IN THE CASE OF: BOARD DATE: 1 December 2015 DOCKET NUMBER: AR20150005616 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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect award of the Bronze Star Medal. 2. The applicant states: * his former unit in Germany mailed him the Bronze Star Medal Certificate and medal set after his permanent change of station to Fort Stewart, Georgia * the award orders were not included * he tried to contact his former unit to get the orders without success, likely due to the drawdown after Operations Desert Shield/Desert Storm 3. The applicant provides a copy of his Bronze Star Medal Certificate, dated 11 April 1991. 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 March 1972. 3. Item 35 (Record of Assignments) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he was assigned to Headquarters and Headquarters Company, 4th Battalion, 66th Armored Regiment, in Germany from 23 December 1987 through 20 July 1991. Item 5 (Overseas Service) shows he deployed to Saudi Arabia from 30 December 1990 through 4 May 1991. Item 9 (Awards, Decorations, and Campaigns) shows he participated in two campaigns, the Defense of Saudi Arabia and the Liberation and Defense of Kuwait. It does not show award of the Bronze Star Medal. 4. He provided a copy of a Bronze Star Medal Certificate, dated 11 April 1991, showing he was awarded the Bronze Star Medal for exceptionally meritorious achievement during the period 17 January 1991 through 2 March 1991 while serving with the 4th Battalion, 66th Armored Regiment, 1st Armored Division, deployed to Southwest Asia in combat operations associated with Operation Desert Storm. 5. His service records do not contain orders awarding him the Bronze Star Medal and he has not provided any such orders. 6. He retired on 31 March 1992. His DD Form 214 does not show award of the Bronze Star Medal. 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. The applicant's request for correction of his DD Form 214 to reflect award of the Bronze Star Medal was carefully considered. 2. Although he provided a copy of a certificate showing he was awarded the Bronze Star Medal, his records do not contain that certificate and he did not provide nor do his records contain orders showing he was awarded the Bronze Star Medal. A thorough review of his records shows no reference to a recommendation for or award of the Bronze Star Medal. 3. Award of the Bronze Star Medal requires a formal recommendation, approval through the chain of command, and announcement in orders. 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 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) AR20150005616 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005616 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1