IN THE CASE OF:	  

		BOARD DATE:	  16 September 2010

		DOCKET NUMBER:  AR20100014872 


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 records to show he was awarded the Bronze Star Medal (BSM).

2.  The applicant states he was approved for the BSM for his service during Operation Iraqi Freedom (OIF).  The award was later revoked citing disciplinary action as the reason.  He contends he never received any disciplinary action and his evaluation reports and letters of support validate his exemplary performance.

3.  The applicant provides the following documentation:

* two letters of support
* three DA Forms 2166-8 (Noncommissioned Officer Evaluation Report (NCOER)) covering the period 1 November 2007 through 31 August 2009
* BSM packet (award recommendation, narrative, citation, and certificate), dated 10 March 2009
* Headquarters, Multi-National Division (Baghdad), Camp Liberty, Iraq, Permanent Orders Number 083-001, dated 24 March 2009, revoking award of the BSM
* DA Form 638 (Recommendation for Award), dated 21 March 2009, awarding him the Army Commendation Medal (ARCOM) in lieu of the recommended BSM



CONSIDERATION OF EVIDENCE:

1.  The applicant is currently a master sergeant serving on active duty at Fort Sill, OK.

2.  He was deployed to Iraq in support of OIF on or about 17 June 2008 while assigned to Headquarters and Headquarters Company, Combat Aviation Brigade, 4th Infantry Division, Fort Hood, TX.

3.  On 19 February 2009, the applicant's company commander recommended him for the award of the BSM.  The DA Form 638 shows the award recommendation was approved, through the chain of command, by the division commander.  On 10 March 2009, Headquarters, Multi-National Division (Baghdad) issued Permanent Orders Number 064-048, awarding him the BSM.

4.  On 24 March 2009, Headquarters, Multi-National Division (Baghdad) issued Permanent Orders Number 083-001 [used incorrect format] revoking the award of his BSM citing disciplinary action as the reason.

5.  In response to a request from this agency to provide clarification around the circumstances which led to the downgrading of the applicant's award, his former brigade commander, former deputy brigade commander, and former brigade S-1 provided detailed accounts of the situation.  Summarily, all award recommendations were submitted 4-6 months in advance to ensure Soldiers received their awards in a timely manner.  The applicant's chain of command contends his BSM was downgraded based on his performance as the Noncommissioned Officer in Charge of Redeployment.  Specifically, his repeated failure to meet area improvement standards, his failure to finalize staging locations on time, and his inability to adapt to changing requirements within the last 120 days prior to redeployment.  His award was downgraded because his level of responsibility and performance did not meet the standard for the award of the BSM.

6.  On 1 September 2010, the applicant provided a rebuttal disagreeing with the chain of command's statements.  He stated his supporting documents and evaluation reports stand on their own merit and, in fact, the deputy brigade commander concurred as the reviewer on all three of his evaluation reports.

7.  The applicant provides a copy of a DA Form 638, not found in his Official Military Personnel File (OMPF), which shows his company commander resubmitted the BSM recommendation on 19 February 2009, the same date as the original recommendation.  In this instance, the applicant's award 


recommendation for the BSM was downgraded to an ARCOM by the same brigade commander who originally recommended approval of the BSM.  This DA Form 638 shows Headquarters, Combat Aviation Brigade, 4th Infantry Division issued Permanent Orders Number 080-005, dated 21 March 2009, for award of the ARCOM.

8.  In addition, he provides favorable performance evaluations which cover the period of his deployment and two letters of support.  One letter is from the recommending official, his company commander, who indicates there was never any disciplinary action processed on the applicant.  The company commander contends the award recommendation appears to have been altered without his knowledge.  The second letter, written by the Senior Human Resource Specialist, states the applicant was approved for the BSM as his end of tour award but the BSM was revoked prior to the presentation date.  He has no knowledge of any disciplinary action being taken against the applicant while he was assigned to the 4th Combat Aviation Brigade.

9.  Army Regulation 600-8-22 (Military Awards) provides the Army policy for military awards.  The rules for processing the award recommendation state the recommendation will be forwarded through command channels to the award approval authority with each intermediate commander providing his/her recommendation.  Approval authorities may make award decisions without referral to an awards board.

10.  Paragraph 3-1c provides 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.

11.  Army Regulation 600-8-22 further states the BSM is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

12.  Headquarters, Multi-National Force-Iraq memorandum, dated 10 August 2008, Subject:  Delegation of Wartime Army Awards Approval Authority contains guidance on award approval authority during wartime conditions.  It states U.S. Army colonels and above in command were delegated disapproval and downgrade authority for U.S. Army decorations, provided these commanders have approval authority for the next lower award.

13.  Army Regulation 600-8-105 (Military Orders) applies to the publishing and distributing of orders.  It states to publish Format 705 as a permanent order when revoking or rescinding a permanent order.  Further, if the order has been revoked or rescinded by mistake, issue a new order.  Do not issue another order to revoke the revocation or recission.  This format does not require a reason for the revocation or recission being indicated.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his record to show he was awarded the BSM.

2.  There is no evidence of disciplinary action against the Soldier in his official military personnel file and his letters of support from his company commander and Human Resource Specialist support his contention that he never received any such action.  As a matter of equity, the revocation order should be corrected to delete the "Reason:  Disciplinary Action" from the format.

3.  The evidence of record shows he was awarded the BSM for his service during OIF on 19 February 2009; however, the award was revoked on 10 March 2009 by the same issuing authority and citing disciplinary action as the reason.  Soon after, his immediate commander resubmitted the award recommendation and this recommendation was downgraded to an ARCOM by the applicant's brigade commander.  As a result, he was awarded the ARCOM on 21 March 2009.

4.  Headquarters, Multi-National Force-Iraq memorandum, dated 10 August 2008, Subject:  Delegation of Wartime Army Awards Approval Authority states 
U.S. Army colonels and above in command are delegated disapproval and downgrade authority for U.S. Army decorations, provided these commanders have approval authority for the next lower award.  The decision to award the applicant an ARCOM instead of the BSM was well within the authority of the award’s approval authority.

5.  The final decision to approve an award and which award is appropriate are both subjective decisions made by the commander having award approval authority.  Commanders carefully review every individual award recommendation to preserve the prestige and integrity of the Army’s military decorations.  The fact that the applicant did not receive disciplinary action does not mean the revocation of the BSM is in error or unjust but only that his performance was determined to warrant a lesser award.  In view of the foregoing, the applicant's request should be denied.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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.   removing Headquarters, Multi-National Division (Baghdad), Permanent Orders Number 083-001 from his official military personnel file which shows the entry, "Reason:  Disciplinary Action"; and

   b.  issuing a corrected copy of Headquarters, Multi-National Division (Baghdad), Permanent Orders Number 083-001 following the standard revocation format which does not require a reason be entered.

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.



      ___________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)                                         AR20100014872



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ABCMR Record of Proceedings (cont)                                         AR20100014872



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