IN THE CASE OF:	  

		BOARD DATE:	        5 February 2009

		DOCKET NUMBER:  AR20080018503 


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 that his award of the Army Commendation Medal be upgraded to a Bronze Star Medal for meritorious service.

2.  The applicant states, in effect, he served in Iraq as a LOGCAP (Logistics Civil Augmentation Program) Support Officer from May 2005 to May 2006.  Upon his departure, his chain of command recommended him for award of the Bronze Star Medal for meritorious service.  The entire chain of command strongly endorsed the recommendation; however, the approving authority, a Lieutenant General, downgraded the award to an Army Commendation Medal.  He states he was a Major serving in a position of great responsibility, and that previous LOGCAP Support Officers received Bronze Star Medals for their service; only he received an Army Commendation Medal.  He adds that when he left Iraq, it took three people to replace him.

3.  The applicant provides:

	a.  A copy of a 22 August 2008 letter from the Chief, Military Awards Branch, US Army Human Resources Command (HRC), Alexandria, VA, to his United States Senator.  The letter states the Army Decorations Board, on 12 June 2008, determined that the degree of service performed by the applicant did not meet the criteria for award of a Bronze Star Medal.

	b.  A self-authored letter to the Army Board for Correction of Military Records (ABCMR), dated 9 September 2008, explaining why he believes his Army Commendation Medal is inappropriate and should be upgraded to a Bronze Star Medal.

	c.  An undated memorandum from the Commander, Army Field Support Brigade – Iraq, Camp Anaconda, Iraq, to the Commanding General, Coalition Forces Land Component Command, Camp Arifjan, Kuwait, supporting reconsideration of the recommendation for award of the Bronze Star Medal.

	d.  A copy of a “Narrative – Bronze Star Medal for [Applicant].”

	e.  A copy of a “Citation for Bronze Star Medal [Applicant] 13 May 2005 – 06 May 2006.”

	f.  A copy of his DA Form 67-9 (Officer Evaluation Report) for the period 28 March 2005 through 27 March 2006.  It shows he served as a Major in a LOGCAP Support Officer position.

	g.  A copy of DA Form 638 (Recommendation for Award), dated 30 January 2006, recommending him for award of the Bronze Star Medal for meritorious service.  The recommendation was made by the Commander, LOGCAP Support Detachment, a Lieutenant Colonel.  It was favorably endorsed on 30 January 2006 by the Commander, Army Field Support Brigade – Iraq, a Colonel.  It was favorably endorsed on 20 March 2006 by the Commanding General, Army Materiel Command (AMC) (Forward), a Brigadier General.  It was downgraded on 5 May 2006 by the Coalition Forces Land Component Commander, a Lieutenant General.

	h.  An excerpt describing the Bronze Star Medal and the criteria for award.

CONSIDERATION OF EVIDENCE:

1.  The applicant is an Active Guard Reserve (AGR) Major serving on active duty. During the period on/about 15 May 2005 through on/about 15 May 2006, he served in Iraq as a LOGCAP Support Officer.

2.  In preparation for the applicant’s redeployment from Iraq, his detachment commander recommended him for award of the Bronze Star Medal for meritorious service.  The proposed citation for the award stated the applicant:

[Is cited] for exceptional meritorious achievement in support of actions against a hostile force in Southwest Asia for the period 
15 May 2005 thru 15 May 2006 while assigned to the Army Field Support Brigade – Iraq, Army Materiel Command.  [Applicant’s] performance as a LOGCAP Support Officer was a key factor in enabling the Multinational Corps – Iraq to assist in providing security for an Iraqi constitutional referendum and national election.  His devotion to duty, aggressiveness, and ability to excel while under great pressure contributed significantly to the success of his unit’s mission.  [Applicant’s] performance reflects great credit upon himself, the Coalition Forces Land Combined Command/ Multinational Forces – Iraq, and the United States Army.

3.  The supporting narrative for the applicant’s award recommendation stated he was responsible for maintaining and updating contracts “worth in excess of $900M of a $4.9B effort” and for acting as an interface between coalition military forces and contractor personnel for all manner of direct and general support operations, field services, and other operations and services.

4.  The recommendation for award of the Bronze Star Medal was endorsed through his Lieutenant Colonel, Colonel, and Brigadier General levels of command.  However, when the recommendation reached the Lieutenant General approval level, the Coalition Forces Land Component Commander downgraded it to an Army Commendation Medal without further comment or explanation.

5.  The applicant’s brigade-level commander (Colonel), on an unknown date, sought reconsideration of the approval authority's decision to downgrade the applicant’s award to an Army Commendation Medal.  He essentially repeated and embellished the information provided in the original award narrative, and added that the applicant was a lay minister who provided comfort to all who needed it.  A copy of the approval authority's denial of the reconsideration is not available; however, the decision to award the Army Commendation Medal was not changed.

6.  On an unknown date, the applicant solicited assistance from his United States Senator in his attempt to have his Army Commendation Medal upgraded to a Bronze Star Medal.  A request was forwarded to the Military Awards Branch, HRC, Alexandria, VA.  The request was acted upon by the Army Decorations Board and denied on 12 June 2008.  The Army Decorations Board, after reviewing all of the evidence, determined that the applicant’s service in Iraq was properly recognized by award of the Army Commendation Medal.

7.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:
	a.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders is required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

	b.  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.

	c.  Requests for reconsideration or the appeal of a disapproved/downgraded award recommendation must be placed in official channels within 1 year from the date of the awarding authority's decision.  One time reconsideration by the award approval authority will be conclusive.  However, pursuant to 10 USC 1130, a member of Congress can request a review of a proposal for the award or presentation of a decoration (or the upgrading of a decoration) that is not authorized to be presented or awarded due to time limitations established by law or policy for timely submission of a recommendation.   Recommendations are submitted for reconsideration or appeal only if new, substantive and material information is furnished.  Requests for reconsideration or appeal must be forwarded through the same official channels as the original recommendation.  The additional justification for reconsideration or appeal must be in letter format, not to exceed two single-spaced typewritten pages.  A copy of the original recommendation, with all endorsements, and the citation must be attached.  If the original recommendation is not available, a new/reconstructed recommendation should be submitted.

8.  The Logistics Civil Augmentation Program (LOGCAP) provides contingency support to augment the US Army force structure.  The first LOGCAP contract was awarded under the “umbrella concept” in August 1992.  The second contract was awarded in January 1997, and LOGCAP III, the third contract, was awarded in 2001.  This third contract primarily supported the Global War on Terrorism in Iraq, Afghanistan, Kuwait, Djibouti, and Georgia and it garnered severe criticism, both within the Army (by supported units) and by the media, for shoddy and substandard performance by the contractor.  This criticism led, in April 2008, to the awarding of LOGCAP IV.  During his tenure as a LOGCAP Support Officer in Iraq, the applicant worked under LOGCAP III.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his award of the Army Commendation Medal be upgraded to a Bronze Star Medal.
2.  The applicant has had multiple opportunities to have the downgrading of his Bronze Star Medal to an Army Commendation Medal reversed.  When the original recommendation was downgraded from a Bronze Star Medal to an Army Commendation Medal, the applicant’s brigade-level commander sought reconsideration.  When that request was denied, he petitioned the Army Decorations Board through his United States Senator.  The Army decorations Board thoroughly reviewed his petition and all available facts.  That board determined that the award of the Army Commendation Medal was appropriate.

3.  In the absence of compelling evidence, the Board is reluctant to substitute its judgment for that of the award approval authority.

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)                                         AR20080018503



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080018503



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1