BOARD DATE: 14 January 2014
DOCKET NUMBER: AR20130007875
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Bronze Star Medal.
2. The applicant states he was awarded the Bronze Star Medal; however, it was not recorded on his DD Form 214 at the time of his separation processing.
3. The applicant provides a copy of his Bronze Star Medal Certificate and DD Form 214.
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 had prior honorable enlisted service in the Regular Army and U.S. Army Reserve (USAR) from 14 October 1976 through 23 November 2001. He attained the rank/grade of master sergeant (MSG)/E-8 on 30 September 1995.
3. The applicant's DD Form 214 shows he was ordered to active duty from the USAR in support of Operation Enduring Freedom (OEF) on 24 November 2001 and honorably released from active duty on 6 July 2002.
a. He completed 7 months and 13 days of net active service this period that included 5 months and 18 days of foreign service in Uzbekistan from
19 December 2001 through 6 June 2002.
b. Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) does not show award of the Bronze Star Medal.
4. A review of the applicant's military personnel records failed to reveal any orders or other evidence that shows he was awarded the Bronze Star Medal.
5. The applicant provides a copy of a Bronze Star Medal Certificate that shows the Commanding General, Coalition Joint Task Force - Mountain, awarded him the Bronze Star Medal on 9 May 2002 for meritorious achievement while serving as a member of Coalition Joint Task Force - Mountain during OEF from
19 December 2001 to 17 May 2002.
6. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.
a. The Bronze Star Medal 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.
b. 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 that his DD Form 214 should be corrected to show award of the Bronze Star Medal.
2. The applicant provided a copy of a Bronze Star Medal Certificate for the period 19 December 2001 to 17 May 2002. However, there is no evidence of record and he did not provide any evidence that shows the award was announced in orders.
3. In view of the foregoing, there is an insufficient evidentiary basis for correcting the applicant's DD Form 214 to show this award.
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 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 this action in no way diminishes the sacrifices made by him in service to our Nation. 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.
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