IN THE CASE OF:	

		BOARD DATE:	  8 April 2014

		DOCKET NUMBER:  AR20130014176 


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 his Legion of Merit be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 28 February 1998.

2.  The applicant states the award was overlooked and omitted from his 
DD Form 214.

3.  The applicant provides

* his DD Form 214
* Legion of Merit Certificate, dated 17 February 1998 

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.  On 27 September 1977, he enlisted in the Regular Army.  He served continuously until his retirement.	

3.  On 28 February 1998, he was retired for length of service and placed on the Retired List the following day.  He completed 20 years, 5 months, and 4 days of active service.  His DD Form 214 does not show he was awarded the Legion of Merit.

4.  There are no orders in his Army Military Human Resource Record (AMHRR) for the award of the Legion of Merit.

5.   The Legion of Merit Certificate he submitted indicates he was awarded the Legion of Merit for exceptionally meritorious service throughout a highly distinguished career of 20 years, culminating as Operations Directorate Noncommissioned Officer-in-Charge, MacDill Air Force Base, FL from 31 August 1995 to 1 March 1998.  The certificate is dated 17 February 1998.  There is no order number indicated on the certificate.

6.  Army Regulation 600-8-22 (Military Awards) states 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.  There are no orders in his AMHRR awarding him the Legion of Merit.  Army regulations require that for all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

2.  Without official orders there is insufficient evidence to add the Legion of Merit to his DD Form 214.


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)                                         AR20130014176



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ABCMR Record of Proceedings (cont)                                         AR20130014176



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