IN THE CASE OF:
BOARD DATE: 20 May 2008
DOCKET NUMBER: AR20080003769
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that the Bronze Star Medal and the Meritorious Service Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 August 1995.
2. The applicant states that the Bronze Star Medal and the Meritorious Service Medal were not added to his DD Form 214 for the period ending 31 August 1995.
3. The applicant provides a Bronze Star Medal award certificate and a Meritorious Service Medal award certificate.
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. After having had prior service, the applicant enlisted in the Regular Army on 26 December 1978. He served in Southwest Asia from 27 December 1990 through 17 May 1991.
3. The applicant provided an award certificate, signed on 2 April 1991, that shows he was awarded the Bronze Star Medal for exceptionally meritorious service during the period 17 January 1991 to 28 February 1991. No orders for the Bronze Star Medal are available. The Bronze Star Medal is not listed in item 9 (Awards, Decorations & Campaigns) of the applicants DA Form 2-1 (Personnel Qualification Record). He last reviewed his DA Form 2-1 on 21 March 1994.
4. Headquarters, 3d Armored Division Support Command, Permanent Orders 4-18, dated 1 April 1991, awarded the applicant the Army Commendation Medal for meritorious achievement for the period 17 January 1991 to 6 March 1991.
5. The applicant provided an award certificate that shows he was awarded the Meritorious Service Medal for the period 31 August 1985 to 31 August 1995 on Headquarters, U. S. Army Transportation Center, Permanent Orders 178-15, dated 27 June 1995.
6. The applicant retired on 31 August 1995. His DD Form 214 for the period ending 31 August 1995 does not show the Bronze Star Medal or the Meritorious Service Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant provided an award certificate that shows he was awarded the Meritorious Service Medal. That award certificate contained the orders number that awarded it to him. Therefore, the certificate is accepted as sufficient evidence on which to base adding the Meritorious Service Medal to his DD Form 214 for the period ending 31 August 1995.
2. The applicant provided an award certificate, signed on 2 April 1991, showing he was awarded the Bronze Star Medal during the period 17 January 1991 to 28 February 1991. No orders for the Bronze Star Medal are available. The Bronze Star Medal is not listed on his DA Form 2-1.
3. The applicants records contain Headquarters, 3d Armored Division Support Command, Permanent Orders 4-18, dated 1 April 1991, that show he was awarded the Army Commendation Medal for the period 17 January 1991 to 6 March 1991. This period of service completely overlaps the period listed on the Bronze Star Medal award certificate.
4. Based on the fact there are no orders available for the Bronze Star Medal, but there are orders for the Army Commendation Medal, the Bronze Star Medal award certificate itself is insufficient evidence on which to base adding the Bronze Star Medal to the applicants DD Form 214 for the period ending 31 August 1995.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___xx___ ___xx___ ____xx__ 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 amending his DD Form 214 for the period ending 31 August 1995 to add the Meritorious Service Medal.
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 amending his DD Form 214 for the period ending 31 August 1995 to add the Bronze Star Medal.
__________xxx____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080003769
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