IN THE CASE OF: BOARD DATE: 14 April 2009 DOCKET NUMBER: AR20080012388 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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Legion of Merit (LOM). 2. The applicant states, in effect, that the LOM was awarded after his retirement. The applicant also states, in effect, that the certificate was lost for 3 years after he moved. The applicant finally states, in effect, that the award is not listed in the computer-based official military record files. 3. The applicant provides a copy of his DD Form 214 and a copy of his LOM Award Certificate, dated 30 May 1991. 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's record shows that he was commissioned as a second lieutenant and entered active duty on 26 August 1970. The highest rank/pay grade he attained while serving on active duty was lieutenant colonel (LTC)/pay grade O-5. 3. Section III (Awards and Campaigns) of the applicant's Officer Record Brief (ORB) shows he was awarded the Meritorious Service Medal (2nd award), the Army Commendation Medal (2nd award), the National Defense Service Medal (2nd award), the Armed Forces Reserve Medal, the Army Service Ribbon, the Overseas Service Ribbon, and the Expert Field Medical Badge. 4. On 30 April 1991, the applicant retired honorably from active duty after completing a total of 20 years, 8 months, and 5 days of creditable active service. The DD Form 214 that he was issued shows he was awarded the Meritorious Service Medal with oak leaf cluster, the Army Commendation Medal with oak leaf cluster, the National Defense Service Medal with bronze service star, the Armed Forces Reserve Medal, the Army Service Ribbon, the Overseas Service Ribbon, and the Expert Field Medical Badge. His DD Form 214 does not show award of the LOM. 5. The applicant provided a copy of his LOM Award Certificate signed by the Commanding General, U.S. Army Health Services Command, dated 30 May 1991, which shows he was awarded the LOM for exceptionally meritorious conduct in the performance of outstanding services in various positions of great responsibility during the period 21 August 1970 through 30 April 1991. 6. A review of the applicant's official records failed to reveal orders awarding the LOM, the LOM award certificate, or a copy of the DA Form 638 Recommendation for Award) recommending the applicant for the LOM. His ORB does not show award of the LOM. 7. Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents (DD Form 214/5). Item 13 of the DD Form 214 lists awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards). Each entry is verified by the individual's service record. DISCUSSION AND CONCLUSIONS: 1. The applicant's contentions that his records should be corrected to show award of the LOM were carefully considered and found to be insufficient in merit. 2. The applicant provided a copy of his LOM Award Certificate; however, regulatory guidance requires that each entry on the DD Form 214 be verified by an individual's service record. There is no substantiating evidence in the applicant's records that show he was recommended for and/or awarded the Legion of Merit. Army regulation states that for personal decorations, formal recommendation, approval through the chain of command, and announcement of orders are required. In the absence of orders, there is insufficient evidence to award the applicant the LOM. 3. 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 any evidence that would satisfy this requirement. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ____X____ ____X____ 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. ____________X_____________ 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) AR20080012388 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080012388 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1