BOARD DATE: 8 September 2016 DOCKET NUMBER: AR20150012702 BOARD VOTE: __x_______ ___x____ __x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 8 September 2016 DOCKET NUMBER: AR20150012702 BOARD DETERMINATION/RECOMMENDATION: USE THE FOLLOWING PARAGRAPH TO GRANT RELIEF. The Board determined the evidence presented is 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 adding the Legion of Merit to the authorized awards listed on his 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. BOARD DATE: 8 September 2016 DOCKET NUMBER: AR20150012702 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 the Legion of Merit be added to the awards listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states it is important to him and his family that proper recognition is shown on his DD Form 214. 3. The applicant provides copies of his DD Form 214 and the Legion of Merit 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 was commissioned and entered active duty in June 1977. 3. He served in a variety of positions including as a United Nations Observer and as an advisor in Saudi Arabia. His final assignment was at the National Ground Intelligence Center, Charlottesville, Virginia. 4. On 30 June 1997, the applicant retired as a major with 20 years and 22 days of active duty service. Item 13 (Decorations, Medals, Badges, Citations, Campaign Ribbons Awarded or Authorized) does not list the Legion of Merit. 5. His interactive Personnel Electronic Records Management System (iPERMS) record shows the Legion of Merit as an authorized award. This Legion of Merit is one of five awards for which no orders are available. The wording on the certificate identifies this as a career or retirement award. 6. The hand-written social security number and the stamp "OMPF" on the certificate shows the copy of the Legion of Merit Certificate that the applicant submits in support of his request is an obvious copy of that in his iPERMS. 7. The website for the U.S. Army National Ground Intelligence Center describes it as the Defense Department’s primary producer of ground intelligence. Defense Department involvement may well account for the absence of award orders. 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. DISCUSSION: Notwithstanding the lack of orders, the applicant was clearly awarded the Legion of Merit, and the award is not shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012702 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012702 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2