RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 5 April 2007
DOCKET NUMBER: AR20060012928
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. Gerard W. Schwartz
Acting Director
Ms. Wanda L. Waller
Analyst
The following members, a quorum, were present:
Ms. Linda Simmons
Chairperson
Mr. Jeffrey Redmann
Member
Mr. Scott Faught
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Bronze Star Medal and the Meritorious Service Medal.
2. The applicant states that he earned the Bronze Star Medal for his service during Operation Desert Storm in Southwest Asia and that he received the Meritorious Service Medal upon leaving active duty.
3. The applicant provides orders and an award certificate for the Bronze Star Medal; a letter, dated 23 July 1991, from his company commander; an award certificate for the Meritorious Service Medal; and a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of alleged errors which occurred on
11 August 1991. The application submitted in this case is dated 31 August 2006.
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 applicants failure to timely file.
3. The applicant entered active duty on 4 June 1983. He served in Southwest Asia from 13 October 1990 to 2 May 1991 and was released from active duty in the rank of captain on 11 August 1991.
4. The applicants DD Form 214 does not show the Bronze Star Medal or the Meritorious Service Medal as authorized awards.
5. Headquarters, XVIII Airborne Corps and Fort Bragg Permanent Orders 122-22, dated 26 June 1991, show the applicant received the Bronze Star Medal for meritorious achievement for the period 17 January 1991 to 24 March 1991.
6. There are no orders for the Meritorious Service Medal in the applicants service personnel records. However, the applicant provided an award certificate for the Meritorious Service Medal for service during the period 17 August 1987 to 28 June 1991. This certificate was authenticated by the Commanding General
(a Lieutenant General) XVIII Airborne Corps. The certificate is also signed by Michael P. W. Stone as Secretary of the Army.
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant received the Bronze Star Medal.
2. Although there are no orders for the Meritorious Service Medal, the award certificate for the Meritorious Service Medal is accepted as sufficient basis for adding the Meritorious Service Medal to the applicant's DD Form 214. It is contemporaneous with his date of separation and is signed by the Secretary of the Army at the time.
3. Records show the applicant should have discovered the alleged errors now under consideration on 11 August 1991; therefore, the time for the applicant to file a request for correction of any error expired on 10 August 1994. 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:
LS_____ ___JR___ __SF____ 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 his DD Form 214 to add the Bronze Star Medal and the Meritorious Service Medal.
___Linda Simmons______
CHAIRPERSON
INDEX
CASE ID
AR20060012928
SUFFIX
RECON
DATE BOARDED
20070405
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
107.0014
2.
107.0017
3.
4.
5.
6.
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