IN THE CASE OF:	  

		BOARD DATE:	       15 October 2008 

		DOCKET NUMBER:  AR20080010824 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Legion of Merit.

2.  The applicant states that he was awarded the Legion of Merit after he received his DD Form 214. 

3.  The applicant provides a copy of his DD Form 214, and an award certificate and orders for the Legion of Merit, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.


2.  The applicant enlisted on 25 October 1974 and served as a medical noncommissioned officer and mortuary affairs specialist.  He remained on active duty through continuous reenlistments until he retired on 31 October 1996 in the rank of first sergeant.  

3.  The applicant’s DD Form 214 does not show the Legion of Merit as an authorized award.

4.  Headquarters, U.S. Army Medical Command Permanent Order Number 
219-10, dated 6 August 1996, shows the applicant received the Legion of Merit for the period 1 November 1986 to 31 October 1996. 

DISCUSSION AND CONCLUSIONS:

Orders show the applicant received the Legion of Merit.  Therefore, his DD Form 214 should be corrected to show this award.  

BOARD VOTE:

___XX_____  ____XX____  ___XX_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Legion of Merit to his DD Form 214.



      ________XXXX________________
                CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080010824



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080010824



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1