IN THE CASE OF: BOARD DATE: 29 October 2013 DOCKET NUMBER: AR20130005310 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 (Certificate of Release or Discharge from Active Duty) to show the Soldier's Medal. 2. The applicant states he was awarded the Soldier's Medal on 4 September 1993 but his DD Form 214 does not reflect the award. 3. The applicant provides a Soldier's Medal Certificate and citation. 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 served on active duty from 30 May 1973 to 28 May 1976. After a break in service, he again enlisted in the Regular Army, on 29 December 1977. 3. U.S. Total Army Personnel Command, Permanent Order Number 166-11, dated 20 October 1994, awarded him the Soldier's Medal for heroism on 4 September 1993. 4. He was retired on 31 December 1994. The Soldier's Medal is not listed on his DD Form 214. DISCUSSION AND CONCLUSIONS: Permanent orders show he was awarded the Soldier's Medal for actions on 4 September 1993. However, the award was not recorded on his DD Form 214. Therefore, his DD Form 214 should be corrected by adding 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 his DD Form 214 for the period ending 31 December 1994 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) AR20130005310 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130005310 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1