IN THE CASE OF:
BOARD DATE: 16 December 2008
DOCKET NUMBER: AR20080017410
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 correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show award of the Bronze Star Medal.
2. The applicant states that he was awarded the Bronze Star Medal and that it was presented to him at Fort Knox, Kentucky. He was informed that the paperwork would follow but he has never received it. He contends that his award of the Combat Action Badge supports his claim.
3. The applicant provides a copy of his orders awarding him the Combat Action Badge.
CONSIDERATION OF EVIDENCE:
1. On 13 January 2004, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty (MOS) 19K (Armor Crewman).
2. On 15 June 2004, the applicant was assigned duty as an assistant heavy vehicle driver with the 37th Armored Battalion, in the Federal Republic of Germany.
3. On 13 January 2006, the applicant was deployed with his unit to Iraq.
4. Permanent Order 127-122D, 101st Airborne Division, dated 7 May 2006, awarded the applicant the Combat Action Badge for his service on 20 April 2006.
5. He returned to the Federal Republic of Germany, with his unit, on 1 March 2007.
6. On 12 July 2007, the applicant returned to the United States for duty with the 1st Squadron, 16th Cavalry Regiment, Fort Knox, Kentucky.
7. On 20 September 2008, the applicant was retired due to physical disability. He had attained the rank of specialist, pay grade E-4, and had completed
4 years, 8 months, and 8 days of creditable active duty service.
8. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows his awards as the Army Commendation Medal (three awards), Army Achievement Medal (two awards), National Defense Service Medal, Presidential Unit Citation (two awards), Global War on Terrorism Service Medal, Iraq Campaign Medal [with bronze service star], Army Service Ribbon, Overseas Service Ribbon (two awards), Combat Action Badge, and the Driver and Mechanic Badge with Driver-T and Driver-W Bars. It does not show award of the Bronze Star Medal.
9. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.
10. Title 10 of the United States Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion. It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation. Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.
DISCUSSION AND CONCLUSIONS:
1. While the available evidence is insufficient for awarding the applicant a Bronze Star Medal, this in no way affects the applicants right to pursue his/her claim for the Bronze Star Medal by submitting a request through his/her Member of Congress under the provisions of 10 USC 1130.
2. Additionally, should the applicant have, or be able to obtain, a copy of the orders awarding him the Bronze Star Medal, he may submit another application for reconsideration.
3. The applicant's implied contention that his award of the Combat Action Badge is sufficient support for award of the Bronze Star Medal is without merit. Award of the Bronze Star Medal requires formal recommendation, approval through the chain of command, and publication of orders.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
5. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
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) AR20070016793
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ABCMR Record of Proceedings (cont) AR20080017410
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