IN THE CASE OF:
BOARD DATE: 6 July 2010
DOCKET NUMBER: AR20090021889
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 the Bronze Star Medal, the Army Commendation Medal, and the Army Achievement Medal be added to her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 16 April 2004.
2. The applicant states her maintenance company was in support of the Marines in the Battle of Nasiriyah. She states she was medically evacuated due to a traumatic brain injury and was discharged before receiving her decorations. She states that due to the lack of supplies in the beginning of the conflict, they were asked to engage in night operations outside of their enclosed post in Nasiriyah.
3. The applicant provides no additional evidence in support of her 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's military personnel records show she enlisted in the Regular Army on 17 April 2000 for a period of 4 years. She completed basic combat training and advanced individual training and was awarded the military occupational specialty of 63B (Light Wheel Vehicle Mechanic).
3. On 16 April 2004, the applicant was released from active duty by reason of the completion of her required active service. She had completed 4 years of active service that was characterized as honorable. Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214 does not show she was awarded the Bronze Star Medal, the Army Commendation Medal, or the Army Achievement Medal.
4. Item 18 (Remarks) of the applicant's DD Form 214 states she served in:
* Kuwait - 14 January 2003-8 April 2003
* Iraq - 8 April 2003-1 July 2003
* Kuwait - 1 July 2003-25 July 2003
5. There are no recommendations, certificates, or orders in the applicant's official military personnel file (OMPF) for awards of the Bronze Star Medal, the Army Commendation Medal, or the Army Achievement Medal.
6. Army Regulation 600-8-22 (Military Awards) 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 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 states 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.
8. Army Regulation 600-8-22 states the Army Achievement Medal is awarded to any member of the Armed Forces of the United States who, while serving in a non-combat area on or after 1 August 1981, distinguished himself or herself by meritorious service or achievement. 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 contends the Bronze Star Medal, the Army Commendation Medal, and the Army Achievement Medal should be added to her DD Form 214.
2. The regulation states all personal decorations require a formal recommendation, approval through the chain of command, and announcement in orders. There are no recommendations, certificates, or orders in the applicant's OMPF for the Bronze Star Medal, the Army Commendation Medal, or the Army Achievement Medal. Therefore, there is insufficient evidence to support placing these awards on the applicant's DD Form 214.
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 that requirement.
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) AR20090021889
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ABCMR Record of Proceedings (cont) AR20090021889
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