IN THE CASE OF:	  

		BOARD DATE:	        21 July 2009 

		DOCKET NUMBER:  AR20090004213 


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 award of the Bronze Star Medal.

2.  The applicant states that, on 27 February 1991, he and other key leaders in his platoon captured an Iraqi General behind enemy lines and that he has tried for several years to receive the Bronze Star Medal for his service with no luck.

3.  The applicant provides an undated letter addressed to the National Personnel Records Center; a copy of a newspaper article; a copy of his DA Form 2166-7 (Noncommissioned Officer (NCO) Evaluation Report) for the period January 1991 to June 1991; a copy of permanent orders awarding him the Combat Infantryman Badge; a copy of a certificate showing award of the Army Commendation Medal; copies of three certificates showing his service in the Gulf war in support of Operations Desert Shield/Storm; a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 31 July 2007; and a copy of his separation orders, in support of his request.

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show he enlisted in the Regular Army on 3 January 1986 and held military occupational specialty 11B (Infantryman).  He served in various staff and/or leadership positions within and outside of the continental United States until he was honorably retired in the rank of staff sergeant on 
1 August 2007.  

3.  The applicant's records also show he served in Southwest Asia in support of Operations Desert Shield/Storm from 5 January 1991 to 12 May 1991.  

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued on 31 July 2007 shows he was awarded the Meritorious Service Medal, the Joint Service Commendation Medal, the Army Commendation Medal (3rd award), the Army Achievement Medal (5th Award), the Valorous Unit Award, the Army Superior Unit Award, the Good Conduct Medal (6th Award), the National Defense Service Medal (2nd award), the Armed Forces Expeditionary Medal, the Southwest Asia Service Medal with three bronze service stars, the Global War on Terrorism Service Medal, the Armed Forces Reserve Medal, the Iraq Campaign Medal, the Noncommissioned Officer Professional Development Ribbon (2nd Award), the Army Service Ribbon, the Overseas Service Ribbon (2nd Award), the Military Outstanding Volunteer Service Medal, the NATO Medal, the Kuwait Liberation Medal (K and SA), the Combat Infantryman Badge (2nd Award), the Expert Infantryman Badge, the Basic Marksmanship Qualification Badge, the Driver and Mechanic Badge with Tracked Vehicle Clasp, and the Driver and Mechanic Badge with Driver-Wheeled Vehicle Clasp.   Item 13 does not show award of the Bronze Star Medal.

5.  The applicant's records do not contain documentation and/or orders that show he was recommended for and/or awarded the Bronze Star Medal.

6.  The applicant submitted an undated letter addressed to the NPRC in which he stated that after returning from Desert Storm, all the leadership in his platoon were given Bronze Star Medals for valor for capturing an Iraqi General, except him and another Soldier.  He adds that after being reassigned, he received word that he was awarded the Bronze Star Medal.  He subsequently contacted his former unit but they were unable to locate the award.  He further stated in the letter that he would like his children and grandchildren to one day know that their father was a part of history for his country.
7.  The applicant submitted a copy of his DA Form 2166-7 for the period January 1991 to June 1991 that shows he led Soldiers to capture EPWs (enemy prisoners of war) during Desert Storm.

8.  The applicant submitted a copy of a newspaper article that shows he took part in the capture of an enemy Brigadier General on 27 February 1991 approximately 40 miles north into Iraq and that he had been recommended for award of the Bronze Star Medal for his services.

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 U. S. 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.  The applicant contends that he should be awarded the Bronze Star Medal.

2.  The ABCMR acknowledges and applauds the applicant's accomplishments while in Southwest Asia, on 27 February 1991, under extremely hazardous conditions.  However, the decision of whether to award an individual a decoration and which decoration to award is a judgment call made by the commander having award approval authority. 

3.  There is no indication in the applicant's records that he was recommended for or that he was awarded the Bronze Star Medal.  The governing Army regulation states that for personal decorations, formal recommendation, approval through the chain of command, and announcement of orders are required.  In the absence of orders, there is insufficient evidence to award the applicant the Bronze Star Medal.
4.  While the available evidence is insufficient for awarding the applicant the Bronze Star Medal, this in no way affects the applicant’s right to pursue his claim for the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

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)                                         AR20090004213



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ABCMR Record of Proceedings (cont)                                         AR20090004213



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