the award of the Legion of Merit.

BOARD VOTE:  

__RVO__  __WTM__  ___TL___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor, Jr.     
		        CHAIRPERSON

INDEX

CASE ID	AR2000045520	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010206	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.