MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           30 July 2002      
	DOCKET NUMBER:   AR2002069001

	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. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Ms. Karen A. Heinz		Member	
	Mr. Thomas Lanyi		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:  Correction of his retirement DD Form 214 (Certificate of Release or Discharge from Active Duty) to show two awards of the Legion of Merit. 

APPLICANT STATES:  In effect, that he received two awards of the Legion of Merit during his 30 years of service, but only one award is shown on his DD Form 214.  He contends that he received one award of the Legion of Merit for his prisoner of war status (8 February 1968 to 27 March 1973) but he cannot remember when he received the second award of the Legion of Merit.  He requests that his service personnel records be reviewed and that his DD Form 214 be corrected to show two awards of the Legion of Merit.  In support of his application, he submits a copy of his DD Form 214.   

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

The applicant completed over 30 years of active duty on 31 August 1980 when he retired in the rank of colonel.

The applicant’s retirement DD Form 214, which was authenticated in his own hand, shows one award of the Legion of Merit as an authorized award.

The applicant’s service personnel records contain Letter Orders, dated 
29 October 1974, which show the applicant was awarded the Legion of Merit for exceptionally meritorious service to the United States of America while detained as a Prisoner of War during the period 8 February 1968 to 27 March 1973.  The available records also contain a citation for this award.

Section VIII (Awards and Decorations) on the applicant’s Officer Record Brief, dated March 1980, shows one award of the Legion of Merit.

Item 9 (Awards, Decorations & Campaigns) on the applicant’s DA Form 2-1 (Personnel Qualification Record) also shows entitlement to one award of the Legion of Merit.    

There is no evidence in the available records which shows the applicant was recommended for or received a second award of the Legion of Merit.

The applicant is entitled to award of the Prisoner of War Medal and the Meritorious Unit Commendation which will be administratively corrected.

Army Regulation 600-8-22 (Military Awards) 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.  There are regulatory provisions for lost recommendations but not for late recommendations, reconsideration, nor for upgrading to a more prestigious award.

Army Regulation 600-8-22 provides, in pertinent part, for award of the Prisoner of War Medal.  The regulation states that the Prisoner of WarMedal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive.

Army Regulation 600-8-22, in pertinent part, states that effective 1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.  

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.  The Board considered the applicant’s contention that he received two awards of the Legion of Merit during his 30 years of service.  However, evidence of record shows the applicant received one award of the Legion of Merit for exceptionally meritorious conduct in the performance of outstanding service during the period 8 February 1968 to 27 March 1973.      

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he received a second award of the Legion of Merit.  

3.  Evidence of record also shows that the applicant signed his retirement DD Form 214 attesting to the fact that he was entitled to one award of the Legion of Merit.

4.  Based on the foregoing, the Board determined that there is insufficient evidence on which to base a second award of the Legion of Merit in this case.

5.  The Board noted that the applicant was eligible for award of the Prisoner of War Medal and the Meritorious Unit Commendation which are not shown on his discharge document.  Therefore, the Army Review Boards Agency (ARBA), Support Division, St. Louis is directed to make an administrative correction to the applicant’s discharge document to show these awards.

6.  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 this requirement.

7.  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.

NOTE:  Request that the Army Review Boards Agency (ARBA), Support Division, St. Louis, furnish the individual concerned a DD Form 215 (Correction to DD Form 214) to show in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the Prisoner of War Medal and the Meritorious Unit Commendation which is based on Department of the Army General Orders Number 42, dated 1968.    

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

AAO___  KAH_____  TL______  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002069001	
SUFFIX		
RECON		
DATE BOARDED	20020730	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0009	
2.		
3.		
4.		
5.		
6.