BOARD DATE: 15 December 2015 DOCKET NUMBER: AR20150005312 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 he was awarded the Legion of Merit. 2. The applicant states he received the Legion of Merit after his approved retirement. Therefore, it was not included on his DD Form 214. 3. The applicant provides copies of a memorandum and Permanent Orders 138-54. 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 appointed as a second lieutenant in the Army of the United States on 6 June 1973. 3. He served in a variety of stateside and/or overseas assignments and attained the rank/grade of lieutenant colonel (LTC)/O-5. 4. On 30 June 1994, he retired and he was placed on the Retired List in the rank/grade of LTC/O-5 on 1 July 1994. His DD Form 214 does not show he was awarded the Legion of Merit. 5. The applicant provides Permanent Order 138-54, issued by the U.S. Total Army Personnel Command, Alexandria, Virginia on 31 August 1994, which awarded him the Legion of Merit for meritorious service for the period 1 July 1984 to 30 June 1994. 6. Army Regulation 600-8-22 (Military Awards) states each individual approaching retirement may be considered for an appropriate decoration based on his or her grade, years of service, degree of responsibility, and manner of performance. Meritorious service awards may be awarded upon retirement which may include periods of service longer than that served in the recommending command. It is recommended that such periods be limited to the last 10 years of service. DISCUSSION AND CONCLUSIONS: Permanent orders awarded the applicant the Legion of Merit for meritorious service from 1 July 1984 through 30 June 1994. This award is not shown on his DD Form 214; therefore, it would be appropriate to correct his DD Form 214 to show it. 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 the Legion of Merit to his DD Form 214 for the period ending 30 June 1994. __________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) AR20150005312 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005312 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1