IN THE CASE OF: 

		BOARD DATE: 17 January 2023

		DOCKET NUMBER: AR20220006435


APPLICANT REQUESTS: to add his Legion of Merit (LOM) to his DD Form 214 
(Certificate of Release or Discharge from Active Duty).

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Legion of Merit certificate

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, in effect, he was awarded the LOM after he retired. 

3.  The applicant provides a copy of the LOM certificate, which shows he was awarded 
the LOM for exceptional meritorious conduct in the performance of outstanding services 
during the period of 14 June 1983 to 30 June 1993. The award was signed by the 
Commanding General of U.S. Army Health Services Command on 8 February 1994. 

4.  A review of the applicant’s service record shows:

   a.	He took the Oath of Office on 21 August 1969.

   b.	Per email correspondence with the applicant, he is not in possession of a DA 
Form 638 (Recommendation For Award), which would show the award he was 
recommended for, the period of service, the approval authority’s signature, and the 
orders data (i.e. Permanent Order No., approved award, signature, and date).

   c.	DD Form 214 reflects the applicant was honorably retired on 30 June 1993, for 
length of service.  He served 23 years, 10 months, and 10 days of net active service this 
period. He was awarded or authorized: 
*	Army Service Ribbon
*	National Defense Service Medal (w/1 star)
*	Vietnam Service Medal (w/2 stars)
*	Vietnam Campaign Medal
*	Vietnam Cross of Gallantry (w/Palm)
*	Army Commendation Medal (3d award)
*	Meritorious Service Medal (3d award)

5.  By regulation, award of the Legion of Merit 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 
Board noted that the applicant provided a certificate awarding him the Legion of Merit. 
However, without the order that announced the award, the Board determine the 
certificate itself is insufficient to grant him relief. 
?
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, 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 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 (AR) 600-8-22 (Military Awards), prescribes Army policy, criteria, 
and administrative instructions concerning individual and unit military awards.  
Paragraph 3-10b states, the LOM is awarded to any member of the Armed Forces of 
the United States or a friendly foreign nation who has distinguished himself or herself by 
exceptionally meritorious conduct in the performance of outstanding services and 
achievements.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220006435


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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