IN THE CASE OF:
BOARD DATE: 9 April 2010
DOCKET NUMBER: AR20090015765
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 add the Soldier's Medal, Southwest Asia Service Medal, and the Army Achievement Medal.
2. The applicant states, in effect, that due to his 20 years of service in the United States Army, he may be eligible for receipt of the awards listed in paragraph one.
3. The applicant provides a self-authored letter listing his units of assignment and individual awards.
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 applicants 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 applicants 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 record shows that he was inducted and entered active duty on 10 October 1960. His DA Form 20 (Enlisted Qualification Record) and DA Form 2-1 (Personnel Qualification Record) show that he was trained in and held the following military occupational specialties (MOSs):
* 76Y (Unit Supply Specialist)
* 31V (Tactical Communications Systems Operator/Mechanic)
* 76K (General Support Specialist)
* 13A (Field Artillery Crewman)
3. The applicant's DD Form 214 shows in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) for the period ending 28 February 1981 the following:
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Presidential Unit Citation (Korea)
* Korean Service Medal
* Army Commendation Medal
* Good Conduct Medal (6th Award)
4. The applicant's record is void of any orders awarding him the Soldier's Medal. There is no evidence of any distinguishing acts of heroism in the available records.
5. There is no evidence to in the available records which shows the applicant's participation in Operations Desert Shield/Desert Storm.
6. The applicant's DD Form 214 shows in item 12 (Record of Service) that he separated on 28 February 1981. Item 23 (Type of Separation) indicates retirement.
7. Army Regulation 600-8-22 (Military Awards) provides that the Soldier's Medal is awarded for distinguished heroism not involving actual conflict with the enemy. 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. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.
8. Army Regulation 600-8-22 provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990.
9. Army Regulation 600-8-22 provides that the Army Achievement Medal was established on 10 April 1981 and is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.
DISCUSSION AND CONCLUSIONS:
1. The applicant's requests were carefully considered. There is no evidence in the available records and the applicant has not provided sufficient evidence which shows he was awarded the Soldier's Medal.
2. The available evidence shows the applicant retired on 28 February 1981, before the establishment of the Army Achievement Medal and before Operations Desert Shield/Storm, for which the Southwest Asia Service Medal was awarded.
3. Absent of such evidence, there is no basis to grant the awards requested.
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) AR20090015765
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090015765
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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