IN THE CASE OF:	  

		BOARD DATE:	  22 February 2012

		DOCKET NUMBER:  AR20110016529 


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 the Army Commendation Medal (ARCOM), Army Good Conduct Medal, and Soldier’s Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states:

* He was awarded the ARCOM and Army Good Conduct Medal two days before he was discharged
* He was informed he was going to receive the Soldier’s Medal
* The paperwork for the Soldier’s Medal was started on 20 July 1971
* He was told it would catch up with him at a later date

3.  The applicant provides:

* Orders and citation for the ARCOM
* Statement, dated 20 July 1971

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 July 1968 for a period of 
3 years.  He completed his training and was awarded military occupational specialty 97B (counterintelligence agent).  On 28 July 1971, he was honorably released from active duty in the rank of sergeant after completing 3 years of creditable active service with no time lost.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Pistol Bar  

4.  In support of his claim for the Soldier’s Medal, he provided a statement, dated 20 July 1971, from an apartment manager in Texas.  This statement describes the applicant’s bravery on 18 July 1969 when he rescued a baby from a burning apartment.

5.  Orders, dated 26 July 1971, show he received the ARCOM.

6.  There are no orders for the Army Good Conduct Medal or Soldier’s Medal in the available records.

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

8.  His records contain a Federal Bureau Investigation report which shows he was arrested for aggravated battery on 23 March 1971.  However, there is no evidence of any disposition, such as a conviction.  

9.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Soldier’s Medal pertaining to the applicant.
10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

11.  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.  

DISCUSSION AND CONCLUSIONS:

1.  Orders show he received the ARCOM.  His DD Form 214 should be corrected to show this medal. 

2.  The applicant was released from active duty in the rank of sergeant with 
3 years of creditable active service with no lost time.  His records also show he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary action or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal based on completion of three years during the period 29 July 1968 through 28 July 1971.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

3.  There are no orders for the Soldier’s Medal in the available record.  In the absence of orders for the Soldier’s Medal, the statement provided by the applicant alone is not sufficient as a basis for award of this medal.  Therefore, there is insufficient evidence on which to base award of this medal.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the first award of the Army Good Conduct Medal for the period 29 July 1968 through 28 July 1971; and

	b.  adding the Army Good Conduct Medal (1st Award) and ARCOM to item 
24 of his DD Form 214. 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of 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)                                         AR20110016529





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ABCMR Record of Proceedings (cont)                                         AR20110016529



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