IN THE CASE OF:
BOARD DATE: 7 June 2012
DOCKET NUMBER: AR20110024045
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 the Soldier's Medal.
2. The applicant states he earned the award for heroism and he would like it recorded on his DD Form 214.
3. The applicant provides:
* Honorable Discharge Certificate
* Certificate of Appreciation
* Citation for award of the Soldier's Medal
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 1 November 1968 and held military occupational specialty 62J (General Construction Machine Operator).
3. Special Orders (SOs) Number 351, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Lewis, WA, on 17 December 1968, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar.
4. He served in Thailand from 21 September 1969 to 23 March 1971. He was assigned to Company C, 809th Engineer Battalion.
5. He was honorably released from active duty in the rank/grade of private/E-1 on 29 October 1971. His DD Form 214 shows the:
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
6. His service record does not contain official orders awarding him the Soldier's Medal; however, it contains a letter and a citation as follows:
a. A letter, dated 26 January 1972, from the Adjutant General informing him that he had been awarded the Soldier's Medal and that the Commanding General, Sixth U.S. Army, Presidio of San Francisco, CA, had been requested to arrange a presentation.
b. An accompanying citation that shows while serving at Fort Ord, CA, the applicant distinguished himself on 24 June 1971 when he witnessed an automobile accident and ran to the scene, kicked the window, and dragged the driver and passenger out of the car that burned in flames. He himself was later treated for second degree burns.
7. 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. SOs awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.
2. Although his record does not contain official orders awarding him the Soldier's Medal the notification letter from the Adjutant General together with the citation are accepted as sufficient evidence to show he was awarded this medal and he is entitled to have it listed on his DD Form 214.
BOARD VOTE:
__X_____ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 his DD Form 214 the Soldier's Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar.
_______ _ 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) AR20110024045
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ABCMR Record of Proceedings (cont) AR20110024045
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