IN THE CASE OF:
BOARD DATE: 3 February 2011
DOCKET NUMBER: AR20100019475
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 (Report of Transfer or Discharge) to show award of the Soldier's Medal.
2. The applicant states he recently received the Soldier's Medal for heroism that he was told he received while in the military.
3. The applicant provides an award certificate, dated 2 February 1970, and a citation for the Soldier's Medal for heroism on 30 March 1969.
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 enlisted in the Regular Army on 21 July 1966 for a period of
3 years. He served as an armor crewman in Korea from 13 January 1967 through 12 August 1968. Upon his completion of his tour in Korea, he was reassigned to Co A, 1st Battalion, 81st Armor, 1st Armored Division, Fort Hood, TX. He was subsequently honorably released from active duty on 18 July 1969 at the expiration of his term of service. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Soldier's Medal as an authorized award.
4. There are no orders for the Soldier's Medal in the available records; however, an AGPZ Form 738 (Record of Army Decorations Board Action), dated
15 January 1970, shows a recommendation for award of the Soldier's Medal to the applicant for heroism on 30 March 1969 was approved. A letter from the Adjutant General to the commander of the applicant's unit at Fort Hood, dated
9 February 1970, states:
* the recommendation for award of the Soldier's Medal to the applicant was approved
* Commanding Officer, U.S. Army Support Center, Philadelphia was directed to forward an engraved medal to his headquarters for presentation
* official citation and certificate pertinent to the award are enclosed
* announcement of the award will appear in Department of the Army General Orders
5. 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 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.
6. Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. The AGPZ Form 738, dated 15 January 1970, which shows the Army Decorations Board approved a recommendation for award of the Soldier's Medal to the applicant for heroism on 30 March 1969, and the award certificate and citation for the Soldier's Medal provided by the applicant, are accepted as sufficient evidence to show the applicant was awarded the Soldier's Medal. Therefore, his DD Form 214 should be corrected to show this award.
2. The applicant served a qualifying period of service in Korea for the Korea Defense Service Medal. Therefore, he is entitled to correction of his DD Form 214 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 24 of his DD Form 214 the Soldier's Medal and the Korea Defense Service 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) AR20100019475
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ABCMR Record of Proceedings (cont) AR20100019475
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