IN THE CASE OF:	  

		BOARD DATE:	    21 February 2012

		DOCKET NUMBER:  AR20110020849 


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, his Army Commendation Medal (ARCOM) be upgraded to the Bronze Star Medal (BSM).
 
2.  The applicant states, in effect:

	a.  an unauthorized approval authority downgraded his BSM to an ARCOM which was a violation of Army Regulation 600-8-22 (Military Awards).  His unit failed to submit the DA Form 638 (Recommendation for Award) to the appropriate approving authority.

	b.  the original documents were altered because the signature on the DA Form 638 does not match the citation.  The original DA Form 638 with the approving authority of the Multi-National Division South was replaced by a second DA Form 638 by the Brigade S-1 with the Brigade Commander as the new approving authority.  

	c.  the award was approved 5 months prior to the end period of the award 
(30 April 2010).  The Brigade Commander is not the approving authority for a recommendation for the BSM as stated in Table 3-6 (Delegation of Award Approval Authority – Wartime Criteria) of Army Regulation 600-8-22.  If the Brigade Commander recommended downgrading the BSM to an ARCOM the award still has to be viewed by the final approving authority.       



3.  The applicant provides:

* Permanent order 314-11, dated 10 November 2009
* DA Form 638 with narrative
* Letter, dated 7 October 2011
* Letter, dated 30 September 2011, from the Chief, Awards and Decorations Branch, U.S. Army Human Resources Command, Fort Knox, KY
* Letter, dated 7 June 2011, from the Army Review Boards Agency

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 27 August 2002 for a period of 3 years.  He has remained on active duty through continuous reenlistments and he was promoted to staff sergeant on 1 January 2007. 

2.  He provided a DA Form 638, dated 9 October 2009, which shows he was recommended for award of the BSM for meritorious service during the period 
15 May 2009 to 30 April 2010.  On 13 November 2009, the approval authority (a colonel) downgraded the recommendation to award of the ARCOM.   

3.  Permanent Order Number 314-11, dated 13 November 2009, shows he received the ARCOM for exceptional service during the period 15 May 2009 to 30 April 2010.

4.  On 7 June 2011, the ABCMR administratively closed the applicant's original request by letter because he had not exhausted his administrative remedies (he was instructed to appeal to the Awards Branch, Army Human Resources Command).

5.  On 30 September 2011, the Chief, Awards and Decorations Branch, U.S. Army Human Resources Command responded to the applicant's request to upgrade his ARCOM to the BSM.  The letter states:

* That office requires the written letter of justification noting the new, substantive and material information, as well as new endorsements from the original chain of command up through the rank of Major General
* Once the required documentation is received the recommendation would be forwarded to the Army Decorations Board for consideration 




6.  The applicant provided a letter, dated 7 October 2011, to the Army Board for Correction of Military Records in response to the Army Decorations Branch's letter which states:

	a.  the reason he originally applied to the ABCMR is that his original DA Form 638 was never viewed by the approving authority noted in item 1 of the DA Form 638.  After the Brigade Commander downgraded the award to the ARCOM the DA Form 638 was not forwarded to the intended approving authority, the Commander of Multi-National Division South. 

	b.  upon redeployment, he as well as the other parties involved have relocated to permanent duty stations, or have mostly retired from military service.  Due to the fact that Army Regulation 600-8-22 was not adhered to by those who originally endorsed the DA Form 638 he does not believe he would receive a fair or unbiased opportunity for endorsement if he were able to locate them for contact or signature. 

	c.  he believes he has exhausted all administrative efforts to remedy or resolve this issue which leaves no other option than to request the Board to evaluate his case.

7.  Army Regulation 600-8-22 states 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.  

8.  Note 2 of Table 3-6 of Army Regulation 600-8-22 states authority to approve award of the ARCOM under wartime criteria may be delegated to colonel level commanders. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the recommendation for the BSM was downgraded to an ARCOM by an unauthorized approval authority.

2.  The governing regulation states authority to approve award of the ARCOM under wartime criteria may be delegated to colonel level commanders. 

3.  Evidence shows the approval authority, a colonel, recommended the BSM be downgraded to an ARCOM. 


4.  There is no evidence an improper approval authority downgraded the recommendation for the BSM to an ARCOM.  

5.  There is no compelling evidence which warrants upgrading his ARCOM to the BSM.  Therefore, the decision the ARCOM was the appropriate recognition for his exceptional service during the period 15 May 2009 top 20 April 2010 is reaffirmed.

6.  While the available evidence is insufficient for awarding the applicant the BSM, this in no way affects his right to pursue his claim for the BSM by submitting the information noted in the letter from the Chief, Awards and Decorations Branch, U.S. Army Human Resources Command.

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 for correction of the records of the individual concerned.




      ___________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)                                         AR20110020849





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ABCMR Record of Proceedings (cont)                                         AR20110020849



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