IN THE CASE OF: BOARD DATE: 22 November 2021 DOCKET NUMBER: AR20210011224 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * his rank/grade as specialist (SPC)/E-4; and * award of the Soldier's Medal APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Permanent Order Number 148-1 * an undated letter FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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. The applicant states, in effect, he feels he is entitled to the Soldier's Medal. His command wanted the award, however, his battalion commander felt he didn't earn the award. The applicant claims to have permanent scars and nerve damage to his face and arm. 3. The applicant enlisted in the Regular Army on 13 July 2007. 4. Permanent Orders 039-2 issued by the U.S. Army Signal Center and Fort Gordon on 8 February 2010, awarded him the Army Good Conduct Medal (1st Award). His rank is listed as SPC. There are no documents in his Official Military Personnel File after 8 February 2010, which identify his rank as SPC. 5. The applicant's record does not include any evidence pertaining to the circumstances surrounding any reduction in rank or grade. 6. He served in Afghanistan from 4 December 2010 to 15 November 2011. 7. The applicant's record does not contain a separation packet, as such, the circumstances surrounding his discharge are unknown. 8. His discharge orders, Orders 125-003, dated 4 May 2012, lists his rank as private first class. 9. The DD Form 214 he was issued shows, on 20 May 2012. he was discharged for a pattern of misconduct and he receive an under honorable conditions (general) character of service. This form also contains the following entries: * Item 4a (Grade, Rate or Rank) and 4b (Pay Grade) "PV1/E01" * Item 12i (Effective Date of Pay Grade) "2011 10 15" * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) * Army Achievement Medal (3rd Award) * North Atlantic Treaty Organization Medal * Army Good Conduct Medal * National Defense Service Medal * Afghanistan Campaign Medal with 2 campaign stars * Global War on Terrorism Service Medal * Army Service Ribbon * Overseas Service Ribbon 10. The applicant provides: a. An undated letter from the spouse of Soldier who believes the applicant is a hero for racing to her son's defense while risking his own life. The letter states, in effect, the applicant extricated her 9-year old son from the family dog who had attacked her child. The animal was biting him on his arms, legs and neck near the jugular vein. The applicant was bitten on the face and arm. He rode with the child in the ambulance nurturing him and assuring him that it wasn't his fault. b. Permanent Order Number 148-1, issued by Headquarters, 206th Military Intelligence Battalion, which shows he was awarded an Army Achievement Medal for potentially saving the life of an 8-year old boy while disregarding the danger to his own safety on 3 April 2009. 11. Army Regulation 635-5 (Personnel Separations - Separation Documents), then in effect, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The regulation stipulates that the rank and pay grade held on the date of separation will be entered in items 4a and 4b. 12. Army Regulation 600-8-22 (Military Awards) states the Soldier's Medal is awarded for distinguished heroism not involving actual conflict with the enemy. The minimum degree of heroism required is comparable to award of the Distinguished Flying Cross for heroism. 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, assisted emergency personnel, or acting as a good Samaritan. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions, military record, and regulatory guidance were carefully considered. Based on the documentation available for review, the Board concluded there was insufficient evidence of an error or injustice which would warrant a change to the applicant’s rank held upon discharge. The Board also concluded that in the absence of a recommendation, command approval and orders, there was no basis upon which to grant the award of the Soldier’s Medal. 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: 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. 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. REFERENCES: 1. Title 10, United States 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 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. 2. Army Regulation 635-5, then in effect, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The regulation stipulates that the rank and pay grade held on the date of separation will be entered in items 4a and 4b. 3. 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 minimum degree of heroism required is comparable to award of the Distinguished Flying Cross for heroism. 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, assisted emergency personnel, or acting as a good Samaritan. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion. It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation. Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration. c. 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, ATTN: 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. 4. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210011224 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1