RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 JUNE 2005
      DOCKET NUMBER:  AR20040009198


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. Melvin Meyer                  |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Ms. Carol Kornoff                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his Army Commendation Medal be
upgraded to a Bronze Star Medal.

2.  The applicant states, in effect, that he was told by his captain that
he would receive an Army Commendation Medal for service in Iraq because he
was a staff sergeant.  He states that all of the individuals who were
serving in pay grade E-7 and E-8, and all captains were awarded Bronze Star
Medals, but because he was not promoted to pay grade E-7 until May 2003, in
spite of the fact that he served in an E-7 and E-8 position while in Iraq,
he received an Army Commendation Medal.  He states that he deserved to be
awarded the Bronze Star Medal for the work he did.  He outlines the duties
he performed while in Iraq and believes that an injustice occurred.

3.  He states, in effect, that he performed the same duties as a captain
who was awarded the Bronze Star Medal.

4.  He notes that he attempted to get some answers from members of the
organization he was assigned to during the period in question but no one
would talk to him.

5.  The applicant provides copies of two performance evaluation reports, a
copy of his Army Commendation Medal, a listing of unit members who were
apparently recommended for award of the Army Commendation Medal, and a copy
of correspondence from his congressional representative which included a
response from the Army’s Military Awards Branch concerning his inquiry to
that agency regarding receipt of the Bronze Star Medal.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate that the applicant enlisted in
the Regular Army in May 1994 after serving with the United States Marine
Corps and several years on active duty with the United States Air Force.
He executed an indefinite reenlistment contract in October 1998 and is
currently serving on active duty.  He was promoted to pay grade E-7 on 1
May 2003.

2.  In September 2003, while assigned to an element of the 101st Airborne
Division, he was awarded an Army Commendation Medal for “exemplary service”
during combat operations in Iraq between 19 March 2003 and 1 September
2003.

3.  His performance evaluation report for the period December 2002 through
June 2003 indicated that he was a successful Soldier who received one
excellent rating in the area of physical fitness.  His senior rater
indicated that he should be promoted with his peers and that he “performed
well in arduous ground combat operations during Operation Iraqi Freedom.”
The evaluation report ending in December 2003 was an improvement over the
previous evaluation and indicated that he was among the best in overall
potential for promotion.

4.  The document provided by the applicant to support his contention that
Soldiers in pay grade E-7 and E8 were awarded the Bronze Star Medal is made
up of a listing of Soldiers which was apparently attached to a 12 May 2003
memorandum from the applicant’s battalion commander noting “the attached
sheet is a list of Soldiers that I am recommending for the Army
Commendation Medal for Operation Iraqi Freedom.”  The listing contains the
names of Soldiers in pay grade E-6 and below, at least two lieutenants, and
one captain.

5.  In response to the applicant’s congressional inquiry an official from
the command which awarded him the Army Commendation Medal indicated that
the captain referred to in his correspondence “routinely risked his
personal safety to move supplies forward to the firing batteries of the
battalion” and as such an award of the Bronze Star Medal recognized his
“meritorious service under combat conditions”.  They also noted that only
38 Bronze Star Medals were awarded in the applicant’s battalion and that
“several [were] awarded to Soldiers at the rank of sergeant and sergeant
first class.”

6.  Army Regulation 600-8-22 states that no individual is entitled to an
award and the decision as to which award is appropriate are both subjective
decisions made by the commander having award approval authority.  It notes
that an award should reflect both the individual’s level of responsibility
and his or her manner of performance.  Award for meritorious achievement or
service will not be based upon the grade of the intended recipient.  It
states that the Bronze Star Medal may be awarded to recognize single acts
of merit or meritorious service of a lesser degree than that required for
the award of the Legion of Merit. The performance must nonetheless have
been meritorious and accomplished with distinction.  Performance of duties
normal to the grade, branch, specialty, or assignment, and experience of an
individual is not an adequate basis for the award.





DISCUSSION AND CONCLUSIONS:

1.  The applicant was recommended for and awarded an Army Commendation
Medal.  It was submitted through appropriate command channels and processed
to conclusion by the appropriate awards approval authority with no evidence
of error or injustice.

2.  The decision to award the applicant an Army Commendation Medal and not
a Bronze Star Medal was well within the authority of the award’s approval
authority. The fact that the applicant believes that he should have
received a Bronze Star Medal is not a basis for awarding the applicant that
decoration, nor does it serve as justification to upgrade his Army
Commendation Medal.

3.  The applicant’s performance evaluation report for the period ending in
June 2003 appears to support the command’s decision to award him an Army
Commendation Medal.  The evaluation noted that he performed his duties
“well.”

4.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MM__  ___EL___  __CK ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.



                                  ______Melvin Meyer_______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040009198                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050609                                |
|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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