RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 18 October 2005
DOCKET NUMBER: AR20050004957
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Mrs. Victoria A. Donaldson | |Analyst |
The following members, a quorum, were present:
| |Mr. John Slone | |Chairperson |
| |Ms. Linda D. Simmons | |Member |
| |Mr. Kenneth W. Lapin | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests amendment of his DD Form 214 (Certificate of
Release or Discharge From Active Duty) to show his award of the Bronze Star
Medal was for valor.
2. The applicant provides no statement with this application.
3. The applicant provides a copy of an awards certificate in support of
this application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 19 February 1992, the date of his discharge from active
duty. The application submitted in this case is dated 31 March 2005.
2. 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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so. In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant's records show that he enlisted in the Regular Army and
entered active duty on 17 February 1989. He was awarded the military
occupational specialty (MOS) 11M10 (Rifleman). The applicant was honorably
separated from active duty on 19 February 1992 after serving 3 years and
3 days of active service.
4. Item 13 (Decoration, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
shows the applicant was awarded the Bronze Star Medal. However, it does
not show he was awarded the Bronze Star Medal with "V" Device.
5. The applicant provided an award certificate which shows that Permanent
Order Number 146-88 awarded him the Bronze Star Medal with "V" Device on
5 October 1991. This certificate is authenticated by the major general in
command of the 24th Infantry Division.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his separation document should show his Bronze
Star Medal was for valor.
2. Evidence of records show the applicant was awarded the Bronze Star
Medal with "V" Device by permanent orders. Therefore, his DD Form 214
should be amended by showing Bronze Star Medal with "V" Device instead of
Bronze Star Medal.
3. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 February 1992; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 18 February 1995. Although the applicant did not file
within the ABCMR's statute of limitations, it is appropriate to waive
failure to timely file based on the facts presented in this case.
BOARD VOTE:
_JS_____ __KWL__ __LDS__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file. As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by amending the entry on the applicant's
DD Form 214 regarding the Bronze Star Medal to show Bronze Star Medal With
"V" Device.
__John N. Slone___
CHAIRPERSON
INDEX
|CASE ID |AR20050004957 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20051018 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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