IN THE CASE OF:
BOARD DATE: 10 April 2014
DOCKET NUMBER: AR20130014158
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), ending on 19 July 2009, to show award of the Bronze Star Medal.
2. The applicant states an administrative error caused the award to be overlooked at the conclusion of his deployment/demobilization. He is providing a copy of a DA Form 638 (Recommendation for Award) showing the recommendation and approval of the Bronze Star Medal.
3. The applicant provides copies of a DA Form 638 and his 2009 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 enlisted in the New Jersey Army National Guard (NJARNG) on 16 January 1981. He entered on active duty on 21 June 2008 in support of Operation Iraqi Freedom. He served in Iraq from 6 September 2008 through 1 June 2009.
3. He provided a copy of a DA Form 638, dated 21 February 2009, which recommended him for the Bronze Star Medal for the period 14 September 2008 through 10 June 2009. The form shows the award was approved on 31 March 2009 by Permanent Orders (PO) Number 109-113-210.
4. His record contains a DA Form 2166-8 for the period 16 June 2008 through 15 June 2009 for his duties as the battalion operations sergeant major in Iraq. In Part IV (Rater) Values/Noncommissioned Officer Responsibilities, his rater entered the following comment: "awarded the Bronze Star Medal for exceptional meritorious service during Operation Iraqi Freedom deployment."
5. He was released from active duty on 19 July 2009 and reverted back to the ARNG. His DD Form 214 lists the:
* Army Commendation Medal (3rd Award)
* Army Achievement Medal (5th Award)
* Army Reserve Components Achievement Medal (2nd Award)
* National Defense Service Medal (2nd Award)
* Global War on Terrorism Service Medal
* Noncommissioned Officer Professional Development Ribbon (3rd Award)
* Army Service Ribbon
* Armed Forces Reserve Medal with "M" Device (2nd Award)
* Multinational Force and Observers Medal
6. He was honorably discharged from the NJARNG on 1 March 2011 and was transferred to the Retired Reserve.
7. A review of his record located on the Interactive Personnel Electronic Records Management System (iPERMS) failed to reveal PO Number 109-113-210 authorizing or awarding him the Bronze Star Medal during his period of active duty or the resulting certificate.
8. Army Regulation 600-8-22 (Military Award) states 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
A review of the applicant's records located on IPERMS failed to reveal the orders authorizing the Bronze Star Medal. Notwithstanding, orders were issued awarding him this award. His DA Form 2166-8 for the period June 2008 to June 2009 also stated he was awarded the Bronze Star Medal for exceptional meritorious service during his Operation Iraqi Freedom deployment. Therefore, he is entitled to correction of his DD Form 214 to show this award.
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 to the applicant's DD Form 214 for the period ending 19 July 2009 the Bronze Star Medal.
___________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) AR20130014158
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ABCMR Record of Proceedings (cont) AR20130014158
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