IN THE CASE OF: BOARD DATE: 29 October 2020 DOCKET NUMBER: AR20200003166 APPLICANT REQUESTS: Correction of his DD Form 214 (Report of Separation from Active Duty) to add the Legion of Merit (LOM). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-authored letter * DD Form 214 for the period ending on 31 July 1978 * Certificate for Legion of Merit FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the ABCMR 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 his DD Form 214 does not include in item 26 the LOM, awarded to him at the end of his service. 3. A review of the applicant’s military service record shows the following: a. He entered on active duty on 1 August 1958. b. He was honorably retired on 31 July 1978, after completing 20 years of net active service. A copy of his DD Form 214 shows: (1) In item 11, his last duty assignment was with the US Army Nuclear and Chemical Agency. (2) His DD Form 214 is void of the LOM award. c. His record also contains copies of his DA Form 2-1 (Personnel Qualification Record Part II) and Officer Record Brief which show evidence he was awarded or authorized numerous awards and decorations, but none list the LOM. His last duty assignment from 26 August 1977 through his retirement was Chemical Staff Officer, USA Nuclear Agency, Fort Belvoir, VA. 4. The applicant provides: a. A self-written letter wherein he states that at the end of his service, he was awarded the LOM. The DD Form 214 was printed days before the award. He is requesting the omission be corrected, and a corrected copy of his DD Form 214 be sent to him. b. LOM Certificate dated 6 July 1979, which show: (1) The award was presented to him for exceptionally meritorious service during the period 29 August 1977 to 31 July 1978 while serving as a senior Chemical Staff Officer in the US Army Nuclear and Chemical Agency. It further states, “during this critical consolidation period for the agency. He was instrumental in the initial efforts to integrate the chemical aspects of the battlefield into the agency’s ongoing efforts. Of singular importance was his conduct of a major indepth study of the Army's NBC defensive posture which resulted in hard recommendations which will have great impact on the Army. [His] exceptional performance of duty throughout his final career assignment was in keeping with the finest traditions of the United States Army.” The certificate does not contain the order number of the award. (2) In coordination with Army Human Resources Command, during the time period on the LOM, was the HQDA, DCS, G-3/5/7. Given that he signed the certificate as opposed to the Adjutant General, it is doubtful this award will be found in the Army General Orders. It was probably authorized via a G-3/5/7 permanent order. , following his assignment as 3/5/7, went on to be the Chief of Staff. c. A copy of his DD Form 214 which is previously referenced in paragraph 3b above. 5. Please see below REFERENCES for all applicable guidance. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. One potential outcome discussed was to grant the requested relief based upon the submitted LOM certificate. However, because the applicant’s submitted LOM award certificate failed to provide a permanent order number and there was a lack of other evidence to show the LOM was ever awarded during his military service, the Board concluded there was insufficient evidence of an error or injustice which would warrant a change to the applicant’s military service record. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : :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. 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, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 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// ABCMR Record of Proceedings (cont) AR20200003166 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1