MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           10 May 2000                   
	DOCKET NUMBER:   AR2000037088

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson 		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Thomas B. Redfern III 		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his Army Commendation Medal, awarded for his participation in Operation Desert Storm, be upgraded to the Bronze Star Medal, the original award for which he was recommended.

APPLICANT STATES:  In effect, that he served in Operation Desert Storm and was recommended for the Bronze Star Medal; that he confronted his company commander and first sergeant for conduct prejudicial to good order and discipline and the award recommendation was never submitted; that when he made inquiries upon his return to the United States, he was threatened with the loss of his career; that he elevated the matter to his elected officials in the United States Congress and a recommendation for award of the Bronze Star Medal was submitted for approval; that the recommendation was downgraded to a lesser award (the Army Commendation Medal); that a subsequent attempt to restore the original award was denied.  In support of his request, he submits:  a copy of a 27 December 1999 letter from a staff sergeant who served as the unit training noncommissioned officer (NCO) attesting to the applicant’s performance of duty “Inspecting serviceability of the unit’s NBC equipment, fitting of protective masks, setting up and maintaining a perimeter defense, and maintaining the M8 chemical alarms . . . .” as well as exposing himself to “considerable risk” of sniper and small arms fire to go out and check the chemical alarms; a DA Form 2823, Sworn Statement, signed by the same individual who authored the above letter; a copy of a 24 June 1991 letter of appreciation to the applicant for participating in Operation Lifesaver at the King Fahd International Airport during his deployment to Southwest Asia during Operation Desert Storm; a copy of his 29 August 1986 Academic Evaluation Report (AER) for the NBC (Nuclear, Biological, Chemical) Specialist Course; a copy of his 6 June 1987 AER for the Primary Leadership Development Course (PLDC); a copy of a 17 August 1999 letter from the applicant to a colonel complaining about his award of the Army Commendation Medal when he felt he deserved a Bronze Star Medal.

EVIDENCE OF RECORD:  The applicant's military records show:

He was a staff sergeant (E-6) in the Arkansas Army National Guard (ARARNG) serving as an NBC NCO in a Medical Company.  From 30 December 1990 to 11 June 1991, he deployed to King Fahd International Airport, Saudi Arabia, in support of Operation Desert Storm.  His NCO Evaluation Report, DA Form 2166-7, for the period lists his daily duties as “performed NBC NCO duties in KSA.  Maintained and operated Chemical Agent Alarms during the hostile period, taught the use of the detection and decon equipment.  Monitored serviceability of Chemical Suits and masks.  Secured and disposed of hazardous chemicals contained in the M11A1 dispensers and excess.  Supervised decon teams and monitor teams.  Planned and monitored NBC defense positions and decon sites.” The rating he received for performing his duties was average.

Although the pertinent records are not in the applicant’s file, it is known that he was recommended for award of the Bronze Star Medal for his duty performance during Operation Desert Storm.  The recommendation was forwarded through official channels to the Army Decorations Board, which determined that the applicant’s actions, while meritorious, did not meet the criteria for award of the Bronze Star Medal.  The board directed that the applicant be awarded the Army Commendation Medal and Permanent Order 161-9, dated 13 October 1993, issued by Headquarters U.S. Total Army Personnel Command, Alexandria, Virginia, authorized the award.

Subsequent to his receipt of the Army Commendation Medal, the applicant appealed the award action through the Adjutant General of the State of Arkansas.  The appeal process was denied on 5 July 1994.

Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  The regulation states, in pertinent part, that the Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself or herself by heroic or 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.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant’s contention that his recommendation for award of the Bronze Star Medal was not submitted because of his actions to confront the unprofessional behavior of his chain of command can neither be confirmed nor denied.

2.  The applicant was recommended for a Bronze Star Medal for his duty performance during Operation Desert Storm.  The Army Decorations Board downgraded that recommendation to an Army Commendation Medal upon review.  The Army Commendation Medal was awarded on 13 October 1993.  His appeal for reconsideration was denied in 1994.

3.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.  His past AERs at the NBC Course and PLDC have no bearing on his request.  His letter of support from a fellow staff sergeant does not describe duty performance so extraordinary as to warrant the award of a medal higher than the Army Commendation Medal.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__mkp___  __gdp___  __tbr___  DENY APPLICATION

						Carl W. S. Chun
				      Director, Army Board for Correction
					         of Military Records

INDEX

CASE ID	AR2000037088	
SUFFIX		
RECON		
DATE BOARDED	20000510	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	107.0014	
2.		
3.		
4.		
5.		
6.