ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 September 2019 DOCKET NUMBER: AR20180007287 APPLICANT REQUESTS: that he is awarded the Legion of Merit APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Copy of Photo Depicting Award * Letter to the Department of the Army * Self-Authored Statement * Article titled Military Addicted * Letter from Human Resource Service Center FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), 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 states he is requesting reinstatement and approval of the award of the Legion of Merit for 23 years, 11 months and 15 days of Honorable Service prior to his honorable discharge for medical reasons. 3. The applicant provides: a. A photograph depicting the front of the Legion of Merit set. b. A letter to the Department of the Army from the applicant stating he is requesting another review/consideration, by a different reviewer, preferably an ex- military Officer CF his Member of Congress. Following additional factors supporting his Request for Reinstatement/Approval of the Award of the legion of Merit, for 23 years, eleven months and fifteen days of Honorable Service, prior to his Honorable Discharge for Medical Reasons (Meniere's Disease; and Correction of my Military c. Records (specifically, the entry on my DD Form 214, under reasons for Medical Reasons, which states: "Alcoholism, due to his own misconduct"). d. A detailed self-authored statement, which states he was commissioned as a Second Lieutenant, upon graduation from Xavier University, on 1 June 1966. He was Medically Discharged, due to Meniere's disease on 15 May 1990, following diagnosis and treatment at Bethesda Naval Hospital, Bethesda MD. He held the rank of Lieutenant Colonel upon discharge. e. In 1985, he was assigned to a NATO assignment with HQ, Central Command, located in Heidelberg, FRG (prior to reunification). He was assigned as an Exercise Project Officer with the Training and Exercise Division. Upon awakening one morning and getting out of bed, he experienced a vertigo attack and fell to the floor. He was taken to the Military Hospital in Heidleberg and given a diagnosis of Unspecified Labrynthitis (a disease of the balance structure of the inner ear). It was decided to reassign him to an Exercise Directorate of the Concepts Analysis Agency (CAA) located in Bethesda, MD, approximately three blocks from Bethesda Naval Hospital, where he could be treated and evaluated. f. Following extensive testing and treatment, it was determined that he had Meniere's Syndrome, in his right ear (now classified as a disease), which is characterized by a malfunctioning of the inner ear structure which functions to send messages to the brain which, in combination with the eyes, facilitates balance. The disease is treatable, but not curable. It was determined that a Medical Board would be convened to determine Fitness for Duty, which can and did determine unfitness and the recommendation for an Honorable Discharge, due to unfitness. g. An article explaining opioid addiction in the military. h. A letter from Human Resource Service Center, which states, this letter is in response to your request that you be awarded the Legion of Merit. Unfortunately, this command does not have authority to grant this request. Therefore, we are not authorized to award you the Legion of Merit. If you feel that an error or injustice exists with regards to this award, you may apply to the Army Board for Correction of Military Records for corrective action. Within the Department of the Army, only this Board, acting for the Secretary of the Army, is empowered to consider applications for the purpose of determining the existence of an error or injustice in the records. 4. A review of the applicant’s service record shows: a. His record is void of an enlistment contract; however it does contain orders he received on 3 June 1966, showing he was a reservist ordered to active duty as a 2nd lieutenant. b. He served overseas in the following locations and time periods: * Vietnam from 9 June 1967 to 27 June 1968 * Thailand from 13 July 1969 to 10 April 1971 * Germany from 20 August 1972 to 15 December 1975 * Germany from 29 December 1981 to 24 December 1985 c. His record is void of orders or any other documentation showing he was awarded or authorized the Legion of Merit; however, his DD Form 214 shows he was discharged on 15 May 1990 and issued an honorable conditions discharge. The type of separation is retirement and his narrative reason for separation is permanent physical disability. It also shows he completed 23 years, 11 months and 15 days of net active service with no lost time. d. According to his DD Form 214, he was awarded or authorized: * Bronze Star Medal * Meritorious Service Medal (2OLC) * Joint Service Commendation Medal * Army Commendation Medal (OLC) * National Defense Service Medal * Army Service Ribbon * Vietnam Campaign Medal * Republic of Vietnam Gallantry Cross Unit Citation * Parachutist Badge * Ranger Tab * Thai Supreme Command Forward Badge (1st) * Overseas Service Bars (2) 5. By regulation 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. Members must be recommended for the award through the chain of command, and members may not recommend themselves for an award. 6. Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. 7. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions were carefully considered. His request for reinstatement has no merit as there is no evidence he was recommended for or awarded a LOM. Regulatory guidance provides there is no automatic entitlement to an award upon departure either from an assignment or from the service. While the available evidence is insufficient for awarding the applicant a Legion of Merit, this in no way affects his right to pursue his claim for the Legion of Merit by submitting a request through his Member of Congress under the provisions of 10 USC 1130. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION 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. 11/13/2019 X CHAIRPERSON Signed by: 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. REFERENCES: 1. Title 10, USC, 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. //NOTHING FOLLOWS//