Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080014393
Original file (20080014393.txt) Auto-classification: Denied

		IN THE CASE OF:	

		BOARD DATE:	28 October 2008  

		DOCKET NUMBER:  AR20080014393


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 Army Commendation Medal (ARCOM) for valor be upgraded to a Bronze Star Medal (BSM) for valor.

2.  The applicant states that higher graded members of his command received BSMs for acts which were far less notable than his, and he believes that his command had a policy to restrict higher level decorations to sergeants and above.

3.  The applicant then paraphrases the statements provided by members of his unit.  In those statements it was described how the applicant and other members of his convoy returned fire when they were attacked by insurgents.

4.  The applicant provides statements from members of his unit; his discharge certificate from the Army National Guard; a letter from the applicant’s commander to a U.S. Senator in which the commander stated that he had only nominated two soldiers for the BSM for valor during his tour in Iraq, and the applicant was the most deserving of the two; a patrol debrief form; an ARCOM for valor certificate; a DD Form 214; and a DD Form 215.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show that while serving as a corporal in the ARNG, on 6 August 2004 he entered active duty in support of Operation Iraqi Freedom.

2.  On 2 June 2005, the applicant was awarded the ARCOM for valor.  In his ARCOM certificate it was stated that "A gunfight broke out between the Iraqi police and insurgents.  [The applicant] responded with valor by firing on the insurgents until the patrol cleared the area, killing two and wounding two.  No friendly casualties were taken in large part due to [the applicant’s] heroic defense of the patrol."

3.  The applicant’s military records do not contain a downgraded award recommendation for the BSM.

4.  The applicant was honorably released from active duty on 22 November 2005.  He was honorably discharged from the ARNG on 27 February 2006.

5.  Army Regulation 600-8-22 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 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.

6.  Army Regulation 600-8-22 provides that the BSM is awarded to any person who distinguished himself by heroism or meritorious achievement or service, not involving participation in aerial flight in connection with military operations involving conflict with an opposing armed force.  The "V" device denotes participation in acts of heroism involving conflict with an armed enemy and when awarded with the BSM denoted the award was made for heroism as opposed to 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.

7.  Army Regulation AR 600–8–104 identifies documents authorized for filing in personnel records.  Table 2-1 shows that DA Form 638, Recommendation for Award, should be filed in the official military personnel file when the recommendation for an award has been downgraded or disapproved.  The correspondence that downgraded or disapproved the award recommendation is also to be included.  Award board results are not to be filed.


DISCUSSION AND CONCLUSIONS:

1.  The evidence is clear that the applicant valorously engaged enemy insurgents while serving in Iraq.  He was awarded the ARCOM for valor for his valorous actions.

2.  The applicant has not stated that other members of the convoy who also fired at the attacking insurgents were awarded the BSM for valor.  The applicant has not submitted any evidence to show that his level of valor exceeded that of other members of his convoy which also fired on the attacking insurgents.

3.  The level of award for valorous actions is subjective.  While the applicant’s commander states that he recommended the applicant for the BSM for valor, there is no record of this recommendation.  A downgraded award recommendation must be filed in a soldier’s military records.

4.  As such, it must be presumed that the applicant’s commander either recommended the applicant for the ARCOM for valor or, at very least, signed off on that award recommendation.

5.  Therefore, it must be concluded that the applicant’s command intended for him to be recommended for the ARCOM for valor because they believed that level of decoration was the most appropriate for his valorous actions on that day.

6.  The applicant’s contention that sergeants and higher ranking individuals received higher level decorations is noted.  However, every act and achievement being recognized stands on its own merit.  As such, the fact that one individual received a higher level award does not show that the lesser award was inappropriate.

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.



      __________X_______________
                 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)                                         AR20080014393



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080014393



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2013 | 20130009295

    Original file (20130009295.txt) Auto-classification: Denied

    His reconsideration request to HRC for award of the Silver Star which included the following summary prepared by Colonel (Retired) D____ T. M____ who stated: (1) On 1 March 2011, the HRC Awards and Decorations Branch disapproved a number of awards including the Silver Star for the applicant, the Silver Star for First Sergeant J____ C____, and four awards of the Bronze Star Medal with "V" Device for Soldiers whom the applicant had recommended for those awards. It suggested that he should...

  • ARMY | BCMR | CY2011 | 20110004263

    Original file (20110004263.txt) Auto-classification: Denied

    On 29 October 2007, the applicant’s command sergeant major (CSM), who was also in the ILARNG and deployed to Iraq with the applicant, submitted a DA Form 638 recommending the applicant for award of the Silver Star for exceptional gallantry in action against enemy forces on 12 October 2007. The applicant’s rater and commanding general recommended approval of award of the Silver Star and forwarded the recommendation to the Multinational Coalition (MNC) C-3 (Task Force Phantom) who recommended...

  • ARMY | BCMR | CY2007 | 20070013914

    Original file (20070013914.txt) Auto-classification: Denied

    a. DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation effective date of 19 March 2005; b. DA Form 638 (Recommendation for Award) dated 2 September 2004; c. Permanent Order (PO) 295-06, dated 16 September 2004, which awarded the ARCOM to the applicant for his meritorious service from 13 March 2004 to 28 February 2005 in Iraq; d. memorandum, dated 12 November 2004, from Headquarters, 30th Brigade Combat Team (BCT) directing that PO 295-06 be revoked; e. PO...

  • ARMY | BCMR | CY2011 | 20110004050

    Original file (20110004050.txt) Auto-classification: Approved

    The applicant requests award of the Combat Medical Badge and correction to his Army Commendation Medal to show the "V" device for valor. Within the information provided to HRC, there was no record or mention that the applicant performed his medical duties while his combat patrol was engaged in active ground combat with the purpose to close with and destroy the enemy with direct fires. Therefore, with no supporting evidence showing his combat patrol was directly engaged with the enemy, this...

  • ARMY | BCMR | CY2009 | 20090012378

    Original file (20090012378.txt) Auto-classification: Denied

    The applicant provides a self-authored statement, dated 17 July 2009; a DA Form 638 (Recommendation for Award) for the BSM, dated 4 April 2005, and citation; a commander's statement, dated 8 April 2005; two DA Forms 2823 (Sworn Statements); an ARCOM with Valor certificate, dated 15 August 2005; and his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his application. There is no evidence of record that indicates the applicant or anyone in his chain of command...

  • AF | BCMR | CY2010 | BC-2010-03827

    Original file (BC-2010-03827.txt) Auto-classification: Denied

    He was recommended for a BSM while serving in a combat zone and performing duties outside the wire in areas routinely attacked by insurgents and this award should not have been downgraded for being “non-combat.” In support of his request, the applicant provides copies of his MSM certificate, dated 3 Sep 08 (Permanent Order #285-008), DA Form 638, Recommendation for Award; AF IMT 77, Letter of Evaluation, Memorandum from AFPC/DPSIDR, Memorandum to AFCENT A1 Decorations, and email and phone...

  • ARMY | BCMR | CY2014 | 20140002934

    Original file (20140002934.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the: * Silver Star * Bronze Star Medal with 1st Oak Leaf Cluster (OLC) and "V" Device * Army Commendation Medal with "V" Device * Army Good Conduct Medal (1st Award) 2. The bold initiative and exemplary courage demonstrated by Sergeant Bxxx significantly contributed to the successful evacuation of the friendly casualties and the defeat of a large...

  • ARMY | BCMR | CY2014 | 20140017283

    Original file (20140017283 .txt) Auto-classification: Approved

    The applicant states his award of the ARCOM should be recorded as the ARCOM with “V” Device based on the supporting statement from the brigade commander who "downgraded" it. On 22 September 2004, the applicant's company commander (CO) submitted a DA Form 638 to the battalion commander recommending the applicant for award of the ARCOM with “V” Device for his actions on 18 September 2004. As a result, the Board recommends that all Department of the Army records of the individual concerned be...

  • ARMY | BCMR | CY2014 | 20140001068

    Original file (20140001068.txt) Auto-classification: Denied

    The snipers were supposed to fire at Eagle Company Soldiers in battle positions on the roof of the COP both initially, and after they were fixed by the enemy attack positions directly north of the COP. The extraordinary leadership and selfless courage displayed by [applicant] while under direct enemy fire inspired the soldiers and leaders of Eagle Company throughout the seven hour battle and resulted in the successful defense of COP Blackfoot, as well as considerable enemy losses. (2)...

  • ARMY | BCMR | CY2010 | 20100011851

    Original file (20100011851.txt) Auto-classification: Denied

    Paragraph 1-14 of the awards regulation outlines time limitations and states each recommendation must be entered into channels within 2 years of the act, achievement, or service to be honored. One time reconsideration by the award approval authority will be conclusive. Therefore, absent documented acts of valor or documented special achievement outside of his duty performance, which would have been well known to his chain of command, to include the award approval authority, there is no...