BOARD DATE:	  21 August 2014

		DOCKET NUMBER:  AR20140000682 


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 upgrade of his award of the Army Commendation Medal to the Bronze Star Medal.

2.  The applicant states, in effect, he was subjected to prejudicial treatment when Colonel (COL) PJR, Director of the Counterinsurgency Training Center, Afghanistan (CTC-A), interfered in the awards process for his award.  

	a.  In accordance with (IAW) the North Atlantic Treaty Organization (NATO) Training Mission, Afghanistan (NTM-A)/Combined Security Transition Command, Afghanistan (CSTC-A) Fragmentary Order (FRAGO) Number 11-799, issued by Lieutenant General (LTG) DPB, the Commander of NTM-A/CSTC-A (order not provided); operational and administrative control were not properly followed with respect to the awards process.  The Regional Support Command, Afghanistan (RSC-A), commanded by Colonel (COL) RAW, was in charge of the awards process.  However, COL PJR, Director of the CTC-A, interfered in the awards process and was not in his chain of command or issued/delegated award approval authority.  Furthermore, even though he was assigned from RSC-A to CTC-A for tactical control, this FRAGO did not authorize the delegation of authority in the awards approval process from RSC-A to CTC-A.

	b.  The initial/original DA Form 638 (Recommendation for Award) recommending award of the Bronze Star Medal, submitted on his behalf, was not submitted by COL PJR (Director of CTC-A), to the appropriate approval authority IAW Army Regulation 600-8-22 (Military Awards).  

* COL PJR used the narrative for the original DA Form 638 [recommending the Bronze Star Medal] to "cut and paste" the achievements to a DA Form 638 recommending the Army Commendation Medal
* COL PJR, without proper authority, discarded the original DA Form 638 recommending the Bronze Star Medal and substituted it for the DA Form 638 recommending the Army Commendation Medal
* COL PJR did not have award signature authority

3.  The applicant provides:

* self-authored statement 
* letter from his Member of Congress, dated 31 August 2012
* letter from the U.S. Army Human Resources Command (HRC), dated 
25 September 2012
* three DA Forms 638 (with narrative and citation pages), dated 11 January 2012 and 19 March 2012
* excerpt from Bronze Star Medal narrative of 11 January 2012
* seven pages of various email transmissions
* four memoranda, dated 1 March 2012, 16 March 2012, and 17 March 2012
* awards cover sheet
* DA Form 638, dated 14 January 2012
* Certificate for award of the Army Commendation Medal, dated 3 March 2012

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Minnesota Army National Guard (MNARNG) on 
1 February 1985 and served through a series of extensions.  He held military occupational specialty 11X (Infantry Senior Sergeant) and attained the rank/grade of command sergeant major (CSM)/E-9.

2.  He entered active duty on 14 April 2011 and served in Afghanistan from 
30 May 2011 to 8 April 2012.

3.  He provided four DA Forms 638; three are recommendations for award of the Bronze Star Medal and one is a recommendation for award of the Army Commendation Medal.

	a.  The first DA Form 638 dated 11 January 2012 (hereinafter referred to as DA Form 638 (A)), shows Captain (CPT) MPC, who identified himself as the applicant's team leader/Counterinsurgency (COIN) Mobile Training Team (MTT), recommended the applicant for award of the Bronze Star Medal for service during the period 1 June 2011 to 15 December 2012.  This form included a recommended narrative summary and citation (both undated).  The approval authority was listed as Lieutenant General (LTG) WBC IV, Commanding General, and Headquarters, NTM-A/ CSTC-A, Combined/Joint Personnel Support Division was listed as the orders issuing headquarters.  DA Form 638 (A) was not completed/approved by either the intermediate authority or the approval authority.

	b.  The second DA Form 638, dated 14 January 2012 (hereinafter referred to as DA Form 638 (B)), shows COL PJR, who identified himself as the applicant's supervisor/Director of CTC-A, recommended the applicant for award of the Army Commendation Medal for service during the period 5 June 2011 to 25 March 2012.  This form contains the text used in the narrative provided with DA Form 638 (A) in the achievement blocks but used a different proposed citation.  The approval authority was listed as Major General (MG) WMG Jr, Deputy Commander-Police (DCOM-P) and Headquarters, NTM-A/CSTC-A, Combined/Joint Personnel Support Division was listed as the orders issuing headquarters.  MG WMG Jr approved the award as an Army Commendation Medal.  DA Form 638 (B) also shows Permanent Orders (PO) Number 063-029, issued by Headquarters, NTM-A/ CSTC-A, Combined/Joint Personnel Support Division, on 3 March 2012 awarded him the Army Commendation Medal.

	c.  The third and fourth DA Forms 638 are both dated 19 March 2012 (hereinafter referred to as DA Form 638 (C) and DA Form 638 (D)), show CPT MPC, who identified himself as the COIN MTT, Executive Officer, recommended the applicant for award of the Bronze Star Medal for service during the period 
29 May 2011 to 1 April 2012.  These forms included a recommended narrative summary and citation (both undated), which were different from the version provided with DA Form 638 (A).  However, the narrative did list the same accomplishments.  

		(1)  DA Form 638 (C) shows the intermediate authority as COL ES Jr, the DCOM of Afghanistan (DCOM-A).  The approval authority was listed as MG WMG Jr, DCOM-P and Headquarters, NTM-A/CSTC-A, Combined/Joint Personnel Support Division was listed as the orders issuing headquarters.  DA Form 638 (C) was not completed/approved by either the intermediate authority or the approval authority.

		(2)  DA Form 638 (D) shows the intermediate authority as Lieutenant Colonel (LTC) JS, the Deputy Chief of Staff, DCOM-A.  The approval authority was listed as MG WMG Jr, DCOM-P and Headquarters, NTM-A/CSTC-A, Combined/Joint Personnel Support Division was listed as the orders issuing headquarters.  

			(a)  LTC JS, the intermediate authority, recommended disapproval and stated in the comments that the applicant had already been awarded an Army Commendation Medal for the same period and achievements.

			(b)  MG WMG Jr, the approval authority, disapproved the award.

4.  He provided an email transmission between himself and COL PJR, 
dated 14 January 2012 through 16 January 2012.

	a.  The applicant requested the COIN MTT Regional Command (South) 
(RC-S) end-of-tour awards be upgraded to Bronze Star Medals.  Additionally, he indicated he had attached the upgraded awards on DA Forms 638 (including DA Form 638 (C)) for COL PJR's review.

	b.  COL PJR stated he had taken all of the awards into careful consideration and felt that the MTT had done an outstanding job.  However, he also stated he would find it difficult to justify upgrading/changing the awards to Bronze Star Medals.  COL PJR stated he based his decisions on recommendations for awards from the NTM-A Awards Board, the U.S. Forces, Afghanistan and NTM-A awards guidance, discussions with the CSM and Commanding General (CG) of NTM-A, and the historical perspective he obtained from his past five deployments to Afghanistan.  He further stated most of the Soldiers in the MTT did not hold a leadership position and were never exposed to combat.  Therefore, he honestly could not upgrade the awards to Bronze Star Medals.

5.  He submitted a memorandum to the NTM-A/CSTC-A CSM, CSM JH, entitled "End of Tour Report," dated 1 March 2012.  The applicant stated:

* there was a lack of equity in selection of duty position within the CTC-A organization because no U.S. coalition forces were filling the leadership positions American forces were qualified to fill
* the awards system was centrally located and controlled, and was not merit based
* he indicated he was upset that he had requested an upgrade to awards on three separate occasions and had been denied and was not permitted to submit the completed awards packets to the CTC-A for review/upgrade consideration
* there was no standardization of awards

6.  He provided several email transmissions, mostly undated, wherein he asks about the process for requesting an upgrade to his end-of-tour award.  These transmissions also show the personnel he contacted provided him the process for requesting an upgrade.

7.  On 16 March 2012, CPT CM, the Region Chief of COIN MITT, South, submitted a request to upgrade the applicant's Army Commendation Medal to a Bronze Star Medal to the Commander of NTM-/CSTC-A, DCOM-P.  A DA Form 638 (D) was attached.  However, as previously stated, the recommendation was disapproved.

8.  He provided a letter from his Member of Congress, dated 31 August 2012.  This letter shows his member of congress was inquiring about his Army Commendation Medal being upgraded to a Bronze Star Medal.  

9.  The Chief of the Awards and Decorations Branch at HRC responded to his Member of Congress in a letter, dater 25 September 2012.  HRC stated the applicant's request for reconsideration for the Bronze Star Medal was disapproved.  HRC further stated, based upon the provided DA Forms 638, HRC officials note that on 19 March 2012 a request for reconsideration for the Bronze Star Medal was submitted through military channels and disapproved on 11 April 2012, by the award approval authority.  IAW Department of Defense and Army policy, one-time reconsideration by the award authority shall be conclusive. The Army trusts in commanders to make these decisions because they have firsthand knowledge of the Soldier's performance and accomplishments.  In this regard, HRC was unable to act upon the applicant's request as he has exhausted his 
one-time reconsideration by the award approval authority.

10.  Army Regulation 600-8-22 (Military Awards) states 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, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  

11.  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.  

12.  Army Regulation 600-8-22 states a request for reconsideration or the appeal of a disapproved or downgraded award recommendation must be placed in official channels within 1 year from the date of the awarding authority’s decision. One time reconsideration by the award approval authority will be conclusive. However, pursuant to Title 10 U.S. Code (USC), section 1130, a member of Congress can request a review of a proposal for the award or presentation of a decoration (or the upgrading of a decoration) that is not authorized to be presented or awarded due to time limitations established by law or policy for timely submission of a recommendation.  Recommendations are submitted for reconsideration or appeal only if new, substantive and material information is furnished and the time limits do not prevent such action.  Requests for reconsideration or appeal must be forwarded through the same official channels as the original recommendation.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, IAW NTM-A/CSTC-A FRAGO Number 11-799 (which he did not provide), the Director, CTC-A interfered in the awards process for his end-of-tour award by not submitting his award through the proper approval authority.  He further contends the Director, CTC-A, used the narrative from DA Form (A) to "cut and paste" the achievements to a DA Form 638 (B), the Director, CTC-A, discarded DA Form 638 (A) substituted DA Form 638 (B), and the Director, CTC-A did not have award signature authority.

2.  There is no evidence of record and he has not provided evidence to show the Director, CTC-A interfered in the awards process for his end-of-tour award by not submitting his award through the proper approval authority, or improperly discarded DA Form 638 (A).  Even if not submitted through appropriate channels, HRC, a higher award approval authority, later determined that the Army Commendation Medal was the proper award.

3.  The narrative the applicant provided with DA Form 638 (A) contains the same verbiage as the achievements listed in DA Form 638 (B).  However, it is entirely possible the recommender listed on DA Form 638 (A), decided not to submit his recommendation for a Bronze Star Medal, and provided a copy of the narrative to the recommender (Director, CTC-A) on DA Form 638 (B).  

4.  Director, CTC-A never signed his DA Forms 638 as an intermediate or approval authority.  The director only acted as a recommender.  

5.  The evidence of record shows DA Forms 638 (B) and (D) were signed/approved by the approval authorities.  DA Forms 638 (B) was approved as an Army Commendation Medal and DA Form 638 (D), a reconsideration for award the Bronze Star Medal, was disapproved.

6.  Based on the foregoing evidence, there is insufficient evidence to grant the requested relief.  


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)                                         AR20140000682





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ABCMR Record of Proceedings (cont)                                         AR20140000682



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