Mr. Carl W. S. Chun | Director | |
Mr. Edmund P. Mercanti | Analyst |
Mr. Luther L. Santiful | Chairperson | |
Mr. Curtis L. Greenway | Member | |
Mr. Ronald J. Weaver | Member |
APPLICANT REQUESTS: That he be given a military decoration for “my dedication and desire to perform to the fullest of my abilities as a Cavalry Soldier.”
APPLICANT STATES: His Enlisted Evaluation Reports and Enlisted Efficiency Reports (EER’s) clearly show his attitude and desire to excel in everything he did. One EER shows that he single handedly ran the troop tactical operations center and provided the crucial liaison between the commander and the platoons. He also points out that he was rated as being amongst the very best and his evaluators stated that they would promote him. His rater also commented that the applicant should be highly recommended for his efforts. The applicant concludes that he realizes that while there is a degree of expectation of everyone in uniform, some deserving soldiers do not receive awards because time isn’t found to recommend them.
In support of his request he submits three extremely laudatory EER’s.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 24 August 1973, was awarded the military occupational specialty of field communication specialist, and was promoted to pay grade E-4.
He was assigned to a cavalry troop in Germany on 11 April 1975, where he was assigned to the position of senior field radio mechanic, which was authorized a sergeant, pay grade E-5.
On 16 August 1976, the applicant was honorably released from active duty. He had served 2 years, 11 months and 23 days on active duty, and had been awarded the National Defense Service Medal and the Good Conduct Medal.
Army Regulation 600-8-22 provides that with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years. There are regulatory provisions for lost recommendations but not for late recommendations, reconsideration, nor for upgrading to a more prestigious award.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
1. As acknowledged by the applicant, a soldier must be recommended for an award.
2. While the applicant’s EER’s show that he performed his duties to a high degree of proficiency and professionalism, he was not recommended for any award.
3. While the applicant may theorize that the sole reason for him not being recommended for an award was that his superiors didn’t have the time to write such a recommendation, this is speculative at best.
4. A commander is in the best position to evaluate whether a soldier is worthy of an award, since the commander has an overview of the performance and accomplishments of everyone in his or her command. For example, did certain junior enlisted members receive awards because they worked 14 days in a row, with little to no sleep? Did that effort result in the accomplishment of a task which was thought to be impossible to accomplish? As a result of that task being accomplished, was the squadron able to function at a higher level of efficiency than ever before recorded? Because of the comparative nature of awards, it would be inappropriate for the Board to impose its authority over that of the commander on the ground during the time in question.
5. 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
___lls ___ ____rjw__ ____clg__ DENY APPLICATION
CASE ID | AR2003084692 |
SUFFIX | |
RECON | YYYYMMDD |
DATE BOARDED | 20030805 |
TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
DATE OF DISCHARGE | YYYYMMDD |
DISCHARGE AUTHORITY | AR . . . . . |
DISCHARGE REASON | |
BOARD DECISION | DENY |
REVIEW AUTHORITY | |
ISSUES 1. | 107.00 |
2. | |
3. | |
4. | |
5. | |
6. |
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