IN THE CASE OF:	  

		BOARD DATE:	       14 August 2008

		DOCKET NUMBER:  AR20080008462 


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 records be corrected by awarding him the Soldier's Medal.

2.  The applicant states, in effect, that he was on a charter airplane that crashed on 17 November 1955.  Following the crash, despite personally suffering severe burns, he helped a fellow Soldier who was also injured to safety.  He was told on several occasions that he had been recommended for the Soldier's Medal for his actions.

3.  The applicant provides copies of a HistoryLink.org informational sheet and a Chicago Daily News newspaper article about the accident.

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’s military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records ate the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The available records consist of his DD Form 214 (Report of Transfer or Discharge) and a set of 24 February 1956 orders transferring him from a medical holding company to a replacement unit.

4.  The DD Form 214 shows that the applicant entered active duty on 5 August 1953; served 1 year and 5 months in Korea; and was honorably released from active duty on 1 October 1956.  His awards are listed as the National Defense Service Medal, the Korean Service Medal, and the United Nations Service Medal.

5.  The articles provided by the applicant show that on 17 November 1955, a plane chartered to transport a number of Soldiers crashed, killing the pilot and 26 of the 66 servicemembers.  The applicant was interviewed for the newspaper article.  He described his recollection of the incident and his reactions to the crash.  He stated in the article that, when a fellow Soldier fell down in front of him, he grabbed him and continued moving away from the burning plane. 

6.  Army Regulation 15–185 prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR).  Paragraph 2-2c states that the ABCMR will decide cases on the evidence of record.  It is not an investigative body.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Soldier's Medal is awarded for distinguished heroism not involving actual conflict with the enemy.  The same degree of heroism is required as for award of the Distinguished Flying Cross.  The performance must have involved personal hazard or danger and the voluntary risk of life under conditions not involving conflict with an armed enemy.  Awards of the Soldier's Medal will not be made solely on the basis of having saved a life.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  There are regulatory provisions for lost recommendations but not for late recommendations or reconsideration.

8.  Title 10 of the United States Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

DISCUSSION AND CONCLUSIONS:

1.  The available record contains no documentation to support the applicant's contention that he was recommended for award of the Soldier's Medal.  Therefore, he is not entitled to award of this award.  

2.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

3.  While the available evidence is insufficient for awarding the applicant a Soldier’s Medal, this in no way affects the applicant’s right to pursue his claim for the Soldier’s Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

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)                                         AR20080008462



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ABCMR Record of Proceedings (cont)                                         AR20080008462



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