MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           6 November 2001                  
	DOCKET NUMBER:   AR2001058212

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. Deborah S. Jacobs		Chairperson	
	Mr. Elzey J. Arledge		Member	
	Mr. Donald P. Hupman, Jr.		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                       records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, award of the Legion of Merit (LOM).

APPLICANT STATES:  In effect, that his Official Military Personnel File (OMPF) was burned in a fire in 1973; however, he has over fifty pages of records in his possession and they indicate that he is entitled to award of the LOM.  In support of his request, he submits:  a copy of an unsigned memorandum from Major General Harry H. Johnson, Commanding General, 93rd Infantry Division, dated 10 September 1945, to the Commander-in-Chief, United States Army Forces, Pacific, Subject:  Recommendation for Award of Legion of Merit; a copy of an unsigned letter, dated 27 January 1947, from Harry H. Johnson to General Dwight D. Eisenhower, Chief of Staff, United States Army, in which General Johnson acknowledges that the Adjutant General, US Army Forces, Pacific, denied the award; a copy of a letter from Major General Johnson, dated 19 March 1945, to the applicant's wife and forwarding a picture of the applicant; and two pictures of military officers, one of whom the applicant contends is himself and the other being Major General Johnson. 

EVIDENCE OF RECORD: The applicant’s military records are presumed lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from a reconstructed record.  The information available consists of those documents submitted by the applicant and listed above, and:  Special Order Number 351, Army Service Forces, San Francisco, Port of Embarkation, Camp Stoneman, Pittsburgh, California, dated 16 December 1945; Special Order Number 334, Army Service Forces, Third Service Command, Indiantown Gap Military Reservation, Annville, Pennsylvania, dated 29 December 1945; a WD Form 384 (War Department-Officers' Pay, Allowance, and Mileage Voucher); and an IM Form No. 1748-SC (Certificate), dated 29 December 1945, in which the applicant certified that "he was called to active duty on 1 March 1942."

The applicant's separation documents are not available.  However, Special Order Number 334 indicates that, on 29 December 1945, the applicant was a lieutenant colonel serving as a Field Artillery Officer in the Army of the United States.  He was granted a leave of absence and travel effective the same date.  The order also stated that he had 73 days leave and 1 day of travel and he would revert to inactive status on 12 March 1946.

The unsigned letter from Major General Johnson to General Eisenhower was a request for award of the LOM to the applicant.  In it General Johnson indicates that the initial recommendation for award of the LOM was never approved and he recommends that General Eisenhower approve awarding the applicant the LOM.  There is no evidence that General Eisenhower ever officially responded to his request.

The recommendation for award of the LOM and the letter dated 27 January 
1947 both have signature blocks for a "Major General, U. S. Army," however; neither document is signed.

Army Regulation 600-8-22 states, in pertinent part, that 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.  However, justification may accrue by virtue of exceptionally meritorious service in a succession of important positions.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  There are regulatory provisions for lost recommendations, but not for late recommendations, reconsiderations, or for upgrades from a less prestigious award.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The Board notes that none of the letters/memoranda submitted by the applicant bears the signature of the author.  It is unknown exactly what transpired, but apparently the applicant was recommended for award of the LOM and that recommendation was disapproved by the Commanding General, US Army Forces, Pacific (through his Adjutant General).  If the matter was actually brought to the attention of General Eisenhower, he apparently did not act favorably upon it.

3.  There is no evidence that a recommendation for award of the LOM was ever approved.  Neither is there evidence that a General Order was ever published awarding the applicant the LOM.  The Board concludes that the unsigned documents provided by the applicant do not provide a sufficient basis for award of the LOM.

4.  In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__DSJ__  __EJA___  __DPH __  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001058212	
SUFFIX		
RECON		
DATE BOARDED	20011106 	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19460312	
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	107.0009	
2.		
3.		
4.		
5.		
6.