IN THE CASE OF:	  

		BOARD DATE:	  16 June 2015

		DOCKET NUMBER:  AR20140018064 


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:

	a.  Award of the Combat Action Badge.

	b.  Award of the Bronze Star Medal with "V" Device.

	c.  In effect, revocation of the already-awarded Defense Meritorious Service Medal and the issuance of an upgraded award in the form of a Bronze Star Medal for service. 

	d.  A personal appearance before the Board.

2.  The applicant states, in effect, that he requests three injustices to be corrected.  The injustices are rooted in a situation which occurred on 13 September 2011 while he was stationed at Headquarters, International Security Assistance Force (ISAF) in Kabul, Afghanistan.  His base was attacked by insurgents and he properly responded to the attack.  He provides sworn statements and numerous other documents.  He will provide the Board the facts (not his facts, but the full and true facts) and he believes those facts will clearly show he was not treated properly or fairly.  He attempted to resolve these matters before leaving Afghanistan but the bureaucracy and culture were not interested in giving assistance, following regulations, and treating him fairly or with respect.  He contends the Awards Committee, the U.S. National Support Element Office, the U.S. Senior Representative, and the Base Support Group (BSG) all cooperated to deny him his proper recognition.  All of this was because he reacted to the attack in a quick, forceful, and proper manner.  He believes his actions apparently "hurt the feelings" of the BSG and they negatively influenced ISAF headquarters. 

	a.  He asserts he was improperly denied a Combat Action Badge.

* the recommendation for disapproval, written by Colonel (COL) Nxxxxxxxxx, is incorrect and unjust; this recommendation comes before the disapproval by Major General (MG) Sxxx Mxxxxxxxxx
* COL Nxxxxxxxxx wrote, "I recommend disapproval for the following reasons:  1.  Based on the description of the target, [applicant] was out of max (maximum) effective range.  2.  [applicant] was not authorized to be firing from the position - BSG Security Mission"
* COL Nxxxxxxxxx's first reason is incorrect; the applicant includes the specifications for the M16A2 Rifle which will show he was firing within the weapon's maximum effective range
* the applicant also asserts others who were firing from the same area were awarded Combat Infantryman Badges, Combat Action Badges, and Navy and Air Force Combat Ribbons
* COL Nxxxxxxxxx's second reason is incorrect as well; there was no requirement to be in an "authorized" position when his immediate area was under attack
* the applicant contends he has a right to self-defense and followed the training he had received over the years as well as ISAF use-of-force policy
* his quarters were located next to the tower from which he fired his weapon; he reacted when he heard insurgents were trying to breach the back gate of the base and to do anything less would have been cowardly
* COL Nxxxxxxxxx might argue he was not part of the designated base defense squad, which is accurate; it is not necessary to be a part of a defense squad to defend his immediate area
* the BSG was run by an Air Force COL, to whom the applicant sent an email expressing his concerns regarding his treatment; no response was ever received; however, he later found his email laminated and posted in the BSG's break room
* the Awards Noncommissioned Officer (NCO) told him no one who was a part of the designated BSG would be approved for a Combat Action Badge; this was contrary to Army regulations
* he submitted a DA Form 4187 (Personnel Action), but it was "lost"; he prepared another and it was returned to him with COL Nxxxxxxxxx's unjust and incorrect comments
* he met with COL Nxxxxxxxxx, but he was not interested in the sworn statements, rifle specifications, or use of force regulations the applicant provided
* the sworn statements, written by a captain (CPT), a lieutenant colonel (LTC), and a Navy petty officer all indicate he acted properly, bravely, and decisively 
* U.S. Forces-Afghanistan (USFOR-A) Military Awards Policy Guidance Memorandum states all personnel shall receive tangible recognition for acts of valor and heroism, and for exceptional service or achievement; COL Nxxxxxxxxx's recommendation was not consistent with this policy
* The Awards Committee, BSG, U.S. National Support Element Officer, and the Senior National Representative did not stand by him; they sought to characterize him as a "loose cannon" or "Rambo-wannabe"
* he includes three letters of commendation which show he was well-respected and viewed as hard-working and level-headed

	b.  The applicant contends he was unfairly denied the Bronze Star Medal with "V" Device for Valor.

* on 13 September 2011, when his base was attacked by insurgents; he responded properly according to his training
* he served two tours in Iraq and 3 tours in Afghanistan; he has a total of 61 months combat time
* after the attack he was disrespected by the Awards Committee, the U.S. National Support Element, and the BSG; he believes they ignored the sworn statements which he provided and set the system against him
* he believes when all of the facts are weighed and considered, it will clearly show his actions were correct and he should have received the award

	c.  The applicant states he was improperly and unjustly denied a Bronze Star Medal for service as his end-of-tour award.

* his difficulties began when he requested and was denied the award of the Combat Action Badge; both his efforts and those of his immediate chain of command to correct the award denial were apparently not appreciated by the awards committee and the award authority
* he believes there was a great discrepancy in the opinions about his 23 months of service and intends to show the awards system lacked quality control and attention to detail
* his initial submission for an end-of-tour award was improperly changed to state he preferred the Defense Meritorious Service Medal; this was not true
* after meeting with his chain of command, it was agreed the recommendation would be revised to show a recommendation for the Bronze Star Medal for service
* it took a while for his award recommendation to go through the process; it had not been finalized when he returned to the United States
* while waiting for a flight in Qatar, he received an email from CPT Sxxxx which showed he was awarded the Defense Meritorious Service Medal; the certificate showed the wrong spelling of his name and, based on his request, CPT Sxxxx agreed to have this corrected
* about 45 days later, CPT Mxxxxx came to the United States on leave and brought his award paperwork; it was still a Defense Meritorious Service Medal and the stated timeframe for the award was missing his first year there
* Despite his request, the award authority refused to sign another award certificate showing the correct period of service
* a new and corrected award recommendation for the Bronze Star Medal was submitted by COL Exxxxxxxx Bxxxxxx, but no action was taken by the awards committee
* the awards committee will surely assert no mistakes were made; however, the applicant provides two examples where he believes mistakes were clearly made
* he believes the culture within ISAF led to his difficulties
* to fight incorrect perceptions, he has included several documents, all of which show he was very responsible and clearly kept those within his care safe from harm

3.  The applicant provides:

	a.  In support of his request for the Combat Action Badge:

* DA Form 2823 (Sworn Statement), signed on 19 September 2011, completed by the applicant
* DA Form 2823, signed on 18 September 2011, completed by CPT Dxxxx L. Mxxxxxx
* DA Form 2823, signed on 28 September 2011, completed by LTC Dxxxxxx F. Mxxxxx, Jr.
* DA Form 2823, signed on 16 September 2011, completed by Operations Specialist Petty Officer First Class (OS1) Sxxxxxx V. Mxxxxxxx
* DA Form 4187-1-R (Personnel Action Form Addendum)
* DA Form 4187
* Memorandum, subject:  USFOR-A Military Awards Policy Guidance, dated 8 November 2010
* Soldier's Creed, printed from the website:  www.army.mil/values
* U.S. Military Code of Conduct, Article I
* extract from Army Pamphlet 360-512 (Code of the U.S. Fighting Force), paragraph 1 (Code of the U.S. Fighting Force)
* extract from Army Regulation 600-8-22 (Military Awards), paragraph 
8-8 (Combat Action Badge)
* M16A2 Rifle Specifications
* two letters of commendation
* one letter of recommendation
* two-page online article from PoliceOne.com News, titled 7 reasons the police culture is broken (and how to fix it)
* two DA Forms 2166-8 (NCO Evaluation Report (NCOER)) covering from 7 July 2010 through 7 June 2012

	b.  In support of his request for the Bronze Star Medal with "V" Device for Valor:

* memorandum, dated 7 December 2012, from CPT Dxxxx L. Mxxxxxx, subject:  Correction of [applicant]'s Record Review for Bronze Star Medal for Valor
* DA Form 2823, signed 18 September 2011, completed by CPT Dxxxx L. Mxxxxxx (noted above, but with different sections highlighted)
* DA Form 2823, signed 28 September 2011, completed by LTC Dxxxxxx F. Mxxxxx, Jr. (noted above, but with different sections highlighted)
* DA Form 2823, signed 16 September 2011, completed by Operations Specialist Petty Officer First Class (OS1) Sxxxxxx V. Mxxxxxxx (noted above, but with different sections highlighted) 
* extract from Army Regulation 600-8-22, paragraph 3-14 (Bronze Star Medal)

	c.  Supporting documents for the end-of-tour award of the Bronze Star Medal for service:

* letter, dated 31 December 2012, addressed to the Board and a handwritten note, undated and unsigned, both purported to be written by COL Axxx E. Txxxx
* memorandum, dated 7 December 2012, from CPT Dxxxx L. Mxxxxxx, subject:  Correction of [applicant]'s Record Review for Bronze Star Medal for Valor (noted above, but with different sections highlighted)
* DD Form 2412 (Defense Meritorious Service Medal Award Certificate) showing wrong dates
* DD Form 2412 (Defense Meritorious Service Medal Award Certificate) showing misspelled name
* Permanent Orders (PO) Number 099-008, dated 9 April 2012, issued by Headquarters, ISAF showing the applicant's award of the Defense Meritorious Service Medal for the period 18 July 2010 to 7 June 2012
* memorandum, dated 25 March 2012, for Deputy Chief of Staff, Operations, ISAF, from Brigadier General Sxxxxxx E. Jxxxx, subject:  Recommendation for Award of Defense Meritorious Service Medal
* memorandum, dated 1 May 2012, for Deputy Chief of Staff, Operations, ISAF, from COL Exxxxxxxx Bxxxxxx Director Headquarters, ISAF Telecommunications Advisory Team, subject:  Recommendation for Award of the Bronze Star Medal, with narrative and citation
* DA Form 638 (Recommendation for Award) showing the applicant was recommended for award of the Bronze Star Medal by COL Exxxxxxxx Bxxxxxx

CONSIDERATION OF EVIDENCE:

1.  With respect to the Combat Action Badge:

	a.  The applicant was recommended for award of the Combat Action Badge but the wartime approval authority disapproved the recommendation.  A request for reconsideration must be submitted on a DA Form 4187 and must include the following:  assignment, attachment, or operational control (OPCON) orders; a copy of the Soldier’s Enlisted Records Brief or DA Form 2-1; a one-page description of the qualifying incident; a certified copy of DD Form 214 (if applicable); and supporting documentation (for example: official unit reports; casualty report; line of duty investigation, two or more eyewitness statements from Soldiers who participated in same ground combat action, or Purple Heart orders or valor award (If applicable)).  The request must be routed through the Soldier's chain of command, to include an endorsement from the first Brigadier General in the chain, and should be sent by email to the Awards and Decorations Branch or through official mail to the Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, Dept 480, 1600 Spearhead Division Avenue,  Fort Knox, KY 40122-5408.  

	b.  Paragraph 2-5, Section II, Army Regulation 15-185 (ABCMR) requires applicants to have exhausted all administrative remedies available prior to submitting an application to the Board.  The applicant's request was denied and he has not requested reconsideration by the Commander, U.S. Army Human Resources Command; his application to this Board is premature.  Therefore, this portion of his request will not be further addressed in this Record of Proceedings.  

2.  As to the applicant's request for the award of the Bronze Star Medal with "V" Device:

	a.  Army Regulation 600-8-22, paragraph 1-14 (Time Limitation), states award recommendations must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored.  The act for which the applicant requests recognition occurred in September 2011 and is therefore beyond the 2-year limit.  

	b.  Title 10, USC, section 1130 allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy.  In order to request an award under Title 10 USC 1130, the applicant must submit a DA Form 638.  The DA Form 638 should clearly identify the unit, the period of assignment, and the award being recommended.  A narrative of the actions or period for which the member is requesting recognition must accompany the DA Form 638.  In addition, the award request should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events relative to the request.

	c.  Title 10, USC, section 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress.  Therefore, the applicant must submit his request through a Member of Congress who will send it to the U.S. Army Human Resources Command, Army Decorations Board, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

	d.  The applicant's request for the Bronze Star Medal with "V" Device was denied and he has not submitted his request to the Commander, U.S. Army Human Resources Command for the award under Title 10, USC, section 1130; his application to this Board is premature.  Therefore, this portion of his request will also not be further addressed in this Record of Proceedings.  
3.  After prior service in the Regular Army and the U.S. Army Reserve, the applicant enlisted in the Tennessee Army National Guard on 22 June 2004.  On 15 February 2008, he transferred to the Georgia Army National Guard (GAARNG).  His records show he deployed twice to Iraq and three times to Afghanistan.  He is currently serving in the GAARNG, in the rank of staff sergeant (SSG)/E-6.

4.  His record shows he was mobilized and deployed to Afghanistan on 18 July 2010.  The duty position shown on his NCOERs for this period of deployment first shows Lead Driver/Assessment NCO in charge (NCOIC), then Deputy Chief of Staff (DCOS) Stability Lead Driver/NCOIC.  He redeployed from Afghanistan on 7 June 2012.

5.  His records contain an award certificate for the Defense Meritorious Service Medal showing the authority as PO Number 099-008.  

6.  On 12 November 2012, the applicant was honorably released from active duty and returned to the GAARNG.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 2 years, 4 months, and 6 days of net active creditable service this period.  He also had 7 years, 7 months, and 5 days of prior active service and 7 years, 5 months, and 10 days of prior inactive service.  His DD Form 214 shows he was awarded or authorized:

* Afghanistan Campaign Medal with three bronze service stars
* Israeli Defense Force Parachutist Badge
* North Atlantic Treaty Organization (NATO) Afghanistan Medal (2nd Award)
* Defense Meritorious Service Medal
* Army Commendation Medal (2nd Award)
* Army Achievement Medal (2nd Award)
* Meritorious Unit Commendation
* Army Good Conduct Medal
* Army Reserve Components Achievement Medal (2nd Award)
* National Defense Service Medal (2nd Award)
* Armed Forces Expeditionary Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with one bronze service star (2nd Award)
* NCO Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon (6th Award)
* Armed Forces Reserve Medal with "M" Device (2nd Award)
* NATO Medal (3rd Award)
* Combat Infantryman Badge
* Parachutist Badge
* Driver and Mechanic Badge with Driver-Wheeled Vehicle Clasp
* Canadian Parachutist Badge
* German Army Marksmanship Badge Bronze

7.  Army Regulation 600-8-22 states:

	a.  Only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

	b.  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.  

8.  Department of Defense (DOD) Manual Number 1348.33, Volume 1 (Manual of Military Decorations and Awards:  General Information, Medal of Honor, and Defense/Joint Decorations and Awards) provides procedures for Defense and Joint awards and decorations.  It states, in pertinent part:

	a.  The Defense Meritorious Service Medal is the third highest Defense/joint peacetime award.  It is not the same as a Meritorious Service Medal, which is awarded by each separate Military Department.  It is awarded in the name of the Secretary of Defense (emphasis added) to any active duty member of the U.S. Armed Forces who, while serving in a joint activity, distinguishes himself by non-combat meritorious achievement or service.

	b.  The Defense Meritorious Service Medal will not be awarded for any period of service for which a Military Department medal is awarded.  Recommendations are submitted to the appropriate approval authority.  

9.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The ABCMR will decide cases on the evidence of record.  It is not an investigative body.  Applicants do not have a right to a hearing before the ABCMR.  The Director or the ABCMR may grant a formal hearing whenever justice requires.  Additionally, applicants may be represented by counsel at their own expense. 
DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for a personal appearance hearing was carefully considered.  However, by regulation, an applicant is not entitled to a hearing before the Board.  Hearings may be authorized by a panel of the Board or by the Director of the ABCMR.  In this case, the evidence of record and independent evidence provided by the applicant is sufficient to render a fair and equitable decision at this time.  As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case.

2.  The applicant requests, in effect, revocation of the Defense Meritorious Service Medal that he received for his service in Afghanistan during the period 
18 July 2010 to 7 June 2012 and the issuance of an upgraded award in the form of the Bronze Star Medal.  

3.  The Defense Meritorious Service Medal is a DOD-level award.  This Board addresses corrections to U.S. Army records; any actions regarding this award are out of the Board's purview.  Additionally, the Defense Meritorious Service Medal is shown as the award the applicant was given for his service in Afghanistan during the period 18 July 2010 to 7 June 2012.  Therefore, he is not eligible for an additional service award for that same period.

4.  There is no counterpart to the Board at the DOD level; however, as noted on page 7, paragraph 2d, a possible avenue for resolution may be for the applicant to petition his Member of Congress for an upgrade of his Defense Meritorious Service Medal.

5.  Based upon the foregoing, the requested relief cannot be granted.

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)                                         AR20140018064



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ABCMR Record of Proceedings (cont)                                         AR20140018064



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