IN THE CASE OF:	

		BOARD DATE:	1 September 2009  

		DOCKET NUMBER:  AR20090006026 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Bronze Star Medal; Combat Action Badge; a permanent change of station (PCS) award from Fort Benning, GA; and awards from Walter Reed Army Medical Center, Washington, D.C.

2.  The applicant states that he feels that certain awards were not listed on his DD Form 214.

3.  The applicant provides, in support of his application, copies of his DD Form 214 and orders awarding him the Combat Action Badge. 

CONSIDERATION OF EVIDENCE:

1.  At the time of his application, the applicant was retired in the rank/grade of sergeant (SGT)/E-5, due to permanent physical disability.

2.  On 22 September 1998, the applicant enlisted in the Regular Army (RA).  He completed his initial training and he was awarded military occupational specialty (MOS) 62B (Construction Equipment Repair).

3.  On 19 July 1999, the applicant was assigned for duty as a team leader with the 725th Combat Support Brigade in Hawaii.


4.  On 19 September 2001, the applicant was reassigned to Company C, 317th Engineer Battalion at Fort Benning.  He deployed with this unit to Kuwait during the period 1 May to 28 November 2002.  He also deployed with this unit to Iraq during the period 10 January 2003 to 2 June 2004.

5.  On 3 May 2004, the applicant was assigned to Company M, 2nd Battalion, 69th Armor Regiment at Fort Benning.  On 16 July 2004, he was reassigned to the 203rd Combat Support Battalion.

6.  On 14 October 2005, the applicant was assigned to the Medical Holding Company at Walter Reed Army Medical Center.  

7.  Headquarters, 3rd Infantry Division, Fort Stewart, GA, Permanent Orders
096-256, dated 6 April 2006, awarded the applicant the Combat Action Badge for actively engaging the enemy or being engaged by the enemy on 28 June 2005.

8.  On 27 February 2007, the applicant was retired due to a permanent physical disability.  He had completed 8 years, 5 months, and 6 days of creditable active duty service.

9.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the Purple Heart, Army Commendation Medal (2nd award), Army Achievement Medal (2nd award), U.S. Army/U.S. Air Force Presidential Unit Citation, Army Good Conduct Medal (2nd award), National Defense Service Medal, Armed Forces Expeditionary Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, and the Driver and Mechanic Badge with Mechanic Bar.  It does not show award of the Bronze Star Medal or the Combat Action Badge.

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, for the wear of a bronze service star on the Iraq Campaign Medal for service during any of the 


following campaign periods: Liberation of Iraq from 19 March 2003 to 1 May 2003; Transition of Iraq from 2 May 2003 to 28 June 2004; Iraqi Governance from 29 June 2004 to 15 December 2005; National Resolution from16 December 2005 to a date to be determined.

12.  Army Regulation 600-8-22 also provides, in pertinent part, that 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.  Awards for meritorious achievement or service will not be based upon the grade of the intended recipient.  Rather, the award should reflect both the individual’s level of responsibility and his or her manner of performance. The degree to which an individual’s achievement or service enhanced the readiness or effectiveness of his or her organization will be the predominant
factor.  No individual is automatically entitled to an award upon departure from an assignment.  Awards presented in conjunction with a permanent change of station will be limited to exceptional cases.  Certificates of Achievement and
Letters of Commendation or Appreciation are appropriate means to recognize departing personnel.  No preconditions for an award may be established such as, for example, when Soldiers are informed in advance that attainment of specific goals will result in the automatic award of a given decoration.

13.  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.  The applicant contends that his DD Form 214 should be corrected to show award of the Bronze Star Medal, Combat Action Badge, a permanent change of station award from Fort Benning, and awards from Walter Reed Army Medical Center.

2.  The available evidence of record does not contain any orders or other documentation showing that the applicant was awarded the Bronze Star Medal.  


While the available evidence is insufficient for awarding the applicant a Bronze Star Medal, this in no way affects the applicant’s right to pursue his claim for the 
Bronze Star Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

3.  Permanent orders show that the applicant was awarded the Combat Action Badge for engagement with the enemy on 28 June 2005 in Iraq.  Therefore, his records should be corrected to show this award.

4.  The available evidence shows that the applicant served in Iraq during two campaign periods.  Therefore, his records should be corrected to add two bronze service stars to his already-awarded Iraq Campaign Medal.

5.  The applicant's request for awards based on his permanent change of station from Fort Benning and assignment at Walter Reed Army Medical Center is too vague to make any determination.  Therefore, there is no basis for granting this portion of the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_____x___  ____x____  ____x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  deleting from item 13 of the applicant's DD Form 214 the Iraq Campaign Medal; and

   b.  adding to item 13 of the applicant's DD Form 214 the Combat Action Badge and the Iraq Campaign Medal with two bronze service stars.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends 


denial of so much of the application that pertains to award of the Bronze Star 
Medal, a permanent change of station award from Fort Benning, and awards from Walter Reed Army Medical Center.



      __________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)                                         AR20090006026



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ABCMR Record of Proceedings (cont)                                         AR20090006026



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