PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            1 February 2001
	DOCKET NUMBER:   AR2000046252

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Barbara J. Lutz		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, in effect, that his record be corrected to show he earned the First (1st) Oak Leaf Cluster (OLC) to the Legion of Merit (LOM).

3.  The applicant states, in effect, that his LOM 1st OLC orders were published subsequent to his release from active duty (REFRAD) and were never added to his Department of Defense (DD) Form 214 ( Report of Separation from Active Duty).

4.  The applicant’s military records show that on 31 July 1976, he was honorably REFRAD, by reason of length of service retirement, and on the following day placed on the Retired List.  At the time of his separation, he held the rank and pay grade of command sergeant major/E-9 (CSM/E-9) and he had completed a total of 28 years, 7 months, and 21 days of active military service. 

5.  The DD Form 214 issued to the applicant on the date of his separation indicates, in block 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) that the applicant had earned the Legion of Merit, Bronze Star Medal with 1st OLC, Meritorious Service Medal, Army Commendation Medal, Air Medal, Good Conduct Medal 9th award, National Defense Service Medal with 1st OLC, Presidential Unit Citation, Korean Service Medal, Army of Occupation Medal-Korea, United Nations Service Medal, Republic of Vietnam Gallantry Cross Unit Citation, Republic of Vietnam Presidential Unit Citation, Vietnam Service Medal, and Republic of Vietnam Campaign Medal.

The applicant’s Military Personnel Records Jacket (MPRJ) contains a copy of Permanent Orders Number 7-3, dated 23 July 1976, which was published by Headquarters, United States Army Training and Doctrine Command, Fort Monroe, Virginia and the accompanying award certificate.  This order authorized the award of the LOM 1st OLC to the applicant for his exceptionally meritorious conduct in the performance of outstanding service, for the period 22 August 1972 to 31 July 1976.  

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he was awarded the LOM 
1st OLC subsequent to his REFRAD and it should be added to his separation document and agrees with this claim.    

2.  The evidence of record includes a copy of Permanent Order 7-3, dated 
23 July 1976, which awarded the applicant the LOM 1st OLC for the period 
22 August 1972 to 31 July 1976.  Although this award was approved subsequent to his separation, the Board concludes it would be in the interest of justice and equity to add it to his DD Form 214 at this time. 
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 the individual concerned was awarded the LOM 1st OLC for his exceptionally meritorious service, for the period 22 August 1972 to 31 July 1976, and by issuing him a corrected separation document that reflects this change. 

BOARD VOTE:  

___ls____  __ja ____  __bjl____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Luther L. Santiful____
		        CHAIRPERSON

INDEX

CASE ID	AR2000046252	
SUFFIX		
RECON		
DATE BOARDED	2001/02/01	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1976/07/31	
DISCHARGE AUTHORITY	AR 635-200 C12	
DISCHARGE REASON	Retirement 	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  55	107.0009	
2.		
3.		
4.		
5.		
6.