BOARD DATE: 11 July 2018 DOCKET NUMBER: AR20160016460 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING _____x___ ___x_____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 11 July 2018 DOCKET NUMBER: AR20160016460 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _____________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: 11 July 2018 DOCKET NUMBER: AR20160016460 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 award of the: * Army Commendation Medal * Meritorious Service Medal * Soldier's Medal 2. The applicant states his service as a medic for the Army was provided at a critical time in the history of Fort Ord. Meningitis was raging throughout Fort Ord and he was required to care for and transport ill and dying patients. Though he was warned that his duties put him in a vulnerable position for contacting the disease, he felt it unconscionable to not render aid to his fellow Soldiers. Saving lives was his number one priority due to the severity of the meningitis infection and its spread. Fort Ord was subsequently quarantined and then later closed. He feels his actions were in keeping with the high traditions of the U.S. Army. 3. The applicant provides: * letter from a retired major general, dated 11 July 2016 * eyewitness statement, dated 12 September 2016 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 was inducted into the Army of the United States on 7 December 1961. 3. His DA Form 20 (Enlisted Qualification Record) shows: * he was awarded military occupational specialty 760.00 (Supply Clerk) on 16 March 1962 * his principal duty was 767.10 (Medical Supply Specialist) while assigned to Fort Ord from 16 March 1962 to 3 December 1963 4. Section 9 (Medals, Decorations, and Citations) of his DA Form 24 (Service Record) does not show the Army Commendation Medal, Meritorious Service Medal, or Soldier's Medal. 5. On 6 December 1963, he was honorably released from active duty. 6. His DD Form 214 shows he was awarded or authorized the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1). 7. There are no orders for the Army Commendation Medal, Meritorious Service Medal, or Soldier's Medal in the available records. 8. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, failed to reveal Army Commendation Medal, Meritorious Service Medal, or Soldier's Medal orders pertaining to the applicant. 9. His records contain a DD Form 215 (Correction to DD Form 214), dated 11 January 2013, amending his DD Form 214 by adding the Army Good Conduct Medal and National Defense Service Medal. 10. He provided: a. A letter from a retired major general, dated 11 July 2016, stating the applicant should work through his Congressman for award of these medals. If it was up to him, he would have awarded the applicant the Army Commendation Medal and he provided a proposed citation for the medal. He indicated there is a chance that his service at Fort Ord might have warranted the Meritorious Service Medal, but so much time as gone by that it is hard to verify the events in question. b. An eyewitness statement from a medic at the time in question, dated 12 September 2016, stating the applicant was assigned to the hospital emergency room as a medic. A meningitis outbreak spread throughout the base and they were ordered to provide medical attention to dying Soldiers despite the danger of contacting meningitis. Their goal was to save lives and care for the dying. To minimize their risk of infection, they were required to take sulfa dioxine tablets every morning. Though aware of the potential danger of their assignment, they knew it was their duty as medics to carry out their orders. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The Meritorious Service Medal is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service. After 16 January 1969 but prior to 11 September 2001, the Meritorious Service Medal was authorized to be awarded only for meritorious service or achievement while serving in a non-combat area. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. c. 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. 2. Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. 3. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency: Commander, U.S. Army Human Resources Command, Attention: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The applicant's unit must be clearly identified along with the period of assignment and the award being recommended. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor. DISCUSSION: The applicant's contentions and the statements he provided were carefully considered. However, there are no orders for award of the Army Commendation Medal, Meritorious Service Medal, or Soldier's Medal in the applicant's available records. A recommendation by this Board to deny this requested relief will in no way affect his right to pursue his claim for these awards by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160016460 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160016460 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2