IN THE CASE OF: BOARD DATE: 19 MARCH 2009 DOCKET NUMBER: AR20090000639 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 essentially requests reconsideration of his request to correct 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 has now obtained the actual orders awarding him the Legion of Merit. 3. The applicant provides a letter, dated 26 November 2007, from the Army Board for Correction of Military Records (ABCMR); his previous ABCMR decision; and military records which were summarized in the previous decision. He also provides orders, dated 18 May 1987, which awarded him the Legion of Merit. CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant’s case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070009194 on 15 November 2007. 2. In the previous ABCMR proceedings, the applicant's request to have his military records corrected to show the award of the Legion of Merit was denied primarily because there were no orders available awarding him the Legion of Merit. 3. The applicant now provides as new evidence Headquarters, United States Army Health Services Command, Fort Sam Houston, Texas Permanent Orders Number 33-3, dated 18 May 1987, which awarded him the Legion of Merit and warrants reconsideration. 4. Army Regulation 600-8-22 (Military Awards) provides, 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. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his request for correction of his DD Form 214 to show award of the Legion of Merit should be reconsidered. 2. Permanent Orders 33-3, dated 18 May 1987, awarded the applicant the Legion of Merit, but it is not listed on his DD Form 214 that was issued, on 30 June 1987, at the time of retirement. Therefore, he is entitled to correction of his DD Form 214 to show the award of the Legion of Merit. BOARD VOTE: ___X_____ ___X_____ ___X_____ 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 amendment of the ABCMR’s decision in Docket Number AR20070009194, dated 15 November 2007. 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, issued on 30 June 1987. _______ _XXX _______ ___ 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) AR20090000639 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090000639 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1