IN THE CASE OF:	  

		BOARD DATE:	    27 April 2010

		DOCKET NUMBER:  AR20090018406 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Soldier's Medal.

2.  The applicant states he received the Soldier's Medal in 1993 while stationed in Schweinfurt, Germany with the 5th Battalion, 41st Field Artillery Regiment, 3rd Infantry Division.  During his move back to the United States, he lost the orders announcing this award.  Recently a representative from the Department of Veterans Affairs advised him that he could correct his record to show this award.  

3.  The applicant did not provide any supporting evidence with his application.

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 29 October 1991.  He completed the required training and was awarded military occupational specialty 13C (Tactical Fire Operations Specialist).  On 9 January 1992, the applicant was assigned to Headquarters and Headquarters Battery, 5th Battalion, 41st Field Artillery in U.S. Army Europe, Germany.

3.  The applicant's records maintained in the interactive Personnel Electronic Records Management System (iPERMS) contains a copy of the Soldier's Medal certificate, dated 11 February 1993, showing he was awarded the Soldier's Medal for heroic acts on 25 April 1992.  Additionally, his record contains the narrative supporting document for award of the Soldier's Medal.  This document contains the seal of the Total Army Personnel Command.  This citation states that when the applicant was unable to suppress a fire in the boiler room of his home with a fire extinguisher, he evacuated his family.  Endangering himself, he reentered the home to rescue the property owner's children, sustaining smoke inhalation injuries requiring hospitalization.  There are no award orders in his electronic file or within his Military Personnel Records Jacket. 

4.  On 20 November 1997, the applicant was honorably discharged from the Regular Army by reason of completion of required active service.  He received a DD Form 214 that confirms he served on active duty for 6 years and 22 days and attained the rank/grade of staff sergeant (SSG)/E-6. 

5.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following awards

* Army Lapel Button
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Noncommissioned Officer's Professional Development Ribbon with (Numeral 2) 
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Driver and Mechanic Badge with Driver-W Bar

6.  Item 9 (Awards, Decorations & Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows the following awards

* Army Service Ribbon
* Army Service Ribbon
* National Defense Service Medal
* Soldier's Medal
* Noncommissioned Officer's Professional Development Ribbon 
* Overseas Service Ribbon
* Army Achievement Medal (2nd Award)
* Driver's Badge
* Army Good Conduct Medal

7.  In the preparation of these Proceeding, a staff member of the Board contacted the Awards and Decorations Branch at the U.S. Army Human Resources Command, Alexandria, VA.  The analyst from the Awards and Decorations Branch states internal archived records for calendar year 1993 are not available for review.  In her opinion, the applicant is entitled to award of the Soldier's Medal based on official documents filed in his iPERMS and the fact that these documents contain the official seal of the Total Army Personnel Command.

8.  Army Regulation 600-8-22 (Military Awards) states 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.  Award of the Soldier's Medal will not be made solely based on having saved a life.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  Source documents used in the preparation of the DD Form 214 include the Personnel Qualification Record, or its equivalent; the Enlisted Record Brief, or its equivalent; and any other document authorized for filing in the OMPF. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military service record should be corrected to show award of the Soldier's Medal.

2.  There is sufficient evidence recorded in the applicant's OMPF to show he was awarded the Soldier's Medal.  Additionally, the document contains an official seal of the Total Army Personnel Command further validating the validity of these award documents.

3.  Based on the evidence of record and the official government agency seal, it would be appropriate to correct the applicant's record to show award of the Soldier's Medal.

BOARD VOTE:

__X____  __X_____  __X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 13 of his DD Form 214 the Soldier's Medal.



      _______ _   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)                                         AR20090018406



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ABCMR Record of Proceedings (cont)                                         AR20090018406



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