BOARD DATE: 6 June 2018 DOCKET NUMBER: AR20160013565 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 6 June 2018 DOCKET NUMBER: AR20160013565 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. _________________________ CHAIRPERxSON 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. BOARD DATE: 6 June 2018 DOCKET NUMBER: AR20160013565 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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Bronze Star Medal (BSM). 2. The applicant states: a. She was assigned to the 557th Ground Ambulance Company, 30th Medical Brigade when she was awarded the BSM for her overall service during Operation Iraqi Freedom (OIF); however, due to time constraints she did not receive the orders. During the awards ceremony in Germany, she was presented with a handwritten certificate awarding her the BSM but the order and citation were not given to her. She was told the award would be forwarded to her next unit of assignment but it never arrived to her unit. Once she departed the unit, she was no longer in the Army. b. The other Soldiers who were awarded the BSM all received their orders and citation but she did not. The other Soldiers remained at the unit in Germany so they were able to follow up on their awards. She believes her award was delayed because the brigade commander, who was her commander at the time, was having a disagreement with his commander due to the Abu Gharb incident in 2004. 3. The applicant provides a copy of an article from the V Corps Public Affairs Office. 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 7 November 2001. 3. Evidence shows she served in Iraq for the period 3 March 2003 through 18 February 2004. 4. The applicant's Official Military Personnel File (OMPF) does not contain any evidence she was awarded the BSM. However, her OMPF does include: a. Permanent Orders 023-04 issued by the commander, 30th Medical Brigade on 23 January 2004, which awarded her the Army Commendation Medal (ARCOM) with "V" Device for meritorious achievement and valor on 1 June 2003. b. Permanent Orders 026-062 issued by the commander, Combined Joint Task Force 7 on 26 January 2004, which awarded her the ARCOM for meritorious service for the period 19 March 2003 through 5 January 2004. 5. On 6 November 2004, she was honorably released from active duty. She completed 3 years of net active service during this period. The DD Form 214 she was issued upon her release from active duty does not show award of the BSM. Her DD Form 214 shows she was awarded or authorized: * Army Achievement Medal * National Defense Service Medal * Army Service Ribbon * Overseas Service Ribbon * ARCOM with "V" Device * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal 6. The applicant provides a copy of an article by a member of the V Corps Public Affairs Office that describes her actions which resulted in her receiving the ARCOM with "V" Device. The article also note, "She also was awarded the BSM for her overall service during OIF." REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the BSM 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. 2. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The article the applicant provided is compelling, unfortunately, her available military records do no corroborate her claim of award of the BSM. 2. The evidence of record shows she was awarded the ARCOM for her overall service during OIF. 3. The applicant's honorable service and the sincerity of her request are not in question. However, the governing Army regulation states that for personal decorations, which include the BSM) a formal recommendation, approval through the chain of command, and announcement in orders are required. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160013565 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160013565 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2