ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 August 2019 DOCKET NUMBER: AR20180010986 APPLICANT REQUESTS: reconsideration of his previous request for correction of his DD Form 214 (Report of Separation from Active Duty) to show award of the Legion of Merit. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * reconsideration request letter * Orders Number S140-33 * DD Form 214 * Permanent Orders (PO) Number 198-2 * Army Board for Correction of Military Records (ABCMR) Docket Number AR20160015495 Record of Proceedings FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20160015495 on 6 June 2018. 2. The applicant states: a. The Board previously denied his request because they could not locate a substantiating order from the U.S. Army Computer Systems Command. The denial letter stated that he might request reconsideration if he could present new evidence that was not considered. Since his submission of the original request, he has located a copy of Permanent Orders (PO) Number 198-2 and submits one herewith. This constitutes the new evidence, not previously considered, that justifies reconsideration. b. The order was issued by the U.S. Army Military Personnel Center, not the U.S. Army Computer Systems Command, which likely explains the Board’s inability to locate it. The order is dated 17 October 1979, which is after the end of his active service, whereas the retirement orders was issued on 20 July 1979, in advance. He surmises that this explains why the award was not on his DA Form 2-1 (Personnel Qualification Record – Part II). a. 3. The applicant provides the following: * Orders Number S140-33 * PO Number 198-2 4. Review of the applicant’s service record shows: a. He enlisted in the Regular Army on 16 September 1959. b. Orders Number S140-33, issued by the U.S. Army Military Personnel Center, Alexandria, VA on 20 July 1979, announced his retirement effective 30 September 1979. The orders show he was assigned to the U.S. Army Computer Systems Command. c. He was honorably retired on 30 September 1979. His DD Form 214 shows he completed 20 years and 15 days of active service. It does not show the Legion of Merit. d. PO Number 198-2, issued by the U.S. Army Military Personnel Center on 17 October 1979, announced his award of the Legion of Merit for meritorious service from June 1970 to September 1979. e. On 6 June 2018, the ABCMR determined his records did not contain any evidence to show he was recommended for or awarded the Legion of Merit and denied his request for correction of his DD Form 214 to show this award. 5. By regulation (AR 600-8-22), service members may be awarded the Legion of Merit for exceptionally meritorious conduct in the performance of outstanding service and achievement. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was warranted. The Board found that although the applicant was awarded the Legion of Merit after the publication of his DD Form 214, the service dates covered by the award fell within the dates of the DD Form 214. The Board concluded that not including the award on the applicant’s DD form 214 would create an injustice. For that reason, the Board recommended relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 for the period of service ending 30 September 1979 by adding to item 25 (Decorations, Medals, Badges, Commendations...) - "Legion of Merit." 9/4/2019 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: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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 performance in an unprecedented and clearly exceptional manner. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.