IN THE CASE OF
BOARD DATE: 29 July 2014
DOCKET NUMBER: AR20130020605
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 following:
* issuance of a new DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect all the awards issued to him as found at the National Archives in St. Louis, MO
* copies of the orders to support the award of the Bronze Star Medal and Bronze Star Medal with 1st Oak Leaf Cluster
2. The applicant states his DD Form 214 does not reflect the proper information possibly due to the lapse of time between his discharge and his return from Iraq. He is enclosing a copy of a letter from the U.S. Army Tank-Automotive and Armaments Command (TACOM), Integrated Logistics Support Center (ILSC), Clothing and Heraldry Product Support Integration Directorate. He also requests copies of the orders to support the Bronze Star Medal and Bronze Star Medal with 1st Oak Leaf Cluster issued.
3. The applicant provides copies of his DD Form 214 and a letter from the U.S. Army TACOM, ILSC, Clothing and Heraldry Product Support Integration Directorate.
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 Regular Army, in pay grade E-1, on 3 May 1990, for 4 years. He served as a Bradley fighting vehicle systems mechanic. He was advanced to pay grade E-2 on 3 November 1990. He served in:
* Germany from 9 November 1990 through 27 September 1991
* Saudi Arabia from 5 December 1990 through 29 April 1991
3. He was honorably discharged, in pay grade E-1, on 30 September 1991, by reason of a locally imposed bar to reenlistment. He was credited with completing 1 year, 4 months, and 28 days of net active service with no time lost. His DD Form 214 lists the:
* Army Service Ribbon
* Overseas Service Ribbon
* National Defense Service Medal
* Southwest Asia Service Medal with two bronze service stars
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
4. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record Part II) lists all the awards listed on his DD Form 214 to include the Overseas Service Ribbon.
5. There are no orders in his personnel record authorizing or awarding him the Bronze Star Medal or Bronze Star Medal with 1st Oak Leaf Cluster during his period of service.
6. He provided a copy of a letter from the U.S. Army TACOM, ILSC, Clothing and Heraldry Product Support Integration Directorate, wherein he was advised of shipment of the following awards:
* Bronze Star Medal with 1st Oak Leaf Cluster
* National Defense Service Medal
* Southwest Asia Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
7. 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:
1. The applicant's contention and the documentation he submitted with his application were carefully considered. However, there is no evidence found in his service personnel records to show he was awarded the Bronze Star Medal or Bronze Star Medal with 1st Oak Leaf Cluster during his period of service. The basis for TACOM, ILSC issuing him the two Bronze Star Medals is unknown.
2. The DD Form 214 he was issued properly lists his authorized awards as listed in item 9 of his DA Form 2-1. Absence any orders to show award of the Bronze Star Medal and Bronze Star Medal with 1st Oak Leaf Cluster, there is an insufficient evidentiary basis to support his request.
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) AR20130020605
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ABCMR Record of Proceedings (cont) AR20130020605
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