IN THE CASE OF:
BOARD DATE: 23 June 2015
DOCKET NUMBER: AR20140019613
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 records to show award of a second Bronze Star Medal.
2. The applicant states he earned two Bronze Star Medals but only one is shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
3. The applicant provides copies of his DD Form 214 and two Bronze Star Medal Certificates.
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 served on active duty from 16 August 2007 through 19 December 2009 with service in Afghanistan from 13 March 2008 through 13 March 2009.
3. The 10 March 2009 Bronze Star Medal Certificate (Permanent Orders Number 69-202) was for meritorious service with Task Force Panther for the period 13 March 2008 through 15 March 2009.
4. The 24 July 2009 Bronze Star Medal Certificate (Permanent Orders Number 09-205-008) was for meritorious service with Alpha Troop, 1st Squadron, 61st Cavalry Regiment for the period 13 March 2008 through 15 March 2009.
5. Both award certificates are signed by Major General J____ S____ Commanding, 101st Airborne Division.
6. Army Regulation 600822 (Military Awards) states only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant received two Bronze Star Medal Certificates, the reason for the award, period of service covered, and authorizing individual are the same.
2. In accordance with regulation, a Soldier cannot receive two awards for the same period of meritorious service. Therefore, correction of the applicant's DD Form 214 is not warranted.
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) AR20140019613
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ABCMR Record of Proceedings (cont) AR20140019613
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