BOARD DATE: 28 November 2017 DOCKET NUMBER: AR20160002637 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: 28 November 2017 DOCKET NUMBER: AR20160002637 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 his DD Form 214 the Meritorious Service Medal (3rd Award) and Army Achievement Medal (7th Award) and b. adding to his DD Form 214 the Legion of Merit, Meritorious Service Medal (4th Award), and Army Achievement Medal (9th 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. BOARD DATE: 28 November 2017 DOCKET NUMBER: AR20160002637 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 addition of the Legion of Merit to his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states he earned the Legion of Merit and it was presented to him. He did not realize the award was not on his DD Form 214 until recently when he was applying for a Texas vehicle tag identifying receipt of a Legion of Merit. His DD Form 214 does not reflect the award, therefore he was unable to secure the tag and other entitlements provided by the State of Texas. He is requesting this correction to enable him to get the benefits he has rightfully earned. 3. The applicant provides copies of his: * DD Form 214 * 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. The applicant was appointed a Reserve second lieutenant on 14 July 1982 and entered active duty on 25 August 1985. 3. Permanent Orders 220-05, published by Headquarters, Department of the Army, Military Personnel Service Center, Washington, D.C., awarded the applicant the Legion of Merit on 8 August 2005. This award is in his official record. 4. The applicant's service records contain certificates/orders for: * one Legion of Merit * four Meritorious Service Medals * one Army Commendation Medal (already on the DD Form 214) * nine Army Achievement Medals 5. The applicant retired on 31 December 2005 as a major. His DD Form 214 lists his awards as: * Meritorious Service Medal (3rd Award) * Army Commendation Medal * Army Achievement Medal (7th Award) * National Defense Service Medal (2nd Award) * Army Service Ribbon * Overseas Service Ribbon * Global War On Terrorism Service Medal 6. The available records do not include a copy of an Officer Record Brief or similar document. REFERENCES: Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states all awards and decorations for all periods of service are to be listed in priority sequence and abbreviations are not to be used. DISCUSSION: 1. The applicant was awarded a Legion of Merit on 8 August 2005. This award is not listed on his DD Form 214. 2. The applicant's records contain certificates for four Meritorious Service Medals. His DD Form 214 lists only three of these awards. 3. The applicant's records contain certificates for eight Army Achievement Medals and orders for an additional Army Achievement Medal for a total of nine Army Achievement Medals. His DD Form 214 lists only seven of these awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002637 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002637 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2