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ARMY | BCMR | CY1997 | 9710585
Original file (9710585.rtf) Auto-classification: Denied
APPLICANT REQUESTS: That his Army Commendation Medal (ARCOM) be upgraded to the Distinguished Service Medal (DSM).
APPLICANT STATES : That he was awarded the ARCOM for service as the Commander, US Army Petroleum Distribution Command, Europe, from 1956 to 1960. In 1960 he negotiated a petroleum, oil and lubricants (POL) property transfer agreement with the German government on behalf of the United States that ultimately resulted in a substantial monetary savings for the Army. Since the impact of the agreement he negotiated was not realized until 1967 his superiors could not have appreciated the importance of his actions. Accordingly, the ARCOM he received at the time should now be upgrade to the DSM.

 EVIDENCE OF RECORD : The applicant's military records show:

He graduated from the United States Military Academy and entered the Regular Army on 14 June 1938. He remained on active duty for 26 years, 6 months and 17 days retiring on 31 December 1964 in the grade of colonel.

His awards include the Legion of Merit, the Bronze Star Medal, the ARCOM, the American Defense Service Medal, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal, the World War II Victory Medal, the Army of Occupation Medal (Germany), the National Defense Service Medal, the Honorable Service Lapel Button for World War II, the National Military Establishment Identification Badge, the French Croix De Guerre with palm, the French Order of the Black Star, the Sharpshooter Badge with pistol bar and three Overseas Bars.

In 1960 the Commander, US Army Europe directed the applicant to negotiate a contract to return the Bremerhaven Farge Petroleum Depot to the Federal Republic of Germany (FRG). This depot supplied POL to US and Canadian armed forces in Europe. In negotiating the transfer of the facility, the applicant insisted that a “recapture clause” be included which would give the US Government the right to reclaim the facility when deemed to be in its best interest.

In 1967 US troops were ordered out of France. With the loss of POL facilities in that country, it became necessary to begin using the Farge Depot once again. Reuse of the facility was possible because of the “recapture clause” in the agreement.
At the conclusion of his tour as Commander, US Army Petroleum Distribution Command, Europe, the applicant was awarded the ARCOM for meritorious service for the period 22 August 1956 to 3 June 1960. The record contains no indication that he was recommended for a higher award. He returned to the States and in December 1964 he retired.

In recognition of his service he received the Legion of Merit (LOM) as a retirement award. The award covered his service during the time-frame July 1953 to October 1964. The award citation made specific reference to his skill and achievements while commander of the US Army Petroleum Distribution Command, Europe.

Army Regulation 600-8-22, Military Awards, sets forth Army policy, criteria and administrative instructions concerning military decorations, service medals and service ribbons, combat and special skill badges and tabs.

 DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. Based upon the period covered by the ARCOM he received at the conclusion of his assignment in Europe, the award appears to have taken into account his involvement in the transfer of the Farge Petroleum facility to the FRG. Further, in the absence of evidence to the contrary, it is assumed that the ARCOM was determined by his commander to be the appropriate level of recognition.

2. When the applicant retired in 1964 his retirement award (the LOM) covered his last 11 years of service which included the period of his European assignment. The award made mention of his skills and successes as the Commander of the US Army Petroleum Distribution Command, Europe, so, in effect, it also recognized his performance as the author of the POL transfer agreement.

3. The agreement that the applicant negotiated with the FRG was undeniably a superb achievement and the inclusion of the “recapture clause”, proved to be a most intuitive insight. However, as with any contingency plan, the planner attempts to anticipate future requirements and plan accordingly. This he did exceptionally well and was appropriately recognized for his accomplishments, first with the ARCOM and later with the LOM.

4. It appear unrealistic to this Board to expect that since events 7 years later caused the plan to be implemented the applicant should again be recognized for his planning efforts. It seems that the recognition he has already received gave due consideration to his efforts and there is no basis for upgrading his awards.

5. As a matter of policy, there is no automatic entitlement on the part of any soldier to any Army decoration. A recommendation which has been formally entered into channels, properly processed and correctly acted upon by a commander or other official vested with the legal authority to act in finality is not subject to challenge or reconsideration. In the absence of material evidence of impropriety or administrative error, the Army does not reconsider awards based upon the honest, subjective judgments of its commanders. To do so would render the decisions of past, present and future commanders meaningless.

6. In view of the foregoing, there is no basis for granting the applicant’s request.

 DETERMINATION : The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

 BOARD VOTE :
GRANT

GRANT FORMAL HEARING

 DENY APPLICATION
                                                      Karl F. Schneider
                                                       Acting Director

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