IN THE CASE OF: BOARD DATE: 28 July 2021 DOCKET NUMBER: AR20210007016 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and Enlisted Record Brief (ERB) to show his award of the Legion of Merit (LOM). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * ERB * DA Form 638 (Recommendation for Award) * LOM Certificate * DD Form 214 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, 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 states he is requesting correction of his DD Form 214 and ERB to include the award of the LOM. The award was presented after the completion of his DD Form 214 for retirement from active military service. The correction should be made in order for his record to be accurate. He actually recently discovered, as part of his request to provide information (including his DD Form 214), that the LOM was not part of his official record. 3. The applicant provides his: * ERB, dated 6 February 2008, which does not list the LOM * DA Form 638, dated 4 March 2008, recommending him for award of LOM, for the period from 1 June 1998 to 31 July 2008 * LOM Certificate * DD Form 214, for the period from 4 February 1988 to 31 July 2008, which does not list the LOM 4. Review of the applicant’s service records show: a. He enlisted in the Regular Army (RA) on 4 February 1988 and he held military occupational specialty 31B (Military Police). b. He reenlisted in the RA on 26 June 1991, 19 November 1993, and 10 February 1997, and 14 February 2000. He served in Bosnia from 28 December 1995 to 22 November 1996. He reenlisted in the RA on 10 February 1997 and 14 February 2000. He served in Iraq from 5 May 2003 to 20 June 2004. c. Section VIII (Awards and Decorations) of his ERB, dated 6 February 2008, does not list the LOM. d. Orders Number 271-0006, dated 28 September 2007, announced his reassignment for separation processing, with a reporting date of 31 July 2008. e. A DA Form 638, dated 4 March 2008, shows he was recommended for award of the LOM for exceptionally meritorious service for the past 20 years, for the period from 1 June 1998 to 31 July 2008. On 19 May 2008, the award was approved by Permanent Order Number 140-08 and a LOM certificate was issued. f. He was honorably retired, in pay grade E-9, on 31 July 2008. His DD Form 214 shows he completed 20 years, 5 months, and 27 days of net active service, including 11 years, 1 month, and 24 days of foreign service. This form also shows he was awarded/authorized the following: * LOM * Bronze Star Medal * Army Commendation Medal (3rd Award) * Meritorious Service Medal (2nd Award) * Army Achievement Medal (2nd Award) * Army Superior Unit Award * Army Good Conduct Medal (6th Award) * National Defense Service Medal (2nd Award) * Armed Forces Expeditionary Medal * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * Armed Forces Service Medal * Iraq Campaign Medal * Noncommissioned Officer’s Professional Development Ribbon (4th Award) * Army Service Ribbon * Overseas Service Ribbon (5th Award) * North Atlantic Treaty Organization Medal * Driver and Mechanic Badge with Mechanic Bar * Expert Marksmanship Qualification Badge with Rifle, Pistol, and Grenade Bars * German Armed Forces Efficiency Badge – Silver 5. By regulations: a. Army Regulation (AR) 600-8-22 (Military Awards), the LOM is awarded to any member of the Armed Forces of the United States or a friendly foreign nation who has distinguished himself or herself by exceptionally meritorious conduct in the performance of outstanding services and achievements and announced in orders. b. AR 635-5 (Separation Documents), instructions for completing the DD Form 214 states block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) will list all awards and decorations awarded. 6. The ABCMR limits corrective action to documents that can be individually reviewed after a Soldier's separation. Since the ERB is not normally accessible by individuals other than the Soldier, there is normally no basis for correcting these documents. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. Based upon the information reflected on the applicant’s DD Form 214 within his military record reflecting the Legion of Merit award and the ERB being an inactive document when service members depart the service, the Board concluded there was insufficient evidence of an error or injustice which would warrant a correction to the applicant’s DD Form 214 and/or ERB. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XXX :XXX :XX DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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, United States 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. 2. Army Regulation (AR) 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military awards. The regulation states the Legion of Merit is awarded to any member of the Armed Forces of the United States or a friendly foreign nation who has distinguished himself or herself by exceptionally meritorious conduct in the performance of outstanding services and achievements. 3. AR 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbon Awarded or Authorized) would list all awarded and decorations for all periods of service. 4. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210007016 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1