RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 February 2008 DOCKET NUMBER: AR20070016586 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Ms. Catherine C. Mitrano Director Mr. Michael J. Fowler Analyst The following members, a quorum, were present: Ms. Linda D. Simmons Chairperson Ms. Laverne M. Douglas Member Mr. John G. Heck Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 31 July 1992 be corrected to show award of the Legion of Merit (LOM). 2. The applicant states, in effect, that he was awarded the LOM before his retirement and that he did not receive it until after he retired. 3. The applicant provides his DD Form 214 with the period ending 31 July 1992 and Headquarters, United States Army, Europe, and Seventh Army Permanent Order 104-12, dated 17 June 1992. 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 had prior active duty service and was honorably released from active duty on 17 October 1969. After a break in service, he enlisted in the Regular Army on 3 May 1974. 3. Headquarters, United States Army, Europe, and Seventh Army Permanent Order 104-12, dated 17 June 1992, shows that the applicant was awarded the LOM for exceptionally meritorious conduct in the performance of outstanding service during the period 24 October 1982 through 1 August 1992. 4. On 31 July 1992, the applicant retired. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 with the ending period 31 July 1992 does not show award of the LOM. DISCUSSION AND CONCLUSIONS: Evidence of record shows that the applicant was awarded the LOM. His DD Form 214 with the period ending 31 July 1992 should be amended to add this award. BOARD VOTE: __LDS __ __LMD _ __JGH__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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 amending his DD Form 214 with the period ending 31 July 1992 in item 13 to add the Legion of Merit. ____Linda D. Simmons__ CHAIRPERSON INDEX CASE ID AR20070016586 SUFFIX RECON DATE BOARDED 26 FEBRUARY 2008 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION GRANT REVIEW AUTHORITY MR. SHATZER ISSUES 1. 107.0009.0000 2. 3. 4. 5. 6.