IN THE CASE OF:	  

		BOARD DATE:	  7 August 2014

		DOCKET NUMBER:  AR20130021884 


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) for the period ending 6 October 2010 to show the Legion of Merit.

2.  The applicant states he was awarded the Legion of Merit and it should be reflected on his DD Form 214.

3.  The applicant provides his DD Form 214 and orders.

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 was serving in the rank/grade of command sergeant major (CSM)/E-9 in the U.S. Army Reserve (USAR).  He was ordered to active duty as an individual mobilized augmentee in support of Operation Enduring Freedom and he entered active duty on 8 August 2009.  He served in Afghanistan from 14 August 2009 to 31 July 2010.

3.  He was honorably released from active duty on 6 October 2010 in the rank of CSM to the control of the USAR.

4.  His DD Form 214 he was issued for this period of service does not show the Legion of Merit.

5.  The applicant provides and his record contains Permanent Orders (PO) Number 146-019, dated 26 May 2005, issued by the USAR Command, Fort McPherson, GA, awarding him the Legion of Merit.

DISCUSSION AND CONCLUSIONS:

The evidence of record confirms PO awarded the applicant the Legion of Merit which is not shown on his DD Form 214 for the period ending 6 October 2010.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

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 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 to his DD Form 214 for the period ending 6 October 2010 the Legion of Merit.



      ___________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)                                         AR20130021884





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ABCMR Record of Proceedings (cont)                                         AR20130021884



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