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 applicants 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 applicants 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 applicants] heroic defense of the patrol."
3. The applicants 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 6008104 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 applicants 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 soldiers military records.
4. As such, it must be presumed that the applicants 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 applicants 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 applicants 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
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ABCMR Record of Proceedings (cont) AR20080014393
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