BOARD DATE: 20 October 2016 DOCKET NUMBER: AR20150014647 BOARD VOTE: ___x______ ____x___ __x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 20 October 2016 DOCKET NUMBER: AR20150014647 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 the Soldier's Medal to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 22 December 1999. ____________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. BOARD DATE: 20 October 2016 DOCKET NUMBER: AR20150014647 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) for the period ending 22 December 1999 to add the Soldier's Medal. 2. The applicant states he just received a copy of a document for the Soldier's Medal from his ex-wife. They divorced in 2000 and he was not in contact with her. His ex-wife passed the document to a friend who then gave it to him. He separated from the Army and the award did not catch up with him. The expiration of his term of service was 10 days prior to the award being signed. 3. The applicant provides a DA Form 638 (Recommendation for Award) (front page), certificate and citation for the Soldier's Medal, and Permanent Order Number 066-05. 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 16 November 1982. He was honorably released from active duty on 15 November 1985 and transferred to the U.S. Army Reserve Control Group (Reinforcement). 3. Orders Number D-11-086961, issued by the U.S. Army Reserve Personnel Center, St, Louis, MO on 9 November 1988 honorably discharged him from the U.S. Army Reserve Control Group (Reinforcement), effective 15 November 1988. 4. He enlisted in the Regular Army on 5 December 1988 and continued to serve on active duty through a series of reenlistments. 4. He provided Permanent Order Number 066-05 published by U.S. Total Army Personnel Command, Alexandria, VA, awarding him the Soldier's Medal for service on 14 January 1996. 5. The Army honorably discharged him from active duty on 22 December 1999. His DD Form 214 for this period does not list the Soldier's Medal. REFERENCES: Army Regulation 600-8-22 (Military Awards) states the Soldier's Medal is awarded for distinguished heroism not involving actual conflict with the enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. DISCUSSION: Permanent orders awarded the applicant the Soldier's Medal for heroism on 14 January 1996. Although the orders were published subsequent to his period of active duty, the event leading to the award occurred during the period covered by his DD Form 214 for the period ending 22 December 1999. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014647 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014647 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2