ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 May 2019 DOCKET NUMBER: AR20170009546 APPLICANT REQUESTS: Upgrade of his Army Commendation Medal (ARCOM) with "V" Device to award of the Bronze Star Medal (BSM) with "V" Device. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * statement, SSG X , dated 13 October 2004 * statement, MAJ X , dated 13 October 2004 * statement, SFC X , dated 13 October 2004 * statement, SSG X , dated 13 October 2004 * DA Form 1156 (Casualty Feeder Report), dated 15 October 2004 * DA Form 1166 (Witness Statement on Individual), dated 15 October 2004 * SF 600 (Chronological Record of Medical Care), dated 15 October 2004 * Permanent Order 294-023D, Headquarters, Multinational Brigade-North (Task Force Olympia (TFO)), Mosul, Iraq, dated 19 October 2004 * DA Form 4980 (Purple Heart Certificate) * statement, (Applicant), dated 28 October 2004 * statement, MAJ X , dated 29 November 2004 * photo of (Applicant) and his son, circa 2004 * DA Form 638 (Recommendation For Award), dated 8 February 2005 * BSM narrative to accompany award of BSM for (Applicant), undated * BSM citation to accompany award of BSM for (Applicant), undated * DA Form 4980 (Certificate Army Commendation Medal), dated 7 February 2005 * DD Form 214 (Certificate of Release or Discharge from Active Duty) * privacy release, Congressman Steve Knight, dated 25 February 2016 * letter, Honorable Steve Knight, U.S. House of Representatives, dated 19 April 2017 * letter, Honorable Steve Knight, U.S. House of Representatives, dated 31 May 2017 * FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, in effect, the downgrade of his recommendation for a BSM with "V" Device may have been approved in haste without fully examining all the information that was submitted with the original recommendation. Information overlooked included his own statement, witness statements, and his actions regarding a suicide bomber and his award of the Purple Heart (PH). He was not interviewed regarding his actions on the day in question. 3. On 11 August 2004, the applicant was ordered to active duty in support of Operation Iraqi Freedom (OIF) and served in Iraq from 7 September 2004 through 29 June 2005. 4. He provided a statement from SSG X , dated 13 October 2004, who rode in vehicle three of a three-vehicle convoy, describing an incident involving a vehicle borne improvised explosive device (VBIED). : a. On 13 October 2004, the 426th Civil Affairs Battalion conducted a mission in a three M-1114 (Humvee) convoy to LSA Diamondback. The convoy proceeded through checkpoint ING. b. A white Hyundai VBIED emerged from a gap in a wall on the right of the convoy. It rammed vehicle two in the convoy and detonated, creating an 8 foot wide, 4 feet deep hole. Vehicle 1 fled. Vehicle three, where he was, swerved around the crater. Vehicle 2 had its turret blown off and was on fire. SSG X had been thrown out of it. The applicant exited vehicle one with all its Soldiers except the driver. They began perimeter security and suppressing fire. The applicant engaged enemy small arms fire. The applicant ran across the kill zone to vehicle two to give medical assistance to wounded Soldiers. c. They loaded the wounded in vehicle three and transported them to vehicle one. The applicant and he ran along its side but were left behind and had to run to vehicle one. Rounds were cooking off in vehicle two. 5. He provided a statement from MAJ X , dated 13 October 2004, who was in vehicle one with the applicant. After the VBIED attack, the applicant provided covering fire from a small arms fire attack. Vehicle two was covered in flames. The applicant voluntarily exposed himself to observation and gunfire running 100 meters to vehicle three while firing his weapon at enemy positions. He assisted loading injured in vehicle three. The applicant then returned to vehicle one, crossing an open area where 1. enemy fire was concentrated. They returned to Forward Operating Base (FOB) Freedom and unloaded injured. 6. He provided a statement from SFC X , dated 13 October 2004, who was driving vehicle one in which the applicant rode. This statement essentially reflects the statements of the other Soldiers with him in vehicle one. The applicant ran to vehicle two as it burned and attempted to rescue two Soldiers who were trapped inside. Another Soldier, SSG X , also attempted to rescue the two Soldiers. The applicant and SSG X rescued a Soldier thrown from vehicle two, while the trapped Soldiers could not be rescued. 7. He provided a statement from SGT X , dated 13 October 2004, who drove vehicle three, and witnessed the VBIED attack. According to his statement, the applicant took small arms fire while firing back as he ran toward vehicle three, assisting with the recovery efforts. The applicant assisted MAJ X in giving medical care to and rescuing SPC X , then pulling him to vehicle three. The gunners in vehicles one and three laid down suppressive fire, keeping more Soldiers from being injured. 8. He provided a DA Form 1156, dated 15 October 2004, showing he was wounded by a VBIED attack with neck, shoulder, and back injuries from the concussion. He was treated at the troop medical center (TMC) at FOB Freedom and returned to duty. 9. He provided Permanent Orders 294-023D, dated 19 October 2004, showing he was awarded the PH. 10. He provided a statement, dated 28 October 2004, outlining details of the VBIED attack on his convoy. He was one of 15 Soldiers in the three vehicle convoy. When the VBIED struck, his vehicle was tossed in the air. He thought they had been hit, and they were engulfed in smoke and debris. His 249 SAW Gunner, SPC X , fell from the turret and struck him. Vehicle two was on fire and he ran to it with three other Solders. He was injured and in pain but returned fire on the enemy. He could hear rounds flying by and skipping off the ground as he ran. He went to the driver side of vehicle two to help CPT X rescue 1LT X . He then went to help MAJ X rescue SPC X , who was badly wounded. He gave medical assistance. There was more small-arms fire from the enemy. Two Soldiers were killed in action in vehicle two. He recommended to MAJ X they should evacuate the injured because the remaining two Soldiers in vehicle two were already deceased. He ran along the side of vehicle three with SSG X because there was no room for them with the wounded already loaded. They were left in the open as vehicle three left and had to dodge rounds around them. They made it to vehicle one and evacuated to FOB Freedom. Afterwards he began to feel his injuries and sought treatment at TMC. 11. He provided a statement from MAJ X , dated 28 October 2004, detailing his observations of the applicant: "I observed [Applicant], at our Humvee assisting with security. [Applicant], in complete disregard for his own safety and under enemy fire, he 1. ran approx. 150 ft to our (the third) Humvee to assist w/security and assist w/the wounded." 12. He provided a DA Form 638, dated 9 February 2005, on which he was recommended for award of the BSM with "V" Device. The approval authority, a general officer, approved award of the ARCOM with "V" Device, which was the award announced in Permanent Order Number 038-008D. 13. On 1 August 2005, he was released from active duty. The DD Form 214 issued at that time shows he was awarded the Army Commendation Medal with "V" Device. 14. Army Regulation 600-8-22 (Military Awards) states: a. 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Armed Forces of the United States or a friendly foreign nation 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. c. The bronze “V” (for valor) device indicates acts of heroism involving conflict with an armed enemy. The device is authorized for wear with the Army Commendation Medal, the Air Medal, and the Bronze Star Medal. d. A Bronze Star Medal recommendation that is downgraded will be approved as an Army Commendation Medal. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. Based upon the documentary evidence presented by the applicant and found within the military service record, the Board concluded there was insufficient evidence to show an error or injustice which would warrant making a change to the ARCOM award issued to the applicant previously. For that reason, the Board recommended denying the applicant’s request for relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING MG: PB: BS: DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 5/13/2019 X CHAIRPERSON Signed by: 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Armed Forces of the United States or a friendly foreign nation 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. c. The bronze “V” (for valor) device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal. Although more than one award of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one “V” device may be worn on awards of these medals. d. When the Bronze Star Medal is awarded for heroism, a bronze "V" device is worn on the suspension and service ribbon of that medal. A Bronze Star Medal recommendation that is downgraded will be approved as an Army Commendation Medal.