IN THE CASE OF:
BOARD DATE: 2 September 2010
DOCKET NUMBER: AR20100008415
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his award of the Soldier's Medal.
2. The applicant states his award of the Soldier's Medal was left off of his
DD Form 214.
3. The applicant provides copies of the citation for his award of the Soldier's Medal and his DD Form 214.
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 military personnel records show he enlisted in the Regular Army on 8 March 1954 for a period of 3 years. He completed basic combat and advanced individual training and he was awarded military occupational specialty 911.17 (Medical Aid Man).
3. Department of the Army General Orders (DAGO) Number. 23, dated 29 April 1957, awarded the applicant the Soldier's Medal for heroism at Rock Drop Zone, Munich, Germany on 5 June 1956.
4. On 25 February 1957, the applicant was released from active duty. He had completed 2 years, 11 months, and 18 days of active service that was characterized as honorable. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 does not show his award of the Soldier's Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the Soldier's Medal should be added to his
DD Form 214.
2. DAGO 23 awarded the applicant Soldier's Medal for heroic actions on 5 June 1956. Therefore, his DD Form 214 should be corrected to show this award.
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 26 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) AR20100008415
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ABCMR Record of Proceedings (cont) AR20100008415
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