IN THE CASE OF:	

		BOARD DATE:	  30 March 2010

		DOCKET NUMBER:  AR20090015626 


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) dated 7 May 2003 be upgraded to an award of the Bronze Star Medal (BSM).

2.  The applicant states, in effect, that his recommendation for award of the BSM was downgraded because his unit was allocated a limited number of BSMs and that most of them went to the senior leadership.  He also states that he does not believe the recommendation reflected all of his accomplishments and the time he spent in Iraq during the year he served.  He further states that due to the number of awards allocated, the commanders, the command sergeants major, and the staff (S-1, S-2, S-3, S-4) got their awards and left very little for others.

3.  The applicant provides a one-page letter of explanation, a copy of his award recommendation, a copy of the award certificate for the ARCOM, and a copy of a letter from the Human Resources Command to the applicant’s Congressional Representative explaining that the applicant’s request for an upgrade of his ARCOM to the BSM was disapproved.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant, while serving in the pay grade of E-7 at Fort Bragg, North Carolina, deployed to Iraq in support of Operation Iraqi Freedom on 3 April 2003 as a senior personnel sergeant.

3.  In May 2003, the applicant’s rater, the battalion adjutant, submitted a recommendation for award of the BSM to the applicant for the period of 19 March to 1 May 2003.  The company commander recommended approval of the BSM; however, the battalion and brigade commanders recommended that the award be downgraded to an ARCOM.  The appropriate authority (a lieutenant general/V Corps Commander) approved a downgrade to the ARCOM.  Accordingly, he was awarded the ARCOM for the period in question.  The applicant’s rater, the battalion adjutant, received the same award as the applicant for the same period.

4.  On 30 June 2006, he was retired and was transferred to the Retired List effective 1 July 2006.  He had served 23 years, 4 months and 29 days of total active service.

5.  On 18 October 2007, the Army Decorations Board determined that the degree of action and service rendered by the applicant did not meet the strict criteria for award of the BSM and based on the board’s recommendation, the Commanding General, United States Army Human Resources Command, on behalf of the Secretary of the Army, disapproved award of the BSM, reaffirming the previously approved award of the ARCOM.

6.  The applicant was advised to apply to this Board, and his Congressional Representative was notified on 13 August 2008 of the results of the applicant’s request to the Army Decorations Board.

7.  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.  

8.  Army Regulation 600-8-22 provides that 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.  
9.  Army Regulation 600-8-22 also states it is the responsibility of any individual having personal knowledge of an act, achievement, or service believed to warrant the award of a decoration to submit a formal recommendation into military command channels for consideration within 2 years of the act, achievement, or service to be honored.  The Army does not condone self-recognition; therefore, a Soldier may not recommend himself/herself for award of a decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his ARCOM should be upgraded to a BSM because he was the victim of quotas and because the recommending official did not include all of his achievements during the year he served in Iraq has been considered and appears to lack merit.  

2.  The applicant arrived in Iraq on 3 April 2003 and the recommendation was submitted the following month for the BSM for the period of 19 March to 1 May 2003, which was less than a 2-month period.  Accordingly, that recommendation certainly could not have contained accomplishments that occurred after 1 May 2003.

3.  While the applicant may not have agreed with the content of the recommendation, it was the recommending official's responsibility to make the assessment of the applicant’s acts, achievements and/or service during the period in question and there is no evidence to show that the recommendation was in any way flawed.

4.  The applicant’s request has also been reviewed by the Army Decorations Board.  That board is in the best position to evaluate the recommendation to ensure it met the required standards for award of the BSM, and that board found no such case. 

5.  Therefore, in the absence of evidence to the contrary, it appears that the commanders who recommended and approved the downgrade of the BSM to the ARCOM were properly exercising their command authority and were in the best position to determine what the proper recognition for the applicant’s accomplishments were at the time.  Accordingly, it appears there is no basis to grant the applicant’s request.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   __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)                                         AR20090015626



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ABCMR Record of Proceedings (cont)                                         AR20090015626



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