IN THE CASE OF:	  

		BOARD DATE:	  21 October 2014

		DOCKET NUMBER:  AR20140002418 


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 an additional award of the Bronze Star Medal and the Joint Meritorious Unit Award be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 6 May 2009.

2.  He provides no additional statements.  

3.  He provides:

* Headquarters, Department of the Army, General Orders Number 2010-08, dated 22 July 2010
* Headquarters, Fort Dix Orders 280-507, dated 6 October 2008
* DD Form 214 for the period ending 6 May 2009
* Bronze Star Medal award certificate, dated 7 May 2009
* DA Form 638 (Recommendation for Award), dated 28 April 2009
* Letter, dated 14 January 2014, from the Case Management Division, Army Review Boards Agency
* An article from TVC Journal, dated May/June 1996

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.  After having prior enlisted service in the U.S. Navy, the applicant was appointed as a U.S. Army Reserve commissioned officer on 17 February 1981 in the rank of first lieutenant.  

3.  His personnel documents in the Interactive Personnel Electronic Records Management System (iPERMS) include an award certificate and citation which show he was awarded the Bronze Star Medal with Combat "V" Device for action on 28 August 1969 while serving in the U.S. Navy in Vietnam.  His records in iPERMS also include a DD Form 215, dated 19 October 1999, which shows the Bronze Star Medal with Combat "V" Device was added to his DD Form 214 (U.S. Navy).  

4.  He was ordered to active duty on 13 December 2002 in support of Operation Enduring Freedom and he subsequently served in Kuwait/Iraq from 13 January to 22 December 2003.  He was honorably released from active duty (REFRAD) on 4 March 2004.  The DD Form 214 issued for this period shows award of the Bronze Star Medal with Combat Distinguished "V" Device and the Bronze Star Medal.

5.  He was ordered to active duty on 20 September 2006 in support of Operation Iraqi Freedom and he subsequently served in Iraq from 18 November 2006 to 9 November 2007.  He was REFRAD on 23 January 2008.  The DD Form 214 issued for this period shows award of the Bronze Star Medal with Combat Distinguishing "V" Device and the Bronze Star Medal.  

6.  He was ordered to active duty again on 8 August 2008 in support of Operation Iraqi Freedom and he subsequently served in Iraq from 15 October 2008 to 7 March 2009.  He was REFRAD on 6 May 2009.  The DD Form 214 issued for this period shows award of the Bronze Star Medal with "V" Device and the Bronze Star Medal.

7.  Orders 09-180-00004, dated 29 June 2009, published by Headquarters, Civil Affairs and Psychological Operations (PSYOP) Command, Fort Bragg, NC released him from his current assignment and assigned him to the Retired Reserve, effective 7 May 2009.  

8.  He provided the following documents:

	a.  Headquarters, Fort Dix Orders 280-507, dated 6 October 2008, which show he was deployed in support of Operation Iraqi Freedom with a proceeding date of 8 October 2008.

	b.  DA Form 638, dated 28 April 2009, which shows he was awarded the Bronze Star Medal for meritorious service from 10 October 2008 to 28 February 2009 by Headquarters Task Force Mountain, Camp Basra, Iraq, Permanent Order Number 127-076, dated 7 May 2009.

	c.  Award certificate, dated 7 May 2009, which shows he was awarded the Bronze Star Medal by Permanent Order Number 127-076 for exceptional and meritorious service from 10 October 2008 to 28 February 2009 while assigned as Deputy Team Leader during Operation Iraqi Freedom.  The citation on his award certificate states, in part, "His selfless service and dedication to duty are in keeping with the highest traditions of military service and reflects great credit upon himself, the Multi-National Division-South, and the United States Army."

	d.  Headquarters, Department of the Army, General Orders Number 2010-08, dated 22 July 2010, which shows Headquarters, Multi-National Corps-Iraq was cited for award of the Joint Meritorious Unit Award for the period 10 February 2008 to 4 April 2009.

	e.  DD Form 215 (Correction to DD Form 214), dated 25 September 2013, which shows his DD Form 214 for the period ending 6 May 2009 was corrected to add award of the Legion of Merit.

9.  Army Regulation 600-8-22 (Military Awards) states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Bronze Star Medal with Combat Distinguished "V" Device for action on 28 August 1969.

2.  The applicant's DD Form 214 for the periods ending 4 March 2004, 23 January 2008, and 6 May 2009 show award of the Bronze Star Medal with Combat Distinguished "V" Device and the Bronze Star Medal.

3.  Permanent Order Number 127-076, dated 7 May 2009 published by Headquarters Task Force Mountain, Camp Basra, Iraq shows the applicant was awarded an additional award of the Bronze Star Medal for meritorious service from 10 October 2008 to 28 February 2009.  Therefore, it would be appropriate to amend his DD Form 214 for the period ending 6 May 2009 to show a third award of the Bronze Star Medal.  

4.  Headquarters, Department of the Army, General Orders Number 2010-08, dated 22 July 2010, announced award of the Joint Meritorious Unit Award to Headquarters, Multi-National Corps-Iraq and other units during the period 19 February 2008 to 4 April 2009.  The applicant's Bronze Star Medal award certificate, dated 7 May 2009, confirms he was assigned to this unit while deployed to Iraq.  Therefore, it would be appropriate to amend his DD Form 214 for the period ending 6 May 2009 to show award of the Joint Meritorious Unit 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 amending his DD Form 214 for the period ending 6 May 2009 to add award of the Bronze Star Medal with Combat Distinguishing "V" Device (Second Oak Leaf Cluster) and the Joint Meritorious Unit Award.  



      _______ _   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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