RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 January 2008
DOCKET NUMBER: AR20070011544
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. Mohammed R. Elhaj
Analyst
The following members, a quorum, were present:
Mr. Frank C. Jones, II
Chairperson
Ms. LaVerne M. Douglas
Member
Mr. Michael J. Flynn
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 records to show award of the Bronze Star Medal for his service in Somalia.
2. The applicant states, in effect, that the award was approved after his discharge from the Army.
3. The applicant provided a copy of Permanent Order 62-31, dated 3 March 1995; and a certificate, dated 2 March 1995, showing he was awarded 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was a Regular Army Special Forces (SF) sergeant first class (SFC)/E-7 who entered military service on 10 September 1981 and was honorably discharged under the Early Release Program - Special Separation Benefit (SSB), on 3 January 1995.
3. The applicants DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was awarded the Army Service Ribbon, the National Defense Service Medal, the Army Lapel Button, the Good Conduct Medal (4th Award), the Army Achievement Medal (6th Oak Leaf Cluster), the Meritorious Service Medal, the Air Medal, the Army Commendation Medal (2nd Oak Leaf Cluster), the Valorous Unit Award, the Armed Forces Expeditionary Medal, the Meritorious Unit Commendation, the Southwest Asia Service Medal with two bronze service stars, the Noncommissioned Officer Professional Development Ribbon (3rd Award), the Overseas Service Bar, the Kuwait Liberation Medal, the Expert
Marksmanship Qualification Badge with Rifle Bar (M-16), the Combat Infantryman Badge, the Parachutist Badge, the Special Forces Tab, and the Egyptian Parachutist Badge.
4. Department of the Army, U.S. Total Army Personnel Command, Alexandria, Virginia, Permanent Order 62-31, dated 3 March 1995, shows that the applicant was awarded the Bronze Star Medal for meritorious service during the period
1 December 1993 through 12 March 1994.
DISCUSSION AND CONCLUSIONS:
Permanent Order 62-31 shows that the applicant was awarded the Bronze Star Medal for meritorious service during the period 1 December 1993 through 12 March 1994. Therefore, he is entitled to correction of his records to show this award.
BOARD VOTE:
__fcj___ __lmd___ __mjf___ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show award of the Bronze Star Medal.
Frank C. Jones, II
______________________
CHAIRPERSON
INDEX
CASE ID
AR20070011544
SUFFIX
RECON
DATE BOARDED
20080108
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
(GRANT)
REVIEW AUTHORITY
ISSUES 1.
107.0000
2.
3.
4.
5.
6.
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