RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  11 September 2007
	DOCKET NUMBER:  AR20070004871 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. Larry  C. Bergquist

Chairperson

Ms. Marla J. N. Troup

Member

Ms. Ernestine I. Fields

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, two Army Achievement Medals, and the Driver and Mechanic Badge with Driver-W Bar.

2.  The applicant states that he should be awarded the Bronze Star Medal for his meritorious achievement while engaged in action against the enemy.    

3.  The applicant provides copies of his Certificate of Release or Discharge from Active Duty (DD Form 214), Correction to DD Form 214 (DD Form 215), award orders for the Driver and Mechanic Badge with Driver-W Bar, two certificates showing award of the Army Achievement Medals, and a packet of documents to support award of the Bronze Star Medal.  

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 requests correction of his records to show award of the Bronze Star Medal.  There are no orders or other evidence authorizing award of the Bronze Star Medal to the applicant.  In the absence of a proper award authority for this decoration, the applicant may request award of the Bronze Star Medal under the provisions of Section 1130 of Title 10, United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for this decoration under Section 1130 and, as a result, it will not be discussed further in this Record of Proceedings. 

3.  On 1 April 1987, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty 13B1O (Cannon Crewmember). 

4.  On 7 February 1989, the applicant extended his term of enlistment for a period of 5 months.   On 16 July 1990, he reenlisted for 3 more years of active duty.

5.  In February 1991, the applicant became injured in Iraq while lifting 8 inch artillery rounds.  On 14 July 1993, the Physical Evaluation Board considered his condition and found him ten percent physically disabled and unfit for military duty. It recommended that he be separated with severance pay.

6.  On 13 September 1993, the applicant was honorably discharged from the Regular Army due to physical disability.   He had attained the rank of specialist, pay grade E4, and had completed 6 years, 5 months, and 13 days of creditable active duty service.

7.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214, as corrected by 
DD Form 215 lists his awards as the National Defense Service Medal, Army Commendation Medal, Army Good Conduct Medal, Southwest Asia Service Medal with two bronze service stars, Kuwait Liberation Medal-Kuwait, Kuwait Liberation Service Medal-Saudi Arabia, Army Service Ribbon, Overseas Service Ribbon, Expert Marksmanship Qualification Badge with Grenade Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  It does not show award of any Army Achievement Medals or the Driver and Mechanic Badge with Driver-W Bar.

8.  The applicant provides Permanent Orders 171-68, United States Army Field Artillery Center and Fort Sill, Fort Sill, Oklahoma, dated 4 September 1991, awarding him the Driver and Mechanic Badge with Driver-W Bar for the period of service from 11 October 1989 to 12 July 1991.

9.  The applicant provided certificates showing that he was awarded two Army Achievement Medals; one for the period from 31 July 1987 to 29 July 1989; and another for the period from 21 to 22 March 1989.  He has not provided copies of the orders authorizing these awards.  The applicant’s records do not contain copies of these orders.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders show that the applicant was awarded the Driver and Mechanic Badge with Driver-W Bar.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The evidence provided by the applicant indicates that he was awarded Army Achievement Medals on two separate occasions.  However, the authorizing orders are not available for review.  Therefore, the evidence is insufficient and his records should not be corrected to show these awards.  If the applicant has copies, or should he be able to obtain copies of the authorizing orders, then he may resubmit this portion of his request for reconsideration.  Otherwise, he has the option of applying for these awards under the provisions of Section 1130 of Title 10, United States Code, as explained above in the CONSIDERATION OF EVIDENCE.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__LCB__  __EF__ __  _TJNT__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Driver and Mechanic Badge with Driver-W Bar.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the two Army Achievement Medals.  





_       Larry C. Bergquist_________
          CHAIRPERSON




INDEX

CASE ID
AR20070004871
SUFFIX

RECON
 
DATE BOARDED
20070911 
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.