RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 November 2005
DOCKET NUMBER: AR20050006246
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 |
| |Ms. Wanda L. Waller | |Analyst |
The following members, a quorum, were present:
| |Mr. Stanley Kelley | |Chairperson |
| |Ms. Diane Armstrong | |Member |
| |Ms. Delia Trimble | |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 correction of his military records to show award
of the Bronze Star Medal.
2. The applicant states this medal is not listed in his official military
records.
3. The applicant provides amended permanent orders for the Bronze Star
Medal; an award certificate for the Bronze Star Medal; a copy of his DD
Form 214 (Certificate of Release or Discharge from Active Duty) for the
period ending 30 April 1994; and a letter, dated 1 April 2005, from the
National Personnel Records Center, St. Louis, Missouri.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 13 September 1994, the date he was awarded the Bronze Star
Medal. The application submitted in this case is dated 18 April 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 limitation 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 enlisted on 2 October 1973 and remained on active duty
through continuous reenlistments until he retired on 30 April 1994 in the
rank of master sergeant.
4. The applicant’s DD Form 214 for the period ending 30 April 1994 does
not show the Bronze Star Medal as an authorized award.
5. The applicant provided a copy of Permanent Order 38-7, dated 7 February
1995, which amended Permanent Order 143-23, dated 13 September 1994,
pertaining to award of the Bronze Star Medal for meritorious service. The
orders were amended to show the applicant received the Bronze Star Medal
for meritorious achievement instead of meritorious service. He also
provided an award certificate, dated 9 September 1994, for the Bronze Star
Medal for meritorious achievement during the period 10 August 1993 to 25
October 1993.
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant received the Bronze Star Medal for
meritorious achievement.
2. Records show the applicant should have discovered the alleged error now
under consideration on 13 September 1994; therefore, the time for the
applicant to file a request for correction of any error expired on 12
September 1997. The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence it would be in the
interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
SK______ _DA___ __DT____ GRANT 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 his DD Form 214 for the
period ending
30 April 1994 to show award of the Bronze Star Medal.
____Stanley Kelley____
CHAIRPERSON
INDEX
|CASE ID |AR20050006246 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20051108 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |107.0014 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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