IN THE CASE OF: BOARD DATE: 14 February 2023 DOCKET NUMBER: AR20220005532 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Legion of Merit. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, 7 June 2001 * Retirement orders, 8 June 2001 * Letter from national Personnel Records Center * Certificate for Legion of Merit FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (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 he was awarded the Legion of Merit at his retirement ceremony. He has a copy of the award; however, he never received a copy of the order. A request to National Personnel Records Center for a copy of the order failed to produce one. They did send a copy of the commendation that accompanied the medal. 3. Review of the applicant’s service records shows: a. He was appointed as a Regular Army commissioned officer on 15 May 1977. He served in a variety of staff or command assignments, and he attained the rank of lieutenant colonel (LTC). b. He was last assigned as a Deputy Director, Conference Center, George C. Marshall Center in Garmisch, Germany c. He retired on 7 June 2001 due to permanent disability and he as placed on the retired list in his retired grade of LTC on 8 June 2001. His DD Form 214 does not list the Legion of Merit as an authorized award. d. His Officer Record Brief also does not list the Legion of Merit as an authorized/awarded award. e. He provides and his service record contains a certificate, labeled “for presentation only” that reads: For exceptional meritorious service from 8 June 1991 to 7 June 2001, while serving in numerous positions of great responsibility - culminating a distinguished twenty-four year career in the United States Army. An inspiration to all, [Applicant’s]outstanding leadership and selfless dedication were flawlessly demonstrated in combat as a Plans Officer for the 1st Cavalry Division during the Gulf War, as an Operations Officer of Task Force 1-8 Cavalry, as a Battalion Commander and Professor of Military Science at San Jose State University, as Chief of Current Operations Branch, in the United States European Command, and as the Deputy Directors of both the Conference Center and the Operations, Plans and Analysis Directorate of the George C. Marshall European Center for Security Studies. This brilliant record of professionalism and exceptional performance are in keeping with highest standards and traditions of military service and reflect great credit upon himself and the United States Army. d. His Officer Record Brief also does not list the Legion of Merit as an authorized/awarded award. 4. By regulation (SAR 600-8-22), award of the Legion of Merit, as with all personal decorations, requires a formal recommendation, approval through the chain of command, and announcement in orders. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The applicant provides a Legion of Merit Certificate which does not contain a permanent order number or the issuing headquarters, reflecting he was awarded this award for meritorious service from 8 June 1991 to 7 June 2001, while serving in numerous positions of great responsibility. The Board noted that for personal decorations, which includes the Legion of Merit, a recommendation, approval through the chain of command, and announcement in orders are required. In the absence of orders, the Board determined there is insufficient evidence to add this award. If the applicant can provide the permanent order, he may reapply to this Board for reconsideration. 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. 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, 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 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. 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// ABCMR Record of Proceedings (cont) AR20220005532 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1