BOARD DATE: 1 August 2018 DOCKET NUMBER: AR20160018307 BOARD VOTE: ____x_____ __x_____ ___x_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 1 August 2018 DOCKET NUMBER: AR20160018307 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. BOARD DATE: 1 August 2018 DOCKET NUMBER: AR20160018307 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 show award of the Bronze Star Medal (BSM). 2. The applicant states he was awarded the BSM during his service in Operation Desert Storm. It is clearly a records error that it was not included on his DD Form 214. 3. The applicant provides: * self-authored letter, dated 8 June 2016 * two eyewitness statements 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 21 February 1989. 3. The Gulf War Database Roster shows he served in Southwest Asia from 1 August 1990 to 27 July 1991. 4. On 15 August 1992, he was honorably released from active duty. 5. His DD Form 214 does not show award of the BSM. 6. There are no orders for the BSM in the available records. 7. He provided: a. A self-authored letter, dated 8 June 2016, stating he received the BSM for his service in the Gulf War while assigned to the 593rd Area Support Group and 22nd Support Command. He arrived in Saudi Arabia in August 1990. He was selected by Major General P (later promoted to Lieutenant General) to work in his command (22nd Support Command) as a public information/affairs officer. A few months prior to his deployment back to Fort Lewis, he was reassigned to his old unit the 593rd Area Support Group. A few weeks before he deployed stateside he received the BSM with a certificate signed by General P. He lost the certificate. He has no intention of keeping his BSM on display if he cannot correct his official records. b. An eyewitness statement from a retired major, dated 6 September 2016, attesting he put the applicant in for award of the BSM for his exceptionally outstanding service during Operation Desert Shield/Desert Storm, that Lieutenant Major P approved the medal, and he witnessed the applicant's receipt of the medal in a ceremony at the 593rd Supply Battalion headquarters. c. A letter from Lieutenant General P, dated 22 September 2016, confirming the applicant's award of the BSM during the Gulf War while he was the Commanding General, 22nd Support Command. REFERENCES: 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. The BSM is a personal decoration, and as with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders is required. DISCUSSION: 1. The applicant contends he was awarded the BSM during his service in Operation Desert Storm. 2. He provided eyewitness statements from a retired major and lieutenant general (approval authority) attesting the BSM was awarded to the applicant during the Gulf War. However, there are no orders for award of the BSM in the applicant's available records. 3. The BSM is a personal decoration and personal decorations require announcement in official orders. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160018307 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160018307 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2