IN THE CASE OF:	  

		BOARD DATE:	  12 May 2015

		DOCKET NUMBER:  AR20140016712 


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 to show award of the Soldier’s Medal. 

2.  The applicant states he was awarded the Soldier’s Medal for heroism after his separation and it was not added to his DD Form 214.   

3.  The applicant provides Department of the Army General Orders (DAGO) Number 73, dated 31 December 1987, and the resulting certificate.

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's records show he enlisted in the Regular Army on 12 August 1982 and he held military occupational specialty 95B (Military Police).  He served in Germany from 4 February 1984 to on or about 5 January 1987. 

3.  He was honorably released from active duty on 11 February 1987.  His 
DD Form 214 shows he was awarded or authorized the:

* Army Service Ribbon
* Army Achievement Medal (1st Oak Leaf Cluster)
* Good Conduct Medal
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber)
* Expert Marksmanship Qualification Badge with Pistol Bar (.38 caliber)

4.  DAGO Number 73, dated 31 December 1987, awarded him the Soldier’s Medal for heroism on 21 December 1986 while assigned to the 272nd Military Police Company in Germany.  

DISCUSSION AND CONCLUSIONS:

DAGO awarded the applicant the Soldier’s Medal for heroism on 21 December 1986.  This award is not listed on his DD Form 214.  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 the Soldier’s Medal to his DD Form 214. 



      _______ _   __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)                                         AR20140016712



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ABCMR Record of Proceedings (cont)                                         AR20140016712



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