IN THE CASE OF:	

		BOARD DATE:	  12 January 2010

		DOCKET NUMBER:  AR20090012165 


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, reconsideration of his previous request for award of the Bronze Star Medal.

2.  The applicant states, in effect, that he has provided two emails written by Major (MAJ) C-----r that were provided to his unit administrator which supports the text on his award recommendation should have been changed from 150 to 200 missions.   He states that the text on his DA Form 638 (Recommendation for Award) was never changed from 150 to 200 missions.  Had the recommendation been changed it would have been more comparable to the DA Forms 638 of those officers who received the Bronze Star Medal.  He further states that he believes the MAJ knew when he wrote the email that his Bronze Star Medal for Valor for actions on Thanksgiving 2005 was not submitted to the proper authorities nor would it be.  As a result, his actions during the vehicle borne improvised explosive device (VBIED) attack on his unit on 24 November 2005 were not included in his end-of-tour award and it should have been.  His end-of-tour award was submitted on 4 February 2006 but his tour did not end until 10 May 2006 and the MAJ's email stating that the award was the totality of the time he spent in Iraq, is false.  He concludes by stating, in effect, that after his redeployment and subsequent deployment to Kosovo in 2008 he was the recipient of several awards to include the Meritorious Service Medal.  




3.  The applicant also states, in effect, that he submitted a Freedom of Information Act request to the Human Resources Command so he could receive a copy of all of the awards his unit was given during Operation Iraqi Freedom but that request was denied on the grounds that each Soldier would have to give him permission to see their awards. 

4.  The applicant submitted copies of two emails, dated 16 February 2006; a copy of Orders Number D-07-705288; a copy of an Officer Evaluation Report ending 30 March 2008; a Meritorious Service Medal Certificate; a DA Form 638 for a Meritorious Service Medal; and a copy of a Bronze Star Medal Certificate for Captain B—e in support of this application. 

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records, which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080017989, dated 3 February 2009.

2.  The applicant provided the following documents as new evidence which merit consideration by the Board:

	a.  an email Subject:  Questions Regarding End of Tour Awards from C-----r, dated 16 February 2006, states the applicant's awards were written by a collection of officers, and that they were end of tour awards.  The e-mail also states that they all should have over 200 missions by the time they depart.  The author states that he did not know why the applicant's recommendation only showed 150.  He also states the applicant was not recommended for a Bronze Star Medal, he was recommended for an Army Commendation Medal.

	b.  a second email Subject:  Text Correction from C-----r, dated 16 February 2006, instructs Sergeant S-----s to change the wording of the text on the applicant's DA Form 638 to 200 missions; and 

   c.  the certificate for award of the Bronze Star Medal for CPT J----e 
B-----e which shows, in pertinent part, that CPT J----e B-----e was "awarded the Bronze Star Medal for exceptionally meritorious service during Operation Iraqi Freedom.  His outstanding dedication to duty during combat operations in Iraq contributed to the overwhelming success of the command's mission.  His actions are in keeping with the finest traditions of military service and reflect great credit upon himself, Multi-National Corps-Iraq, and the United States Army for the period of service from 10 June 2005 to 10 May 2006."

3.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was ordered to active duty in support of Operation Iraqi Freedom on 18 April 2005.  He was subsequently honorably released from active duty on 
1 June 2006 and transferred to the United States Army Reserve.

4.  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.

5.  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.

6.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  U.S. Army Human Resources Command, Personnel Service Support Division, 200 Stovall Street, Room 3S67, Alexandria, VA  22332-0405.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence and the applicant has not provided any evidence that shows he was recommended for or awarded the Bronze Star Medal.  It is noted that the applicant and CPT J----e B-----e were in the same unit and performing similar missions.  However, there is insufficient evidence to show that the recommending officials intended to recommend the applicant for award of the Bronze Star Medal or recommended CPT B----e for award of The Bronze Star Medal only because he had completed a certain amount of missions.  In the absence of such evidence, there is no basis to correct his record to reflect this decoration.

2.  The applicant submitted a copy of a DA Form 638 and a certificate awarding him the Meritorious Service Medal, a copy of his promotion orders to MAJ, and an OER which he received after the period of the award in question.  These documents are not relevant to his argument that he should have been awarded a Bronze Star Medal.

3.  While the available evidence is insufficient for awarding the applicant a Bronze Star Medal, this in no way affects his 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 USC 1130.  

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 to amend the decision of the ABCMR set forth in Docket Number AR20080007989, dated 3 February 2009.



      _______ _   _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)                                         AR20090012165



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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