IN THE CASE OF:
BOARD DATE: 15 December 2011
DOCKET NUMBER: AR20110012047
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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Meritorious Service Medal (MSM) (2nd Oak Leaf Cluster) [hereafter 3rd Award] and Bronze Star Medal (BSM) with "V" Device (4th Award).
2. He also requests that the Army Board for Correction of Military Records (ABCMR) send the corrected DD Form 214 to the U.S. Army TACOM Life Cycle Management Command, Integrated Logistics Support Center (ILSC) for issuance of the appropriate oak leaf clusters for his MSM (3rd Award); BSM with "V" Device (4th Award); and his Purple Heart (2nd Award).
3. He states that 30 percent of his household goods were stolen including his military awards. His Officer Record Brief (ORB) shows he was awarded four BSMs with "V" Device, three MSMs, and two Purple Hearts; however, his DD Form 214 does not reflect the proper amount of awards. He contends he provided the ILSC a certified copy of his DD Form 214, but he was issued an incorrect amount of oak leaf clusters for the various awards.
4. He provides:
* His DD Form 214
* A certification document
* A letter
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 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 ABCMR does not issue awards. Requests for the issuance or replacement of military service medals, decorations, awards, badges, and corresponding accouterments should be directed to the National Personnel Records Center (NPRC).
3. His military personnel records are located in the classified portion of the Interactive Personnel Electronic Records Management System and are not accessible to the Board. No award documents are available for review.
4. He provided a copy of his DD Form 214 which shows he was honorably retired on 31 March 1997 after serving 29 years, 9 months, and 25 days in the Regular Army. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows, in part, he was awarded the following:
* BSM with "V" Device and BSM (3rd Award)
* Purple Heart (2nd Award)
* MSM (2nd Award)
5. The applicant provided a copy of a letter addressed to the U.S. Army TACOM, Life Cycle Management Command, ILSC. This letter shows he requested replacement medal sets for the awards which were stolen.
6. Army Regulation 600-8-22 (Military Awards) states the BSM is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an
opposing armed force in which the United States is not a belligerent party.
7. Army Regulation 600-8-22 also states the MSM is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service in a noncombat area. After 16 January 1969 but prior to 11 September 2001, the MSM was authorized to be awarded only for meritorious service or achievement while serving in a non-combat area.
8. 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 DD Form 214 shows he was awarded the BSM with "V" Device, BSM (3rd Award), and the MSM (2nd Award).
2. Because his records are classified, they contain no award orders, and he has not provided sufficient evidence such as official orders showing he was awarded the BSM with "V" Device (4th Award) and MSM (3rd Award).
3. As such, he is not entitled to the requested relief.
4. However, he should be able to access his own records. He is advised he can request copies of his award orders by sending an email request to iPERMS Customer Service at perms.records@conus.army.mil. Once he obtains copies of these orders, he can resubmit his application to the Board and, if appropriate, corrections to his DD Form 214 could be made.
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) AR20110012047
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ABCMR Record of Proceedings (cont) AR20110012047
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