BOARD DATE: 9 October 2014
DOCKET NUMBER: AR20140003965
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 awards of the Bronze Star Medal (BSM) and Defense Meritorious Service Medal (DMSM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states his awards of the BSM and DMSM were omitted from his DD Form 214.
3. The applicant provides copies of orders and certificates awarding him the BSM and DMSM.
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 6 July 1983. He completed his training and remained on active duty through a series of continuous reenlistments. He was promoted to the pay grade of E-8 on 1 July 2001.
3. Permanent Orders Number 098-002, issued by Joint Special Operations Command on 7 April 2004 awarded the applicant the DMSM for meritorious service during the period 29 December 1994 to 30 June 2004.
4. Permanent Orders Number 221-010, issued by Joint Special Operations Command on 8 August 2004 awarded the applicant the BSM for meritorious service during the period 10 October 2003 to 14 January 2004.
5. On 30 June 2004 the applicant was honorably retired due to sufficient service for retirement. His DD Form 214 issued at the time of his retirement does not reflect his awards of the BSM and DMSM.
DISCUSSION AND CONCLUSIONS:
The applicant was awarded the BSM and the DMSM in duly authenticated orders and is entitled to have those awards added to his DD Form 214.
BOARD VOTE:
___X____ __X______ _X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 the awards of the BSM and DMSM to his DD Form 214.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are
deeply appreciated. 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) AR20140003965
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ABCMR Record of Proceedings (cont) AR20140003965
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