ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 May 2021 DOCKET NUMBER: AR20200000728 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect issuance of the Legion of Merit award. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-authored letter, dated 4 November 2019 * DD Form 214, dated 31 July 1981 * Self-authored letter dated 17 October 2001 * DA Form 1577 (Authorization for Issuance of Awards), dated 10 April 2002 * National Personnel Records Center (NPRC) letter, dated 12 April 2002 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant's service records were not available for review with this case. The record of proceedings is being written with documents provided by the applicant. 3. The applicant states that his DD Form 214 issued on 31 July 1981 fails to accurately reflect his previously issued Legion of Merit. The applicant contests that he was previously awarded the Legion of Merit award, however it is not listed on his DD Form 214. 4. A review of the applicant's available service records reflects the following: a. On or about 31 May 1956, the applicant was inducted into the military. b. On or about 15 January 1957, the applicant was appointed as a commissioned officer and ordered to active duty. c. On 31 July 1981, the applicant was honorably discharged at the rank of Colonel. The published DD Form 214 reflects in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): * National Defense Service Medal * Army Commendation Medal * Vietnam Service Medal * Combat Infantrymen Badge * Armed Forces Reserve Medal * Armed Forces Expeditionary Medal * Republic of Vietnam Campaign Medal * Bronze Star Medal * Meritorious Unit Commendation * Vietnamese Cross of Gallantry with bronze star * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) d. On 5 May 2021, the analyst of record contacted the applicant with regard to Permanent Orders Number 72-3 (mentioned within his submitted packet). The applicant was unavailable; deceased. His son, who also bears the same last name, provided that all available documents were submitted – he noted the absence of the order during submission. 5. The applicant provides a: a. Self-authored letter, dated 17 October 2001, reflective of the applicant's submitted request to the NPRC for correction of his DD Form 214 to reflect issuance of the Legion of Merit award. The letter further cites the presence of Permanent Orders Number 72-3, dated 2 July 1981. At the time of submission to NPRC, this order was annotated as being included in the applicant's submission. b. DA Form 1577, dated 10 April 2002, reflective of the Secretary of the Army directing that the applicant's Legion of Merit award be engraved with his name. c. NPRC letter, dated 12 April 2002, reflective of their providing DA Form 1577 which verified the medals and awards authorized. 6. The applicant's submitted packet was void of the referenced Permanent Orders Number 72-3. 7. 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was warranted. The Board carefully considered the applicant's request, supporting documents, the available evidence and regulatory guidance. The Board considered the citation of an orders number and the documentation provided from the National Personnel Records Center. In considering the available evidence and notwithstanding the regulation the Board believes the it is entirely reasonable for the applicant to have received the Legion of Merit, and it is not unprecedented for a retirement award to be issued after the DD Form 214 has been issued. Therefore, based on a preponderance of evidence, the Board determined that the absence of the LOM in the FSM's record was in error and granted relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board determined that the evidence presented was sufficient to warrant recommendation for relief, and 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. 3/1/2022 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. REFERENCES: 1. Title 10, USC, 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 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. 2. 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 3. Army Regulation 635-5 (Separation Documents) in effect at the time states that the DD Form 214 will reflect the conditions and circumstances that existed at the time the records were created. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation. All available records will be used as a basis for the preparation of DD Form 214, including DA Form 20 (Enlisted Qualification Record), DA Form 66 (Officer Qualification Record), and orders. Item 13 on the issued DD Form 214 will contain all decorations, service medals, campaign creds and badges awarded or authorized from item 21 (DA Form 66 – Officer Qualification Record) or section 9 (DA Form 20 – Enlisted Qualification Record). //NOTHING FOLLOWS//