IN THE CASE OF: BOARD DATE: 15 June 2010 DOCKET NUMBER: AR20090020372 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that his records be corrected to show awards of the Bronze Star Medal (BSM) and the Army Commendation Medal (ARCOM) with two oak leaf clusters (2nd OLC). 2. The applicant states he earned the BSM during the Gulf War because of his service and he should have three awards of the ARCOM reflected in his records. He goes on to state he believes they were omitted because they were awarded shortly before he was discharged. 3. The applicant provides no additional documents with his application. CONSIDERATION OF EVIDENCE: 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 Army Board for Correction of Military Records (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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 1 February 1983 for a period of 4 years, training as a cannon crewman, airborne training, assignment to the XVIII Airborne Corps, and a cash enlistment bonus. 3. He successfully completed his training and was assigned to the 82d Airborne Division for his first duty assignment. He remained on active duty through continuous reenlistments and was promoted to the pay grade of E-6 on15 September 1987. 4. He deployed to Southwest Asia from 28 August 1990 through 28 March 1991 and was returned to Fort Bragg, North Carolina, where he remained until he was honorably discharged on 2 August 1991 due to the expiration of his term of service. He had served 8 years, 6 months, and 2 days of total active service and his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was awarded the Army Service Ribbon, the Army Lapel Button, the National Defense Service Medal, the Southwest Asia Service Medal with two bronze service stars, the Marksman Marksmanship Qualification Badge with Rifle Bar, the Parachutist Badge, the Overseas Service Ribbon, the Army Good Conduct Medal (2nd Award), the Army Achievement Medal with 4th OLC, the Noncommissioned Officer Professional Development Ribbon with Numeral 2, the ARCOM, and the Kuwait Liberation Medal. 5. A review of the applicant's official records failed to reveal orders for the BSM or more than one award of the ARCOM. 6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 7. Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that his records should be corrected to reflect awards of the BSM and the ARCOM with 2nd OLC has been noted. However, the applicant has failed to show through the evidence of record and documents submitted with his application that he was in fact awarded those awards. 2. Therefore, in the absence of evidence to substantiate his claim that he was awarded the BSM and three ARCOM's, there appears to be no basis to grant his request. 3. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___X___ ___X____ ___X____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of his service in arms. __________X________ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20090020372 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090020372 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1