BOARD DATE: 18 January 2012
DOCKET NUMBER: AR20110013248
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 and any awards and decorations to which he may be entitled be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending
10 June 2004.
2. The applicant states he was awarded the Bronze Star Medal after his DD Form 214 was issued.
3. The applicant provides:
* DA Form 638 (Recommendation for Award)
* Orders for the Bronze Star Medal
* DD Form 214 for the period ending 10 June 2004
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. The applicant was ordered to active duty from the Army National Guard on
30 November 2002 in support of Operations Noble Eagle, Enduring Freedom, and Iraqi Freedom. He served in Iraq from 26 October 2003 to 14 April 2004. On 10 June 2004, he was released from active duty.
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 10 June 2004 shows the:
* Meritorious Unit Commendation
* Navy E Ribbon (2nd Award)
* National Defense Service Medal (2nd Award)
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Noncommissioned Officers Professional Development Ribbon
* Army Service Ribbon
* Navy and Marine Corps Expeditionary Medal
* Navy/Marine Corps Overseas Service Ribbon
* Sea Service Deployment Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Senior Explosive Ordnance Disposal Badge
* Explosive Ordnance Disposal Badge
* Overseas Service Bar
* Armed Forces Reserve Medal with M Device
4. Permanent Orders, dated 17 March 2004, show he received the Bronze Star Medal for meritorious service during the period 26 October 2003 to 21 April 2004.
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant received the Bronze Star Medal. His DD Form 214 for the period ending 10 June 2004 should be corrected to show this medal.
2. His request for additional awards and decorations was noted. However, a thorough review of the applicant's records failed to reveal any additional awards authorized but not recorded.
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 adding the Bronze Star Medal to item 13 of his DD Form 214 for the period ending 10 June 2004.
_______ _ 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) AR20110013248
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110013248
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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