IN THE CASE OF:
BOARD DATE: 31 July 2014
DOCKET NUMBER: AR20130020779
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 that his award of the Bronze Star Medal with V Device be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states that he received the narrative for award of the Bronze Star Medal with V Device after he was released from active duty and he desires it to be added to his DD Form 214.
3. The applicant provides copies of the narrative for award of the Bronze Star Medal with V Device and his 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 Regular Army on 31 May 2007 for a period of 3 years and training as an infantryman.
3. He deployed to Afghanistan during the period 17 January 2009 to
9 January 2010. On 19 September 2010, he was honorably released from active duty (REFRAD) due to completion of required active service. He had served 3 years, 3 months and 19 days of active service.
4. His DD Form 214 issued at the time of his REFRAD shows he was awarded the Afghanistan Campaign Medal with one bronze service star, Army Commendation Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, North Atlantic Treaty Organization (NATO) Medal, and the Combat Infantryman Badge.
5. A review of his official record failed to show any evidence (orders) showing he was awarded the Bronze Star Medal with V Device.
6. The narrative provided by the applicant indicates he was cited for exceptionally valorous and gallant conduct on 28 August 2009. However, it does not contain an order number awarding him the Bronze Star Medal with V Device.
7. Army Regulation 600-8-22 (Military Awards) 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. While the sincerity of the applicants claim that he was awarded the Bronze Star Medal with V Device is not in doubt, orders are required before it may be entered in official records.
2. Therefore, in the absence of orders awarding him the Bronze Star Medal with V Device, there appears to be no basis to add it to his records at this time.
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 that 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 that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism. 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.
ABCMR Record of Proceedings (cont) AR20130020779
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