IN THE CASE OF:
BOARD DATE: 3 September 2009
DOCKET NUMBER: AR20090004492
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by deleting the Bronze Star Medal and adding the Army Achievement Medal and the Good Conduct Medal.
2. The applicant states that he never served in combat and was not awarded the Bronze Star Medal. Therefore, he wants it removed from his DD Form 214. He further states that he was awarded the Army Achievement Medal and the Good Conduct Medal but they are not recorded on his DD Form 214.
3. The applicant provides, in support of his application, copies of his DD Form 214, orders, and certificates awarding him the Army Achievement Medal and the Good Conduct Medal.
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. On 16 August 1989, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 98C (Electronic Warfare/Signal Intelligence Analyst).
3. On 10 January 1991, the applicant departed his unit for assignment in the Federal Republic of Germany. He was subsequently assigned duty as an analyst with the 302nd Military Intelligence Battalion.
4. Permanent Orders Number 202-1, 302nd Military Intelligence Battalion, dated 20 July 1992, awarded the applicant the Army Achievement Medal for meritorious service during the period from 1 April 1991 to 22 June 1992.
5. Permanent Orders 000022-021, 378th Personnel Service Company, dated
3 August 1992, awarded the applicant the Good Conduct Medal for the period from 17 August 1989 to 16 August 1992.
6. On 16 August 1992, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement). He had attained the rank of specialist, pay grade E-4 and had completed 3 years and 1 day of creditable active duty service.
7. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his awards as the Bronze Star Medal, National Defense Service Medal, Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle and Grenade Bars.
8. Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 (Personnel Qualification Record - Part II) lists his awards as the Army Service Ribbon and the Expert Marksmanship Qualification Badge with Rifle and Grenade 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he was never awarded the Bronze Star Medal; therefore, it should be removed from his DD Form 214. He further contends that he was awarded the Army Achievement Medal and the Good Conduct Medal; therefore, these awards should be added to his DD Form 214.
2. There is no evidence of record, other than the entry on his DD Form 214, showing that he was awarded the Bronze Star Medal. Furthermore, there is no evidence showing that any of his service met the qualifications for award of the Bronze Star Medal. Therefore, the applicant's request for deletion of this medal from his DD Form 214 should be granted.
3. Permanent orders show the applicant was awarded the Army Achievement Medal and the Good Conduct Medal. Therefore, these two medals should be added to his DD Form 214.
BOARD VOTE:
____x____ ____x____ ____x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the Bronze Star Medal from his DD Form 214 and adding the Army Achievement Medal and Good Conduct Medal.
_______ _ _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) AR20090004492
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