IN THE CASE OF: BOARD DATE: 29 August 2013 DOCKET NUMBER: AR20130002157 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 her award of the Legion of Merit and a forth award of the Meritorious Service Medal be added to her DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states her last two awards were received after she had started out processing. Because of this they were not included on her DD Form 214. 3. The applicant provides copies of her DD Form 214, four Meritorious Service Medal Award Certificates, and a Legion of Merit Award Certificate. 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, a retired Army National Guard lieutenant colonel, served on active duty for 20 years, 3 months, and 11 days, with 2 years, 8 months and 26 days of inactive duty service. She retired effective 30 November 2012. 3. The Meritorious Service Medal certificates show award of the medal on 22 April 1996, 27 December 2005, 5 April 2010, and 7 September 2012 (Headquarters, Joint Forces Command Permanent Orders Number 250-02). 4. She was awarded the Legion of Merit on 3 December 2012 under Headquarters, Army National Guard, Arlington, VA Permanent Orders Number 338-11. 5. The applicant's 30 November 2012 DD Form 214 includes the Meritorious Service Medal (3rd Award) and no Legion of Merit. DISCUSSION AND CONCLUSIONS: The applicant was awarded the Legion of Merit and a fourth Meritorious Service Medal at the end of her period of service. Because of the timing of these awards it appears they were not entered onto her final DD Form 214. It is appropriate to correct these omissions. BOARD VOTE: ____X___ ___X____ ___X___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 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: a. deleting the Meritorious Service Medal (3rd Award) from her last DD Form 214; and b. adding the Legion of Merit and Meritorious Service Medal (4th award) to her last DD Form 214. __________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) AR20130002157 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130002157 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1