IN THE CASE OF:	  

		BOARD DATE:	        04 NOVEMBER 2008

		DOCKET NUMBER:  AR20080005313 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his award of the Joint Service Commendation Medal (JSCM) be upgraded to a Bronze Star Medal (BSM) and his award of the Army Commendation Medal (ARCOM) be upgraded to a Meritorious Service Medal (MSM).

2.  The applicant states, in effect, that there was inaccurate information on the original recommendations that led to their being downgraded. 

3.  The applicant provides the original recommendations for awards of the BSM and MSM (DA Form 638), new proposed and unauthenticated recommendations for awards of the BSM and MSM, a copy of his officer record brief, a copy of his NATO Travel orders, a copy of an unsigned/undated memorandum, and a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. 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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was commissioned as a United States Army Reserve (USAR) second lieutenant on 11 August 1999.  He was ordered to active duty as a signal officer on 7 January 2000.  Upon completion of his initial training he was transferred to Korea for a 1-year tour.  He was promoted to the rank of first lieutenant on 7 July 2001.  He completed his tour in Korea on 15 August 2001 and was transferred to Fort Bragg, North Carolina.

3.  On 13 July 2002, he was deployed to Afghanistan in support of Operation Enduring Freedom with members of the 3d Special Forces Group.

4.  On 3 September 2002, a subordinate officer (second lieutenant) submitted a Recommendation for Award (DA Form 638) recommending the applicant for award of the BSM for meritorious service during the period of 1 July to 1 October 2002.  The company and battalion commanders recommended approval; however, the commanding general (a lieutenant general) downgraded the award to the JSCM for outstanding achievement.

5.  The applicant returned to Fort Bragg, and on 1 June 2003, he was promoted to the rank of captain.

6.  On 5 April 2004, the applicant's supervisor, the battalion executive officer (major) submitted a recommendation to award the applicant the MSM for meritorious service during the period of 20 September 2001 to 30 May 2004 due to the expiration of his term of service (ETS).  The company and battalion commanders recommended approval of the MSM; however, the group commander (colonel) downgraded the award to award of the ARCOM.  He was awarded the ARCOM on 24 May 2004.

7.  On 1 January 2005, the applicant was honorably released from active duty (REFRAD) for miscellaneous/general reasons.  He had served 4 years, 11 months and 25 days of total active service.

8.  The recommendation for award of the BSM submitted by the applicant is dated 7 July 2006 and is addressed to the Human Resources Command - Alexandria (HRC-ALEX) from the applicant.  The form is unauthenticated and is essentially a self-initiated/authored recommendation for award of the BSM for meritorious service during the period of 13 July 2002 to 4 December 2002, while serving as a tactical signal platoon leader in Afghanistan in support of Operation Enduring Freedom.  There is no indication that he ever submitted the recommendation to the HRC-ALEX.
9.  The recommendation for award of the MSM submitted by the applicant is dated 15 February 2008 and is addressed to the HRC-ALEX from the applicant.  The form is unauthenticated and is essentially a self-initiated/authored recommendation for award of the MSM for meritorious service during the period of 20 September 2001 to 1 January 2005 while serving as a signal platoon leader in Afghanistan, company executive officer, S-3 Air, and battalion signal center director.  There is no indication that he ever submitted the recommendation to the HRC-ALEX.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As 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.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Meritorious Service Medal is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service in a noncombat area.  As 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, or for upgrading to a more prestigious award.  The regulation also provides that there is no automatic entitlement to an award upon departure either from an assignment or from the service.

12.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

13.  The Joint Service Commendation Medal was authorized by the Secretary of 
Defense on 25 June 1963.  It is awarded in the name of the Secretary of Defense to members of the Armed Forces of the United States who, while assigned to a joint activity after 1 January 1963, distinguished themselves by meritorious achievement or service.

14.  Army Regulation 600-8-22 prescribes the Army policy, criteria, and administrative instructions concerning military awards.  It provides, in pertinent part, that each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored.  Only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.  The award of a decoration in recognition of a single act of heroism or meritorious achievement does not preclude an award for meritorious service at the termination of an assignment.  The decision to award an individual a decoration and the decision as to which award is appropriate are both subjective decisions made by the commander having award approval authority.

15.  Army Regulation 600-8-22 also states it is the responsibility of any individual having personal knowledge of an act, achievement, or service believed to warrant the award of a decoration to submit a formal recommendation into military command channels for consideration within 2 years of the act, achievement, or service to be honored.  The Army does not condone self-recognition; therefore, a Soldier may not recommend himself/herself for award of a decoration.

16.  Section 1130, Title 10, U.S. Code, provides that the Service concerned will review a proposal for the award of, or upgrading of, a decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law.  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 comrades who had personal knowledge of the circumstances and events relative to the request.  A request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rests with the requester.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should have been awarded the BSM and MSM instead of the JSCM and the ARCOM has been noted and found to lack merit.  While the applicant has gone to great lengths to re-write the recommendations for awards, it is inappropriate for an individual Soldier to make a recommendation of self-recognition for any awards.

2.  The downgrade of the applicant's awards rested solely with the awards approval authority at the time and the applicant has failed to show that his award was downgraded by an inappropriate authority or that the commander was not within his authority to do so.

3.  While the applicant may believe that he was deserving of a higher award, it would be inappropriate for the Board to second guess the commander on the ground at the time, as long as 6 years ago, without sufficient evidence to show that an error or injustice has occurred in his case.

4.  However, the actions by this Board do not preclude the applicant from exhausting his administrative remedies through a Member of Congress under Section 1130, Title 10, U.S. Code.

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

BOARD VOTE:

________  ________  ________  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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      __________XXX____________
                 CHAIRPERSON

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.


ABCMR Record of Proceedings (cont)                                         AR20080005313





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ABCMR Record of Proceedings (cont)                                         AR20080005313



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