IN THE CASE OF: BOARD DATE: 31 October 2017 DOCKET NUMBER: AR20160004618 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 IN THE CASE OF: BOARD DATE: 31 October 2017 DOCKET NUMBER: AR20160004618 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. ___________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. IN THE CASE OF: BOARD DATE: 31 October 2017 DOCKET NUMBER: AR20160004618 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the Soldier's Medal. 2. The applicant states he received a "Soldier’s Medal of Honor" after his discharge; therefore, the award was not entered on his DD Form 214. 3. The applicant provides a copy of his DD Form 214. 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. On 14 July 1965, the applicant enlisted in the Regular Army. 3. An AGPZ Form 738 (Record of Army Decorations Board Action), dated 8 July 1968, shows the Army Decorations Board, by Order of the Secretary of the Army, approved award of the Soldier’s Medal to the applicant. 4. On 12 July 1968, the applicant was honorably released from active duty. His DD Form 214 shows he completed 2 years, 11 months, and 29 days of creditable military service. Item 24 (Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) does not list the Soldier's Medal. 5. The evidence of record shows the applicant received a Soldier’s Medal Citation and a letter presenting him the award for heroism on 17 July 1968. 6. General Orders (GO) Number 50, issued by Headquarters, Department of the Army, Washington, D.C., dated 26 September 1968, shows the applicant was awarded the Soldier’s Medal for his actions on 10 April 1968, for heroism not involving actual conflict with an enemy. DISCUSSION: Department of the Army GO awarded the applicant the Soldier's Medal for his heroism on 10 April 1968. The award is not listed on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004618 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004618 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2