IN THE CASE OF:	  

		BOARD DATE:	  21 July 2011

		DOCKET NUMBER:  AR20110004263 


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 the Bronze Star Medal (BSM) he was awarded for meritorious achievement on 12 October 2008 be upgraded to a BSM with “V” Device or a Silver Star.

2.  The applicant states, in effect, that he was recommended for award of the Silver Star and it was downgraded to a BSM.  However, the officer recommending the downgrade also stated that his “heroic actions under fire and superb combat leadership were fully deserving of a BSM.  Therefore, given the award was for heroic actions under fire he should have been awarded the BSM with “V” Device or the Silver Star.  He further states that the approving officer (a Polish major general) initially recommended approval and the Corps commander initially checked approval for award of the Silver Star, then he downgraded the action to award the BSM.  He further states that the action justified an award of the Silver Star/BSM with Valor.  Additionally, while the act may have met a lesser degree of heroism required for award of the Silver Star, based on the "C3’s" comments it met the criteria for heroism as prescribed in paragraph 3-10 or 3-14 of Army Regulation 600-8-22.

3.  The applicant provides:

* The results of his application to the Army Decorations Board
* A copy of a letter from the Secretary of the Army to his Congressional Representative
* A letter and statement from the recommending official (a command sergeant major)
* Two witness statements
* Three photo sketches of the scene of the attack in question
* A spot report showing that the attack began at 1255 hours on 12 October 2007 and ended at 1346 hours on 12 October 2007
* An article from the Air Force website
* A copy of a firearms report
* The original DA Form 638 (Recommendation for Award)
* The Bronze Star Medal certificate
* A copy of the original and revised narrative for award of the Silver Star

CONSIDERATION OF EVIDENCE:

1.  The applicant was serving as a Quartermaster Corps colonel in the Illinois Army National Guard (ILARNG) when he was ordered to active duty in support of Operation Iraqi Freedom on 11 April 2007.  He deployed to Iraq on 22 April 2007 and was assigned to Camp Echo as the Assistant Division Commander – Support for the Multinational Division – Central South.  His rater was a Polish Army Major General and his senior rater was an American Army Lieutenant General.  

2.  On 29 October 2007, the applicant’s command sergeant major (CSM), who was also in the ILARNG and deployed to Iraq with the applicant, submitted a DA Form 638 recommending the applicant for award of the Silver Star for exceptional gallantry in action against enemy forces on 12 October 2007.    

3.  The narrative submitted by the CSM (Recommending Official) indicates that when a combat cameraman was shot by sniper fire immediately next to the applicant, the applicant immediately ensured that the cameraman received medical attention as they sought cover under a crane.  He focused on the interpreter in order to stabilize the wounded and evacuate them from the kill zone.  He also shifted his focus to directing defensive measures for coalition partners and Iraqi Forces and while receiving fire, he and the CSM moved their high mobility multipurpose wheeled vehicle more directly into the fight and established communications with the coalition forces and Camp Echo, which proved essential to control fire on insurgents.  He successfully sequenced defensive and ultimately offensive measures from three different locations and subsequently established his position in the Polish Tactical Operations Center and reestablished communications with Camp Echo which led to additional fire support arriving on the scene.

4.  The applicant’s rater and commanding general recommended approval of award of the Silver Star and forwarded the recommendation to the Multinational Coalition (MNC) C-3 (Task Force Phantom) who recommended that the award be downgraded to a BSM.  He commented that the applicant’s “Heroic actions under fire and superb combat leadership – fully deserving of a BSM.”

5.  The recommendation was forwarded to the commander of MNC – Iraq and that commander also recommended that the award be downgraded to a BSM.

6.  The recommendation was forwarded to the Commanding General (applicant’s senior rater) and he downgraded it to a BSM.  The award was approved on 6 January 2008.  The BSM citation indicates it was awarded for exceptionally meritorious achievement on 12 October 2007.

7.  On 8 November 2007, the applicant’s CSM also submitted a recommendation for award of the Legion of Merit to the applicant for meritorious service during the period of 22 April 2007 to 31 January 2008.  That recommendation was processed through the same chain of command and it was downgraded to a BSM for meritorious service on 30 November 2007.

8.  The applicant departed Iraq on 9 April 2008 and was honorably released from active duty on 20 May 2008.

9.  On 23 September 2008, he was honorably discharged from the ILARNG due to medical/physical conditions and transferred to the U.S. Army Reserve Control Group (Retired).

10.  On 20 July 2010, the Secretary of the Army authorized the applicant to apply to the Army Awards Board for reconsideration of his award without endorsement from his chain of command as a one-time exception to policy.

11.  The applicant provides as part of his application to this Board an undated letter from the Chief, Awards and Decoration Branch of the Human Resources Command at Fort Knox, Kentucky informing the applicant that his request for reconsideration and award of the Silver Star had been considered by the Army Awards Board and a determination was made that the BSM was the appropriate award for his actions. 

12.  A review of the applicant’s official records show that he was awarded the Combat Action Badge (CAB) for the action on 12 October 2007 as were other members of the applicant’s party on that day.

13.  Army Regulation 600-8-22 (Military Awards) states the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14.  Army Regulation 600-8-22 states the Bronze Star Medal 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 in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  Awards may be made to recognize single acts of merit or meritorious service that were meritorious and accomplished with distinction.

15.  Army Regulation 600-8-22 states the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.  Although more than one award of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one “V” device may be worn on awards of these medals.

DISCUSSION AND CONCLUSIONS:

1.  After reviewing the original recommendation for award of the Silver Star along with the original and revised narratives and all of the supporting documents submitted by the applicant with his application it appears the original decision by the commanders on the ground at the time to downgrade the award to the BSM was the appropriate decision and the BSM was the appropriate award for his actions. 

2.  While it appears based on the narratives submitted that the applicant exhibited exemplary conduct and leadership during an attack by the enemy in Iraq, it does not appear that based on the available evidence that his actions rose to the level of heroism or gallantry in action that would warrant award of the BSM with “V” Device or the Silver Star.

3.  It appears that the applicant was in the process of establishing a joint security station and while the applicant was there the compound came under attack.  As a senior officer on the ground it was his responsibility as a senior officer to assess the situation and to coordinate resources to repel the attack and it appears that he was successful in that endeavor.  While he should be commended for his actions on that day, there is insufficient evidence to support an award for valor or heroism to the extent that warrants award of the BSM with “V” Device or the Silver Star.

4.  While the applicant may not agree, it is noted that the commanders at the time made their assessment of the circumstances and the Army Awards Board which reviews many such applications also determined that the applicant’s actions did not warrant a higher award.  While the Board is not bound by their actions, it does appear that they were correct in their determinations.

5.  The applicant has failed to submit evidence that would support his request, therefore, his request should be denied.

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)                                         AR20110004263



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ABCMR Record of Proceedings (cont)                                         AR20110004263



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