ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  12 September 2019

	DOCKET NUMBER:  AR20190008907


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show award of the Bronze Star Medal.  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552(b); however, the Army Board for Correction of Military 
Records (ABCMR) conducted a substantive review of this case and determined it is in 
the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states:

	a.  His Squad Leader was going to recommend his squad for award of the Bronze 
Star Medal during their deployment in Iraq for going above and beyond the call of duty 
with enemy combatants.

	b.  The Battalion Commander came down with orders that only 33 percent of awards 
that were requested would be approved.

	c.  The Squad Leader did not want to do the paperwork to have most to all of the 
awards denied.  

3.  The applicant enlisted in the Regular Army on 5 June 2003.  He served in Iraq from 
11 January 2004 to 11 January 2005.  

4.  On 3 January 2007, he was honorably discharged by reason of physical disability 
with severance pay.  His DD Form 214 does not show he was awarded or authorized 
the Bronze Star Medal.  

5.  His records are void of a recommendation for or orders awarding him the Bronze 
Star Medal.

BOARD DISCUSSION:

After reviewing the application and all supporting evidence, including the applicant’s 
statement, the Board determined that no relief was warranted.  The Board agreed that 
regulatory guidelines stipulate that approval through the chain of command, and 
announcement in orders are required for award of all personal decorations and formal 
recommendations. The Board found that the record is void of and the applicant provided 
no documentation to indicate that his chain of command approved or that the applicant 
was ever awarded the requested Bronze Star Medal.  Therefore, the Board denied the 
applicant’s request.
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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.

	  
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.


ADMINISTRATIVE NOTE(S):  not applicable.  

REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or injustice.  
This provision of law also allows the ABCMR to excuse an applicant's failure to timely 
file within the three-year statute of limitations if the ABCMR determines it would be in 
the interest of justice to do so.

2.  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.  

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190008907
	
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