IN THE CASE OF:	  

		BOARD DATE:  18 April 2012

		DOCKET NUMBER:  AR20110020689 


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 be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states his Bronze Star Medal is not listed on his DD Form 214 and he wants to receive the medal.

3.  The applicant provides copies of a Bronze Star Medal Certificate and three DD Forms 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 served on continuous active duty from 15 December 1970 through his retirement on 31 May 1991.
3.  The Bronze Star Medal certificate (provided by the applicant) shows the applicant was awarded this medal for meritorious service from 17 January 1991 to 2 March 1991 while deployed to Southwest Asia during Operation Desert Storm.  The certificate does not contain a reference to the orders number authorizing the award.

4.  The record does not contain copies of the Bronze Star Medal certificate or orders authorizing this award.  His DD Form 214 and DA Form 2-1(Personnel Qualification Record - Part II) do not show award of the medal.

5.  Army Regulation 600-8-22 (Military Awards) provides that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

DISCUSSION AND CONCLUSIONS:

Without some additional official documentation such as orders showing that the applicant was awarded the Bronze Star Medal, the Bronze Star Medal certificate alone is insufficient to warrant correcting the DD Form 214. 

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)                                         AR20110020689





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ABCMR Record of Proceedings (cont)                                         AR20110020689



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