IN THE CASE OF:	   

		BOARD DATE:	  5 March 2014

		DOCKET NUMBER:  AR20130012166 


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 he be awarded the Bronze Star Medal (BSM).

2.  The applicant states he was awarded the Combat Infantryman Badge (CIB) when his convoy in Afghanistan was hit by an Improvised Explosive Device (IED) and took on enemy fire.  In accordance with Army Regulation 600-8-22 (Military Awards) he should have been awarded the BSM based on his award of the CIB.  He believes that the reason the BSM was not awarded is because he was commanded by an Air Force O-5 who was not familiar with the Army’s award system.

3.  The applicant provides orders awarding him the CIB, orders to active duty, and his DD Form 214 (Certificate of Release or Discharge from Active Duty). 

CONSIDERATION OF EVIDENCE:

1.  The applicant was serving as a U.S. Army Reserve (USAR) sergeant major when he was ordered to active duty as an infantry senior sergeant on 16 January 2007 in support of Operation Enduring Freedom.

2.  He deployed to Afghanistan on 16 January 2007 and was awarded the CIB for engaging in active ground combat on 20 November 2007.  He departed Afghanistan on 22 March 2008.  He was honorably released from active duty on 


21 June 2008 (REFRAD) due to completion of required service.  His DD Form 214 issued at the time of his REFRAD does not reflect the award of the BSM.

3.  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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

4.  Army Regulation 600-8-22 also provides that During World War II the Bronze Star Medal was awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal was authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the CIB or the Combat Medical Badge (CMB) is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

5.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

6.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander,  U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.



DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should have been awarded the BSM based on his being awarded the CIB has been noted.

2.  Only during WWII, when the CIB was created, was authorization granted to automatically award the BSM based on individuals having been awarded the CIB or CMB.

3.  The regulation cited by the applicant explains the criteria for award of the BSM based on award of the CIB very clearly and leaves no room for interpretation.  Simply stated, the BSM is only automatically authorized for award to Soldiers who were awarded the CIB during WWII.

4.  Accordingly, there appears to be no basis to award the applicant the BSM or to add it to his records.  

5.  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 10 USC 1130.

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)                                         AR20130012166





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130012166



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1