ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 05 February 2019 DOCKET NUMBER: AR20170009018 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the: * Soldier’s Medal * Army Commendation Medal * Army Achievement Medal * Humanitarian Service Medal * Army Superior Unit Award * Expert Infantryman Badge APPLICANT'S SUPPORTING DOCUMENT CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record). FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. Permanent Orders Number 232-5, published by Headquarters, Parachute Infantry Regiment, 82d Airborne Division, on 24 August 1997 awarded him the Army Commendation Medal. This portion of the applicant's request will result in an administrative correction and not considered by the Board. The Board will consider the remaining awards in his request. 3. The applicant enlisted in the Regular Army on 30 June 1994. He served in military occupational specialty 11C (Indirect Fire Infantryman). 4. The applicant was honorably released from active duty on 26 October 1997. He completed 3 years, 3 months and 27 days net active service with no foreign service. The DD Form 214 he was issued shows he was awarded the: * Army Lapel Button * Joint Meritorious Unit Award * National Defense Service Medal * Army Service Ribbon * Parachutist Badge 5. There are no orders in the applicant's personnel record awarding him the Soldier’s Medal, Army Achievement Medal, Humanitarian Service Medal, Army Superior Unit Award and Expert Infantryman Badge. BOARD DISCUSSION: After reviewing the application and all supporting evidence, the Board determined that no other relief, other than the administrative correction outlined below was warranted. The Board determined that no documentation was provided or found within the record showing the applicant was ever awarded the requested medals. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Regarding the portion of the applicant’s request that the Board voted on (all requested awards minus the ARCOM), the Board determined that 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. Prior to closing the case, however, the Board noted the administrative correction reflected below awarding the applicant the Army Commendation Medal based upon the permanent order awarding him such award which was located within his Official Military Personnel File and which currently is not reflected on his DD214. The Board recommends amending the applicant’s DD214 by adding the Army Commendation Medal. SIGNATURE: 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. ADMINISTRATIVE NOTE(S): Permanent Orders Number 232-5, published by Headquarters, Parachute Infantry Regiment, 82d Airborne Division, on 24 August 1997 awarded him the Army Commendation Medal. Correct his DD Form 214 to add this award. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) states: a. 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. b. The Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. c. The Expert Infantryman Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size. To be eligible for testing and award of the Expert Infantryman Badge, a Soldier must be in an active Army status and must have an infantry or special forces specialty. Commanders of U.S. Army training centers have the authority to test and award the badge. d. The Army Superior Unit Award was created in 1985 to recognize outstanding meritorious performance by a unit in completing a difficult and challenging mission under extraordinary circumstances during peacetime. The criteria for award also requires that the unit display such outstanding devotion and superior performance so as to set it apart from and above other units with similar missions, defines “peacetime” as any period where wartime awards were not authorized in the geographic area in which the mission was executed, precludes award for purely humanitarian operations, and precludes award if the act has already been recognized by another unit award. e. The Humanitarian Service Medal is awarded to members who, after 1 April 1975, distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature. A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation. ABCMR Record of Proceedings (cont) AR20170009018 2 1