RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 April 2008 DOCKET NUMBER: AR20070014076 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. Catherine C. Mitrano Director Mr. Mohammed R. Elhaj Analyst The following members, a quorum, were present: Mr. Eric N. Anderson Chairperson Mr. Peter B. Fisher Member Mr. Jeffrey C. Redmann Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his records to show award of the Legion of Merit. 2. The applicant states his DD Form 214 (Certificate of Release or Discharge from Active Duty) was completed before the approved award was returned. 3. The applicant provides a copy of Certificate, dated 9 May 2005, showing award of the Legion of Merit. CONSIDERATION OF EVIDENCE: 1. The applicant is a retired air defense artillery sergeant major who entered the Regular Army on 14 January 1972 and was placed on the Retired List on 30 September 2005. 2. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Legion of Merit, the Bronze Star Medal, the Meritorious Service Medal (3rd Award), the Army Commendation Medal (3rd Award), the Army Achievement Medal (7th Award), the Valorous Unit Award, the Good Conduct Medal (9th award), the National Defense Service Medal (3rd award), the Global War on Terrorism Service Medal), the Southwest Asia Service Medal with three bronze service stars, the Noncommissioned Officer Professional Development Ribbon (4th Award), the Army Service Ribbon, the Overseas Service Ribbon (5th Award), the Kuwait Liberation Medal (SA), the Kuwait Liberation Medal (K), and the Parachutist Badge. 3. The applicant provided a Department of the Army Certificate for award of the Legion of Merit, dated 9 May 2005. This certificate shows that the applicant was awarded the Legion of Merit for meritorious service while assigned to the U.S. Army Garrison, Fort Bliss, Texas, and other positions from October 1995 to September 2005. This certificate is authenticated by a division level commander and contains the order number 129-12. 4. The applicant's records do not contain orders showing he was awarded a second award of the Legion of Merit. 5. 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. The first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Legion of Merit. DISCUSSION AND CONCLUSIONS: 1. Evidence of record shows that the applicant was awarded the Legion of Merit on 9 May 2005 for meritorious service from October 1995 to September 2005 and that this award is shown on his DD Form 214. There is no evidence in the available record and the applicant did not provide any evidence that shows he was awarded a second award of the Legion of Merit. 2. In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant did not submit evidence that would satisfy that requirement. Therefore, he is not entitled to relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __ena___ __pbf___ __jcr___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. Eric N. Anderson ______________________ CHAIRPERSON