BOARD DATE: 16 June 2016 DOCKET NUMBER: AR20150011567 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __x______ _____x__ __x__ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 16 June 2016 DOCKET NUMBER: AR20150011567 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. ___________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. BOARD DATE: 16 June 2016 DOCKET NUMBER: AR20150011567 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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the Legion of Merit. 2. The applicant states he does not know why the oversight happened. The award was issued after he retired. It was awarded by the head of the U.S. Army Contracting Support Agency at the Pentagon. 3. The applicant provides two photographs depicting the front and back sides of the Legion of Merit medal set. 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 was commissioned as a second lieutenant in the Regular Army on 26 May 1968. He served in various positions and duty stations, attained the rank/grade of lieutenant colonel (LTC)/O-5, and was retired from the Army on 30 June 1988. His DD Form 214 does not show he was awarded the Legion of Merit. 3. His record is void of orders or any other documentation that shows he was awarded the Legion of Merit. 4. The applicant provides two photographs depicting the front and back sides of the Legion of Merit medal set. The front side picture has a hand-written title that says "Medal Awarded to (Applicant)." By email, the applicant confirmed he does not possess orders for the Legion of Merit. REFERENCES: Army Regulation 600-8-22 (Military Awards) states 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. DISCUSSION: 1. The applicant's request for correction of his DD Form 214 to show he was awarded the Legion of Merit was carefully considered. 2. The applicant provides two photographs of the front and back side of a Legion of Merit medal set; however, there are no orders in his military record and he did not provide a copy of the orders that awarded him the Legion of Merit. 3. Absent orders authorizing its award, there is insufficient evidence for granting the requested relief. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011567 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011567 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2