IN THE CASE OF:
BOARD DATE: 15 June 2010
DOCKET NUMBER: AR20090020372
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, in effect, that his records be corrected to show awards of the Bronze Star Medal (BSM) and the Army Commendation Medal (ARCOM) with two oak leaf clusters (2nd OLC).
2. The applicant states he earned the BSM during the Gulf War because of his service and he should have three awards of the ARCOM reflected in his records. He goes on to state he believes they were omitted because they were awarded shortly before he was discharged.
3. The applicant provides no additional documents with his 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 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 enlisted in the Regular Army on 1 February 1983 for a period of 4 years, training as a cannon crewman, airborne training, assignment to the XVIII Airborne Corps, and a cash enlistment bonus.
3. He successfully completed his training and was assigned to the 82d Airborne Division for his first duty assignment. He remained on active duty through continuous reenlistments and was promoted to the pay grade of E-6 on15 September 1987.
4. He deployed to Southwest Asia from 28 August 1990 through 28 March 1991 and was returned to Fort Bragg, North Carolina, where he remained until he was honorably discharged on 2 August 1991 due to the expiration of his term of service. He had served 8 years, 6 months, and 2 days of total active service and his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was awarded the Army Service Ribbon, the Army Lapel Button, the National Defense Service Medal, the Southwest Asia Service Medal with two bronze service stars, the Marksman Marksmanship Qualification Badge with Rifle Bar, the Parachutist Badge, the Overseas Service Ribbon, the Army Good Conduct Medal (2nd Award), the Army Achievement Medal with 4th OLC, the Noncommissioned Officer Professional Development Ribbon with Numeral 2, the ARCOM, and the Kuwait Liberation Medal.
5. A review of the applicant's official records failed to reveal orders for the BSM or more than one award of the ARCOM.
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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
7. Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his records should be corrected to reflect awards of the BSM and the ARCOM with 2nd OLC has been noted. However, the applicant has failed to show through the evidence of record and documents submitted with his application that he was in fact awarded those awards.
2. Therefore, in the absence of evidence to substantiate his claim that he was awarded the BSM and three ARCOM's, there appears to be no basis to grant his request.
3. 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 this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X___ ___X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the
United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of his service in arms.
__________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) AR20090020372
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090020372
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090005570
The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to document his Gulf War service and by adding the Bronze Star Medal (BSM) and Army Commendation Medal (ARCOM). The evidence of record confirms the applicant was awarded the BSM and ARCOM, as evidenced by orders he provided and by a certificate and orders on file in his OMPF. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2013 | 20130005018
The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 6 April 2007 show he was awarded, authorized, or completed training for the following: * Bronze Star Medal (BSM) * BSM with "V" Device * Combat Infantryman Badge (CIB) * Parachutist Badge with bronze service star * Air Assault Badge * Army Good Conduct Medal (AGCM) * National Defense Service Medal (NDSM) * Global War on Terrorism Service Medal (GWOTSM) * Army...
ARMY | BCMR | CY2012 | 20120008357
The following general orders (GO) published by Headquarters, 9th Infantry Division awarded the applicant the following awards as indicated: * GO Number 7566, dated 26 August 1968, awarded him the BSM with "V" Device for heroism in Vietnam on 24 June 1968 * GO Number 8191, dated 9 September 1968, awarded him BSM with "V" Device for heroism in Vietnam on 12 and 13 August 1968 * GO Number 2550, dated 5 March 1969, awarded him the BSM (2nd OLC) for meritorious service in Vietnam for the period...
ARMY | BCMR | CY2007 | 20070012070
The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 14 May 1991, be corrected to show all awards and decorations to which he is entitled. There are no orders in the applicants service personnel records which show that he was awarded four awards of the ARCOM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by adding the already-awarded Good Conduct Medal,...
ARMY | BCMR | CY2010 | 20100006993
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following awards: * Army Commendation Medal (ARCOM), * three Army Achievement Medals (AAM) * Korea Defense Service Medal * National Defense Service Medal * Southwest Asia Service Medal with three bronze service stars * three Overseas Service Ribbons * Valorous Unit Award 2. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is...
ARMY | BCMR | CY1995 | 9510736C070209
APPLICANT REQUESTS: That his records be corrected to show his entitlement to award of the Bronze Star Medal (BSM) for Valor (V). EVIDENCE OF RECORD: The applicant's military records show: On 6 December 1990, the applicant was ordered to active duty with his Army Reserve unit, in support of Desert Shield/Storm. The evidence of record clearly shows that the applicants recommendation was given every consideration and denied, in total.
ARMY | BCMR | CY2010 | 20100007292
The applicant requests that the following corrections be made on his DD Form 214 (Certificate of Release or Discharge from Active Duty): a. change XVIII Aviation (AVN) CORPS to read XVIII Airborne (ABN) CORPS; and b. add the Bronze Star Medal (BSM), two Army Commendation Medals (ARCOM), Armed Forces Expeditionary Medal (AFEM) for Operation Just Cause-Panama), and the Ranger Tab. His request for correction of his DD Form 214 to show the AFEM for Operation Just Cause - Panama and the Ranger...
ARMY | BCMR | CY2010 | 20100013774
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 any awards or decorations to which he is entitled as a result of his service during the Gulf War. The available evidence shows he served on active duty during a designated period of time and place to qualify for award of the Southwest Asia Service Medal. Therefore, he is entitled to correction of his DD Form 214 to show the Southwest Asia...
ARMY | BCMR | CY2011 | 20110017292
His DD Form 214 shows he completed 2 years, 7 months, and 4 days of creditable active duty service and item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he received the following awards: * National Defense Service Medal (NDSM) * ARCOM with "V" Device * Aircraft Crewman Badge (ACB) * Parachutist Badge * Vietnam Service Medal (VSM) * RVN Campaign Medal with Device 1960 * 2 Overseas Bars * Marksman Marksmanship Qualification Badge...
ARMY | BCMR | CY2009 | 20090020485
The applicant requests that his deceased father be awarded two Silver Stars and two additional awards of the Bronze Star Medal; however, there are no orders or other evidence in his Official Military Personnel File authorizing these awards. Department of the Army (DA) Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that during his service with the Heavy Mortar Company of the 180th Infantry Regiment in Korea, this unit was awarded the Distinguished Unit...