BOARD DATE:	  15 June 2010

		DOCKET NUMBER:  AR20090021041 


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) to show his award of the Legion of Merit (LOM).

2.  The applicant states he was awarded the LOM on 15 February 1989 by E----- C--------, Commander, USACIDC [U.S. Army Criminal Investigation Command] and John O. Marsh, Secretary of the Army.  He would also like a copy of the orders awarding him the LOM.

3.  The applicant provides a copy of a letter from the National Personnel Records Center (NPRC), dated 11 November 2009.

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 is a retired chief warrant officer three (CW3) who initially entered active service in an enlisted status on 30 January 1969.  He was later appointed as a warrant officer and executed a DA Form 71 (Oath of Office - Military Personnel) on 7 October 1977.

3.  He served in various staff and leadership positions within and outside the continental United States, including a tour of duty in the Republic of Vietnam and two overseas tours in Germany.

4.  He was honorably retired on 31 January 1989 by reason of length of service and he was placed on the retired list in his retired rank of CW3 on 1 February 1989.  He had over 20 years of creditable active service.

5.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 31 January 1989 does not show award of the LOM.

6.  His records do not contain permanent orders that show he was awarded the LOM.

7.  Army Regulation 600-8-22 (Military Awards) states the LOM 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of the LOM.

2.  There is no evidence in his records that shows he was recommended for or awarded the LOM.  Army regulation states that for personal decorations, formal recommendation, approval through the chain of command, and announcement of orders are required.  In the absence of orders, there is insufficient evidence to correct his DD Form 214 in this case.

3.  In view of the foregoing, there is no basis for granting the applicant's requested relief for adding an LOM to his DD Form 214 or providing him a copy of orders awarding him the LOM.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________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.

ABCMR Record of Proceedings (cont)                                         AR20090021041



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ABCMR Record of Proceedings (cont)                                         AR20090021041



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