IN THE CASE OF: BOARD DATE: 19 July 2016 DOCKET NUMBER: AR20150012538 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 19 July 2016 DOCKET NUMBER: AR20150012538 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 following medals to his DD Form 214: * Legion of Merit * Aerial Achievement Medal with second oak leaf cluster __________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. IN THE CASE OF: BOARD DATE: 19 July 2016 DOCKET NUMBER: AR20150012538 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) by showing awards of: * Legion of Merit (LOM) * U.S. Air Force Aerial Achievement Medal with second oak leaf cluster (2nd OLC) 2. The applicant states the LOM and Aerial Achievement Medal (2nd OLC) were omitted from his DD Form 214. His assigned duty station (Offutt Air Force Base, Omaha, NE) was physically separated from his headquarters duty station (Pentagon, Washington, DC) and retirement duty station (Fort Leavenworth, KS). He was not afforded the opportunity to review the DD Form 214 information prior to his retirement. He was awarded the two aforementioned medals during his retirement ceremony. Apparently, the administrative staff did not check to ensure inclusion of the medals on DD Form 214. 3. The applicant provides copies of: * Certificate and orders for award of the Aerial Achievement Medal with 2nd OLC * DA Form 638 (Recommendation for Award) with enclosures 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 10 October 1977, the applicant entered active duty as a commissioned officer. He was promoted to lieutenant colonel on 2 August 1994. 3. Special Order GA-196, Bolling Air Force Base, dated 3 June 1997, announced the applicant’s award of the Aerial Achievement Medal with 2nd OLC for outstanding achievement during the period 10 February to 12 November 1996. 4. A DA Form 638, as provided by the applicant, shows that Permanent Order Number 252-5, U.S. Total Army Personnel Command, dated 9 September 1997, announced his award of the LOM for the period 1 November 1987 to 31 October 1997. 5. On 31 October 1997, the applicant retired from active duty due to sufficient length of service. His DD Form 214 lists his awards as: * Meritorious Service Medal (5th Award) * Army Commendation Medal * Joint Service Achievement Medal * Army Achievement Medal * Joint Meritorious Unit Award * National Defense Service Medal * Armed Forces Reserve Medal * Army Service Ribbon * Overseas Service Ribbon * Aircraft Crewman Badge * Parachutist Badge * Ranger Tab * Joint Chiefs of Staff Identification Badge DISCUSSION: 1. The applicant contends that his DD Form 214 should be corrected by adding his awards of the LOM and the Aerial Achievement Medal with 2nd OLC. 2. The special and permanent orders provided by the applicant show he was awarded the subject medals by the proper authorities. Theyz should be shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012538 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012538 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2