IN THE CASE OF:    

		BOARD DATE:  7 March 2017

		DOCKET NUMBER:  AR20150016166


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


		IN THE CASE OF:    

		BOARD DATE:  7 March 2017

		DOCKET NUMBER:  AR20150016166


BOARD DETERMINATION/RECOMMENDATION:

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:

	a.  deleting from her DD Form 214 the Meritorious Service Medal and

	b.  adding to her DD Form 214:

* Legion of Merit
* Meritorious Service Medal (2nd Award)



                                    ______________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.


		IN THE CASE OF:  

		BOARD DATE:  7 March 2017

		DOCKET NUMBER:  AR20150016166


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) by showing she was awarded two Meritorious Service Medals and the Legion of Merit.

2.  The applicant states the above medals are not annotated on her DD Form 214.

3.  The applicant provides:

* DD Form 214 with continuation sheet
* DA Form 638 (Recommendation for Award) initiated on 29 August 2010
* DA Form 4980-12 (Meritorious Service Medal Certificate) for the period 9 March 2009 to 10 March 2010
* DA Form 638 initiated on 30 October 2012 with a narrative
* DA Form 4980-11 (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.  At the time of application, the applicant was a retired command sergeant major.  Her DD Form 214 shows her decorations include one award of the Meritorious Service Medal.  It does not mention award of the Legion of Merit.

3.  The DA Form 638, initiated on 29 August 2010, as provided by the applicant, indicates that she was recommended for a second award of the Meritorious Service Medal for service from 9 March 2009 to 10 March 2010.  The recommendation was approved on 20 October 2010 and announced in Permanent Orders Number 292-14.

4.  The DA Form 638, initiated on 30 October 2012, as provided by the applicant, indicates that she was recommended for award of the Legion of Merit for service from 30 December 2002 to 31 December 2012.  The recommendation was approved on 29 January 2013 and announced in Permanent Orders Number 2013-031-008.

REFERENCES:

Army Regulation 600-8-22 (Military Awards) states personal decorations, to include the Legion of Merit and Meritorious Service Medal, require formal recommendations, approval through the chain of command, and announcement in orders.

DISCUSSION:

The applicant was awarded the Legion of Merit and the Meritorious Service Medal (2nd Award).  These awards are not shown on her 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)	AR20150016166



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 1

ABCMR Record of Proceedings (cont)	AR20150016166



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2