IN THE CASE OF:	  

		BOARD DATE:	        17 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080010937 


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 award of the Army Commendation Medal (ARCOM) with "V" Device.  This request was submitted through his Congressman.

2.  The applicant states, in effect, that a DA Form 638 (Recommendation for Award) was prepared and submitted to the 232nd Combat Support Battalion (CSB) for award of the ARCOM with "V" Device on 8 September 2004.  The 232nd CSB and the 167th Combat Support Group (CSG) failed to process the recommendation for the award.  He contacted the 13th Sustainment Command (formerly called the 13th Corps Support Command) and was informed that his award recommendation never reached their command.  He contends that the recommendation was lost somewhere between the 232nd CSB and 167th CSG. 

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); a copy of page one (1) of his DA Form 638 with proposed narrative summary and witness statement; a copy of an incident report; and copies of correspondence with the Military Awards Branch, Human Resources Command (HRC), Alexandria.

CONSIDERATION OF EVIDENCE:

1.  The applicant is a member of the New York Air National Guard.  He was ordered to active duty in support of Operation Iraqi Freedom from 15 January – 8 December 2004.

2.  The applicant served in Iraq from 21 February – 29 September 2004.  He was assigned to the 1058th Aerospace Expeditionary Force Transport Company (AEF TC), a unit attached to an Army headquarters command.

3.  The applicant provided a copy of page (1) of his DA 638, initiated on
8 September 2004, from the Commander of the 1058th AEF TC, recommending the applicant for award of the ARCOM with "V" Device.  The proposed citation reads as follows:  "For courage under fire and selfless acts of heroism without regard to personal safety, [the applicant] maintained exceptional situational awareness during a complex, well-orchestrated enemy attack.  His actions undoubtedly spared the lives of 13 military personnel and the loss of
6 government vehicles.  [The applicant's] actions reflect great credit upon himself, his unit and the U.S. Army."

4.  The DA Form 638 is also accompanied by a lengthy proposed narrative describing the sequence of events and the applicant's actions while he was conducting a convoy logistical patrol as a track commander of a "Guntruck" on
4 August 2004.  The applicant provided a witness statement describing his actions.

5.  Page two (2) of the DA Form 638 is missing and is presumed lost.  The Serious Incident Report for the 232nd CSB shows that the complex was attacked on 4 August 2004.  It does not include any information about the applicant's actions during the attack.

6.  Through his Congressman, the applicant petitioned the Military Awards Branch, HRC–Alexandria for award of the ARCOM with "V" Device on 24 June 2006.  HRC-Alexandria, in a 5 December 2006 response to the applicant's request indicated that it had contacted the 13th Sustainment Command, for a review of their records and they were unable to locate any award recommendation for the applicant.  Unfortunately, HRC-Alexandria could not process the applicant's request as a lost award without chain-of-command endorsements and supporting documentation.  Additionally, HRC-Alexandria could not verify that the recommendation was submitted into military channels before the end of the 2-year time requirement.  He was advised of his rights to submit a request for the award under the provisions of Section 1130, Title 10, 
U. S. Code through a Member of Congress.  He was also advised of the documentation he needed to support his request before it could be forwarded to the Army Decorations Board for consideration.  



7.  On 12 June 2007, the Military Awards Branch, HRC-Alexandria, again responded to the applicant's Congressman regarding a letter he had submitted on behalf of the applicant on 16 April 2007.  He was informed that there was insufficient documentation to forward the applicant's recommendation for award to the Army Decorations Board for consideration.  The applicant had submitted page 1 of his DA Form 638 with proposed citation, narratives, his own eyewitness statement, a Serious Incident Report, and his DD Form 214.  However, without a second page of the DA Form 638, HRC-Alexandria was unable to determine whether the recommendations were submitted into military channels within the 2-year time requirement and it could not be processed as a lost award.  The applicant was advised that in order to forward the recommendation to the Board for consideration, former chain-of-command endorsements were required, as well as any additional witness statements from an individual other than himself.  He was once again advised that once he submitted the required supporting documentation, his request would be forwarded to the Army Decorations Board for consideration.  

8.  On 16 August 2007, the applicant's Congressman petitioned the Military Awards Branch, HRC-Alexandria, to consider awarding the applicant the ARCOM with "V" Device based on the available evidence.  He indicated that the applicant had made several attempts to obtain a copy of page 2 of the DA Form 638 to no avail.  

9.  On 7 November 2007, the Military Awards Branch, HRC-Alexandria, responded to the applicant's Congressman.  It advised him that without the required documentation, it was unable to determine whether the recommendation was submitted into military channels within the 2-year time requirement and it could not be processed as a lost award.  He was advised that the applicant needed additional eyewitness statements from an individual with first-hand knowledge of his actions and former chain-of-command endorsements.   

10.  Army Regulation 600-8-22 (Military Awards) provides that the ARCOM 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.  Awards of the ARCOM may be made for acts of valor which are of lesser degree than required for award of the Bronze Star Medal.

11.  Title 10 of the United States Code, section 1130 (10 USC 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.

DISCUSSION AND CONCLUSIONS:

1.  Award of the ARCOM requires formal recommendation, approval through the chain of command, and announcement in orders.  Although the applicant was able to provide a copy of page one of his DA Form 638 and proposed citation, page 2 which shows the chain of command endorsements and the final decision by the approval authority is missing.  As noted by the Military Awards Branch, HRC-Alexandria, without page 2 of the DA Form 638, his request could not be processed as a lost case and it was unable to determine whether the recommendation had been submitted into military channels within the 2-year time requirement. 

2.  The applicant was advised on several occasions that he needed additional eyewitness statements from an individual with first-hand knowledge of his actions and former chain-of-command endorsements in order for the Military Awards Branch, HRC-Alexandria, to process his request.  He was also advised of his rights to submit a request for the award under the provisions of Section 1130, Title 10, U. S. Code through a Member of Congress and the documentation he needed to support his request before it could be forwarded to the Army Decorations Board for consideration.  To date, the applicant has not been able to submit the required documentation to support his request through HRC-Alexandria.
   
3.  Regrettably, in the absence of the required evidence, there is an insufficient basis upon which to grant the applicant's request at this time.  While the available evidence is insufficient for awarding the applicant a ARCOM with "V" Device, this in no way affects the applicant’s right to pursue his claim for this award by submitting a request through his Member of Congress under the provisions of 10 USC 1130 described above.  However, in order to pursue his claim under the provisions of 10 USC 1130, he should make all attempts to contact his chain of command from Iraq and obtain the required endorsements, as well as the additional eyewitness statements.  If he is able to obtain the required evidence, his request could then be considered by the Army Decorations Board. 


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   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)                                         AR20080010937



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ABCMR Record of Proceedings (cont)                                         AR20080010937



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