BOARD DATE: 11 July 2018 DOCKET NUMBER: AR20160015997 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: 11 July 2018 DOCKET NUMBER: AR20160015997 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: 11 July 2018 DOCKET NUMBER: AR20160015997 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 show the Legion of Merit. 2. The applicant states he received the Legion of Merit on 1 April 1988 from Colonel Hugh S., the Director of Combat Development, U.S. Army John F. Kennedy Special Warfare Center and School, Fort Bragg, North Carolina. The award [order] is not in his military personnel record. He does have a picture of himself and Colonel S. taken during the award ceremony. His organization never sent the award order to his permanent personnel record. 3. The applicant provides a newspaper picture dated 1 April 1988. 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. With prior active federal service, the applicant reenlisted in the Regular Army on 9 April 1976. He served in military occupational specialties 18Z (Special Operations Senior Sergeant), 13Y (Cannon/Missile Senior Sergeant) and 11B (Infantryman). 3. Item 9 (Awards, Decorations and Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record) does not contain an entry showing he was awarded the Legion of Merit. There are no Legion of Merit permanent orders filed in his military personnel record nor is there a copy of the award certificate available for review by this Board. 4. On 11 October 1988 the applicant was honorably retired due to permanent physical disability. He received a DD Form 214 for this period of service which does not show the Legion of Merit as an authorized award. His rank at the time of permanent retirement was sergeant major/pay grade E-9. 5. The applicant provided an excerpt from "The Static Line," a publication related to military service in the U.S. Armed Forces. The one page excerpt contains a picture of the applicant with a subtitle showing Colonel S. shaking his hand after presenting him with the Legion of Merit. (The Legion of Merit medal is shown on his breast pocket of his uniform.) REFERENCES: 1. 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. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. DISCUSSION: The regulatory requirement states the Legion of Merit is awarded through the publication of permanent orders. In this case, the applicant's record lacks evidence showing Legion of Merit permanent orders were published and properly filed in his military personnel record. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160015997 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160015997 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2