IN THE CASE OF:
BOARD DATE: 16 JUNE 2009
DOCKET NUMBER: AR20090000055
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 he be issued the Bronze Star Medal he was awarded in April 1991.
2. The applicant states he received a Bronze Star Medal Certificate, dated 7 April 1991, but he was told the actual medal would be shipped to him. He never received the medal set.
3. The applicant provides a copy of a Bronze Star Medal Certificate. The certificate is dated 7 April 1991 and signed by Secretary of the Army Michael P. W. Stone and Major General John H. Tilelli, Jr., Commander, 1st Cavalry Division. The certificate cites the applicant for exceptionally meritorious service during the period October 1990 to April 1991. The certificate does not have a permanent order number assigned to it.
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. With prior service, the applicant enlisted in the U.S. Army Reserve for 3 years on 24 May 1990. Records show he was assigned as the Motor Sergeant, 356th Station Hospital, Rocky Point, NY.
3. Orders A-01-010196, U.S. Total Army Personnel Command, St. Louis, MO, dated 10 January 1991, ordered the applicant to active duty with the 30th Adjutant General Replacement Battalion, Fort Benning, GA, with a reporting date of 15 January 1991.
4. Orders 19-11, Headquarters, U.S. Army Infantry Training Center, Fort Benning, GA, dated 25 January 1991, ordered the applicant to temporary duty with the 23rd Replacement Detachment for deployment in support of Operation Desert Storm.
5. The applicants DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 15 January 1991 through 30 April 1991 shows he served in Southwest Asia in support of Operation Desert Shield/Desert Storm from 29 January 1991 to 21 April 1991. It shows he was discharged at Fort Hood, TX, while assigned to the 21st Replacement Company. It does not show award of the Bronze Star Medal.
6. There are no orders available to show the applicant was awarded the Bronze Star Medal.
7. The Chief, Military Awards Branch, U.S. Army Human Resources Command, Alexandria, VA, has stated in previous cases of this type that Headquarters, Department of the Army, directed permanent order numbers be shown on all award certificates effective 1 December 1990.
8. Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy, and instructions concerning individual military awards, the Army Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders is required.
DISCUSSION AND CONCLUSIONS:
1. The applicant wants a Bronze Star Medal set sent to him. It is presumed, by extension, he also wants the Bronze Star Medal added to his DD Form 214.
2. The applicant served on active duty in support of Operation Desert Shield/Desert Storm from 15 January 1991 to 30 April 1991.
3. The applicant did not provide, and his records do not contain, a copy of the permanent order awarding him the Bronze Star Medal or a copy of the DA Form 638 (Recommendation for Award) that recommended him for award of the Bronze Star Medal and that would have contained the orders issuing authority.
4. The Bronze Star Medal Certificate provided by the applicant is dated 7 April 1991, but it does not contain a permanent order number. Although it is signed by the correct Secretary of the Army and Commanding General, 1st Cavalry Division, for the period in question, it lauds the applicants performance commencing in October 1990; he was not on active duty until 15 January 1991.
5. Without a permanent order awarding the applicant the Bronze Star Medal, the Bronze Star Medal Certificate, particularly with the inconsistencies noted, is insufficient proof to send him the medal set or correct his DD Form 214 to reflect the award.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ 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.
__________________________
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) AR20090000055
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