ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS

                   IN THE CASE OF:

                   BOARD DATE:  7 January 2019  

                   DOCKET NUMBER:  AR20170006138  

APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United 
States Report Transfer or Discharge) to show he was awarded:

*	Legion of Merit (LOM)
*	Aviation Badge
	
APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 149 (Application for Correction of Military Record)
FACTS: 
1.  The applicant did not file within the three year time frame provided in Title 10,          
U.S. Code, section 1552 (b); however, the Army Board for Correction of Military 
Records conducted a substantive review of this case and determined it is in the interest 
of justice to excuse the applicant's failure to timely file.
2.  The applicant’s Aviation Badge award request is supported by his MOS 93C (Air 
Traffic Control Operator) and a copy of his DA Form 1059 (Service School Academic 
Evaluation Report) to qualify for the award; therefore, it will be administratively corrected 
and not considered by the Board.  The Board will consider the LOM.

3.  The applicant states he received the LOM at retirement.

4.  The applicant enlisted in the Regular Army on 1 August 1977
5.  He was honorably retired from active duty on 31 December 1993, under the 
provisions of Army Regulation 635-200 (Enlisted Separations), chapter 12, and 
transferred to the U.S. Army Reserve Control Group (Retired).  He was credited with                  
22 years, 9 months and 2 days of total active service.  
6.  The applicant’s record does not contain a copy of the orders awarding him the LOM, 
LOM citation, recommendation for award, and the LOM does not appear on his                    
DD Form 214. 
7.  A review of the Interactive Personnel Electronic Records Management System 
(iPerms), maintained by the U.S. Army Human Resources Command, failed to reveal 
any orders for the LOM.
BOARD DISCUSSION:
After reviewing the application and all supporting evidence, the Board found that relief 
was not warranted.  Although the board concurred that an award is usually given at the 
end of service, without substantiating evidence showing the level of award given, the 
Board cannot approve any specific award.
BOARD VOTE:
Member 1	Member 2	Member 3
:	      :	      :	Full Grant 
:	      :	      :	Partial Grant 
:	      :	      :	Formal Hearing Grant 
:X	     X	     X	Deny
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or 
injustice.  Therefore, the Board found that 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.
ADMINISTRATIVE NOTE: N/A
?
REFERENCES:
 1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of 
military records must be filed within three 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 three-year 
statute of limitations if the ABCMR determines it would be in the interest of justice to            
do so.  

2.  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.  

3.  Army Regulation 635-5 (Separation Documents) prescribes the separation 
documents prepared for Soldiers upon retirement, discharge, or release from active 
military service or control of the Army.  It establishes standardized policy for the 
preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the 
Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut 
record of active Army service at the time of release from active duty, retirement or 
discharge.  

 ABCMR Record of Proceedings (cont)	 AR20170006138  	
3