IN THE CASE OF:
BOARD DATE: 27 January 2009
DOCKET NUMBER: AR20080017985
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Bronze Star Medal and the Presidential Unit Citation.
2. The applicant states, in effect, he was awarded the Bronze Star Medal and the Presidential Unit Citation. Therefore, they should be on his official records.
3. The applicant provides a DD Form 214 in support of this application.
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 enlisted in the Regular Army on 14 July 1988, served as a combat engineer, and was released from active duty on 15 October 1991.
3. The applicant's DD Form 214 shows the Army Service Ribbon, the Southwest Asia Service Medal with two bronze service stars, the National Defense Service Medal, the Army Achievement Medal, the Army Commendation Medal, the Good Conduct Medal, Overseas Service Ribbon, Expert Marksmanship Qualification Badge (Rifle M-16), Expert Marksmanship Qualification Badge (Grenade), and the Parachutist Badge as authorized awards. The Bronze Star Medal and the Presidential Unit Citation are not shown on this DD Form 214.
4. There are no orders in the applicant's records which show he was awarded the Bronze Star Medal.
5. There is no evidence of record which shows the applicant's unit received the Presidential Unit Citation.
6. 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.
7. Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation is awarded for extraordinary heroism in action. A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he was awarded the Bronze Star Medal and the Presidential Unit Citation has been carefully reviewed and found to be without merit.
2. There are no orders in the applicant's record which show he was awarded the Bronze Star Medal. In the absence of orders or any other evidence showing the applicant was awarded the Bronze Star Medal, there is insufficient evidence on which to base this award.
3. There is no evidence of record which shows the applicant's unit received the Presidential Unit Citation. Therefore, there is insufficient evidence on which to base award of this unit citation.
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.
_______ _ x_______ ___
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) AR20080017985
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ABCMR Record of Proceedings (cont) AR20080017985
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