ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 March 2019 DOCKET NUMBER: AR20180010022 APPLICANT REQUESTS: award of the Silver Star. He also requests a personal appearance before the Board. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Two Self-Authored Statements * Two DA Forms 2823 (Sworn Statement) * Memorandum, subject: Combat Infantry Badge Narrative for Qualifying Incident * Excerpt of DA Form 67-9 (Officer Evaluation Report (OER)) * Two DA Forms 638 (Recommendation for Award) * Narrative for the Silver Star * Memorandum, subject: Commander’s Performance Statement (Applicant) * Letter to Ms. X__ from XXX (Former Commander) * 13 Letters to Representatives from AJS * Eights Responses from the Awards and Decorations Branch (ADB), U.S. Army Human Resources Command * Four Letters to ADB, HRC * Four Letters to XX (Former Commander) FACTS: 1. The applicant states he is requesting the Silver Star for actions on 27 August 2009. He has made multiple attempts to contact his chain of command (specifically XX) and his brigade surgeon, who immediately signed off on the award and returned it to him to forward it up the chain. He was initially able to contact XX and forwarded it to him. He returned it stating he was done with the Army and would not sign it. There was never any discussion or suggestion that the award was not justified, just that he was no longer part of the Army and was not going to do anything to help with the award. He has attached additional information to support the award. The award was never disapproved or recommended to be downgraded. Vital personnel in the chain of command refused to sign off on the award and forward up the chain of command after being relieved of duty and discharged from the military. Multiple attempts to forward the award through elected officials have not found a way to establish a chain of command to review and approve the award. 2. The applicant provides: a. A self-authored statement, dated 12 November 2018, which states: (1). There is a large pile of correspondence referencing his attempt to have the Silver Star Medal awarded for action that occurred on 27 August 2009. They have tried every avenue demanded of them, as well as tried every other possible avenue to bring this to a conclusion. They have been in communication with the awards branch a minimum of four times and have responded to requests for and provided required information with each and every response. (2) He has three letters demonstrating attempts to contact XX who, because of personal reasons and unfavorable final actions with the Army requiring his retirement, he has refused to either help with his request or even respond in spite of letters being sent to his home and place of employment. (3). His previous commander, XX downgraded his tour award which included the actions requiring close air support (which happened two days before the subsequent fire fight with XXX (his former company commander). He feels this supports his continued actions in regards to his request which several of his subordinates received Bronze Star Medals for their tour, without even going outside the wire. (4). When he was called upon to go for his third combat tour, he left a very comfortable job with a large six figure income without any reservation. He answered the call to duty without hesitation because it was the right thing to do and he knew he could make a difference. He took a 70% pay cut to go to a remote firebase in Afghanistan. Upon arriving in theater, he was offered a very cushy position at a large base in Kabul, and was then offered a position in a large medical facility. He requested to be with a unit that could use his unique skill set, because it was the right thing to do. Once he arrived at his remote firebase in Afghanistan, he realized that convoys that put his Soldiers at risk of enemy contact also left them a long way from him and medical care. So, on a daily basis, he accompanied the Soldiers on convoys because it was the right thing to do. He put himself in harm’s way on multiple occasions and fought alongside the Soldiers he was sworn to protect. He was a 54 year old emergency medicine physician who could have easily requested a much easier tour of duty. (5). The actions of 27 August 2009 impacted and changed his life forever. All he is asking is that someone from the Army step up and do the right thing and acknowledge the actions of that day. He has done everything the Army asked of him both during his career and in the submission of paperwork for this award. Since no one in his command would step up and do the right thing and sign off on the award, he is asking someone to help him. b. An unreadable DA Form 2823 submitted by CPS on or about 27 August 2009. c. A DA Form 2823 written by the applicant, dated 29 August 2009. He states: (1) On the afternoon of 27 August 2009, he was requested to respond with the quick reaction force (QRF). He was advised the convoy was at risk for possible ambush and was receiving intermittent small arms fire. The intent was to go to the police headquarters and wait for the convoy to emerge at their location and continue to escort them. They received a call that the convoy had been hit with a rocket propelled grenade launcher (RPG), disability the vehicle and causing it to overturn. They responded. They were en route and were informed that there was sporadic small arms fire. Approximately 200 meters north of the objective, they crossed a culvert. Later, the sporadic small arms fire went from sporadic to fairly constant with RPG fire becoming quite heavy. (2) During this time period, the applicant became aware of Soldiers calling for a medic. Since it was just another Soldier and himself in the isolated location, he fired a few random bursts through the tree line and had 1 more individual attempt to cross his field of view and he was stopped after another burst of fire from an M4. It was then he realized the medic calls had now changed to doc and he felt that he was most likely needed elsewhere. He left the area and went back to overturned vehicles. He quickly made his way to XXX who was obviously in shock laying in the road being tended by medics. They had already taken steps to stop blood loss and assess for injuries besides his obvious forearm gunshot wound. (3) He then assessed whether XXX had any lower extremity [injuries] and whether [illegible] evacuation from the ditch to a vehicle. When it was determined that he could be [illegible] located about 20 or 30 meters north of their location (trying to make himself as [illegible]) back up and get as close as possible to XXX. The interpreters that were in the [illegible] at the time [illegible] position of safety and went into another vehicle exposing themselves to small arms fire. He then stepped outside the vehicle to alert them to bring [illegible]. Once he was [illegible] they proceeded north a short ways and made it clear to all U.S. Forces that they would be leaving the area and that everyone [illegible] sensitive items, and all personnel and they subsequently left. d. A memorandum for record, subject: Combat Infantry Badge (CIB), Narrative for Qualifying Incident which states that the purpose of the memorandum is to serve as supporting documentation of a qualifying incident for award of the Combat Infantry Badge for [illegible] during the fire engagement in Afghanistan 27 August [illegible]. (1) On 27 August 2009, the team was on mission in [illegible] by way of Little Pluto in order to inspect the bridge [illegible]. The team had almost reached the end of Little Pluto, it was engaged in small arms and RPG fire. The crew serves responded and the convoy rolled through the ambush. Once at the [illegible] two of the vehicles became stuck and had to be recovered. Warriors then showed up on the east side of the river in response to their request for QRF. The dismounted men began pulling 360 degrees security with Sergeant X__ watching to the north with an [illegible]. The bridge was too light for vehicles and the ford was too soft, so the convoy began turning [illegible] around in order [illegible] travel back north of Little Pluto. Their two mentors then [illegible] across the bridge and mounted up with Warrior 6. (2) While the vehicles were turning around [illegible] engaged and suppressed a group of enemy armed with RPGs and AK47s [illegible]. Once the vehicles were turned around and the dismounts loaded [illegible] travel north on Little Pluto. Soon after leaving the ford site [illegible] small arms and RPGs. The crew serves engaged the enemy and [illegible] north while under increasingly heavy fire from both sides of the [illegible]. (3) Eventually VTT-14 took an RPG hit to the front left tire disabling the vehicle and causing it to roll over onto its left side. The crew rolled vehicle then loaded [illegible] three remaining vehicles. The rear gunner of the convoy then saw and RPG team trying to cross the road from the east to the west and engaged. Seeing that the enemy was trying to flank the convoy, the dismounts took over a walled compound to the west of the road. By this time the enemy was to the northwest, southwest and southeast. (4) During this time, the remaining three gunners were actively engaging the enemy while taking heavy small arms fire. A short time after taking the compound, QRF arrived and XXX began inspecting the downed vehicle. It was then observed that the enemy [illegible] from the south east to the north east. Staff Sergeant X__ and the applicant engaged the enemy denying them access to the north. The applicant was part of the vehicle ambulance. e. Excerpt of DA Form 67-9, for the period 6 June 2009 to 3 October 2009. f. A self-authored statement, which states that he included a copy of his tour award. He thinks it gives an example of how the general was out of touch with what his troops were doing, and perhaps, why he was forced into retirement. He was applauded for “going above the call of duty” in his tour. His actions of 25 August 1009 (i.e. 27 August 2009) were included in this award as achievement number 4. This award was downgraded to an Army Commendation Medal. He thinks this gives insight into the difficulties he has endured in trying to get this award recognized. He thinks, had he been an organic member of the unit, instead of attached, it would not have been an issue. g. DA Form 638, for the period 12 June 2009 to 13 September 2009. The award was recommended for a Meritorious Service Medal by the first sergeant. Achievement #4 states the applicant was responsible for evacuation three wounded Afghanistan National Army Commandos from hostile area of operations while under constant enemy fire. The applicant was close enough to the enemy contact that the close air support was required to drop ordinance within 100 meters of his position. He evacuated the three wounded Soldier to the German field hospital where he continued to care for them in surgery and arranged for a medevac in order to accomplish further treatment. The award was downgraded to an Army Commendation Medal by XX, the commander at the time. h. DA Form 638, for 27 August 2009, dated 19 December 201[last digit of year illegible]. The award references the attached narrative (summarized below). i. Narrative recommendation for award of the Silver Star Medal to the applicant. It states: The applicant distinguished himself by exceptionally meritorious conduct in the performance of outstanding service to the United Sates as the Battalion Surgeon in Afghanistan on 27 August 2009, during Operation Enduring Freedom. On that day, the applicant responded with the QRF to an ambush on a small convoy that resulted in one of the convoy’s vehicles being overturned. After arriving at the site of the overturned vehicle, the applicant began to videotape the overturned vehicle in hopes that engineers could improve the protection of the vehicle. At that time, they came under small arms fire from an unknown number of enemy fighters. The applicant immediately ran to an area he had previously noticed would give him the opportunity to observe and prevent enemy fighters from maneuvering around the forces near the incapacitated vehicle. Within minutes of arrived in his defensive position, he saw two enemy fighters armed with RPGs and small arms attempting to outflank their position. He immediately engaged and killed the enemy fighters. The applicant continued to monitor his position and two additional Soldiers attempted to run past his position, and they were also engaged and stopped. When he heard a call for a medic, he left his firing position and ran down the road exposing himself to the continuing gunfire to the wounded Soldier. After arriving at the wounded Soldier and assessing his wounds, he determined that he needed to be moved into a vehicle where advanced procedures could be started. The Soldier was unable to get up and get to the nearest vehicle that was about 40 meters away, the applicant got up, and again exposing himself to continued enemy fire, ran to the nearest vehicle, climbed in the back of the vehicle and guided the driver to the wounded Soldier. Once the wounded Soldier was in the vehicle, the applicant began advanced medical treatment, directed an evacuation of the area once all the Soldiers were accounted for, and then requested an airstrike on the disabled vehicle to prevent classified information from falling into enemy hands. Once they arrived at the field hospital, the applicant continued to care for the patient in the operating room, and then arranged medevac for the patient. His willingness to bring the highest level of medical care to the forward most point of combat operations added an immeasurable level of confidence to the combat operators, enhancing their already stellar performance. j. Memorandum, subject: Commander’s Performance Statement and Letter of Support from XXX (former commander), dated 29 June 2012 and 13 March 2014. It states, in pertinent part: (1) He first met the applicant in June of 2009 while he was serving as an infantry company commander in Afghanistan. The applicant was a battalion surgeon and would normally be kept at a battalion headquarters to treat Soldiers wounded in action or injured in the process of conducting their duties. He was fortunate to have the applicant attached to his company. (2) One 6 July 2009, he lost four Soldiers to an improvised explosive device. The applicant would travel with him and his team to the site in order to secure the location and provide additional care for the wounded. When they arrived, they met with the Soldiers already at the location and were notified that the four Soldiers were killed in action. After a quick assessment of the situation, they went to collect the dead. (3) The applicant also treated numerous injured, sick, or wounded Afghan civilians, police officers, and Army Soldiers. While at the forward operating base, he instituted a rigorous training program for the company medics. He worked tirelessly to ensure that the medics were as best prepared for what still lay ahead. (4) The paragraph pertaining to 27 August 2009 is blacked out, but legible in the Letter of Support. On the night of 27 August 2009, the applicant again rolled out with him and his WRF when they received a radio call that one of his platoons was engaged with a numerically superior force and pinned down. Upon arrival at the location of the battle, the applicant immediately went to check to see if there were any wounded. He repeatedly exposed himself to heavy enemy fire in order to assess the medical situation. While they were engaged with the enemy, he (FJB) sustained a gunshot wound. After the medic looked at his wound, they called for the applicant. The applicant left a covered and concealed position to move to his location and assess his condition. He determined that they needed to leave to save his life. The applicant ran through enemy fire to secure a vehicle to move him. The applicant then came back to his position and they ran to the vehicle. Once all of the Soldiers were accounted for, they broke contact and moved to the forward operating base. Once they arrived at the hospital, the applicant and a Bavarian surgeon performed two of the twelve surgeries that he needed. He has no doubt that had it not been for the actions of the applicant that night, he would not have survived. k. The applicant’s submission contains 19 letters from a personal friend of the applicant’s to different individuals requesting assistance with the award of the Silver Star on behalf of the applicant. l. Eight responses to the personal friend of the applicant’s from the ADB, HRC, which all state, in pertinent part that they are unable to forward the recommendation for the Silver Star to the board due to missing documentation. m. A letter sent to XX (former commander) from the applicant, dated 8 August 2016. He requests the signature of the former commander for further processing of his award request. n. A response from ADB, HRC, dated 2 November 2018 which states that they have communicated with AJS on multiple occasions regarding his request for the Silver Star. They advised the applicant to contact the Army Board for Correction of Military Records for a final decision concerning the matter. 3. A review of the applicant’s service records shows the following: a. He was appointed as a commissioned officer in the Army National Guard on 14 April 1992. b. He entered active duty on 28 October 2004. He served in Iraq from 27 November 2004 to 5 June 2005. He was honorably released from active duty on 2 July 2005. c. He entered active duty on 31 August 2006 and served in Kuwait and Iraq from 10 September 2006 to 10 December 2006. He was honorably released from active duty on 26 December 2006. d. He entered active duty on 6 June 2009 and served in Afghanistan from 13 June 2009 to 18 September 2009. He was honorably released from active duty on 3 October 2009. His DD Form 214 shows he completed a total of 1 year and 1 day of active service and 16 years, 2 months, and 16 days of inactive service. 4. His records are void of documentation awarding him the Silver Star. 5. By regulation, the Silver Star is awarded for gallantry in action against an enemy of the United States while engaged in military operations involving conflict with an opposing foreign force. The required gallantry, while of a lesser degree than required for the Distinguished Service Cross, must nevertheless have been performed with marked distinction. Awards of decorations will be announced in permanent orders by the appropriate awards approval authority. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The Board agreed the action did not meet regulatory guidance for award of the Silver Star. In addition, the action in question is listed in an achievement block on an MSM that was downgraded to an ARCOM by his chain of command. Regulatory guidance provides only one decoration will be awarded to an individual for the same act, achievement, or period of service. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCE: Army Regulation 600-8-22 (Military Awards) provides Army policy, criteria, and administrative instructions concerning individual military decorations. a. Paragraph 1-19 (Duplication of awards) states only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service. b. Paragraph 1-27 (Announcement of awards) states awards of decorations and the Army Good Conduct Medal will be announced in permanent orders by the appropriate awards approval authority. c. The Silver Star is awarded to a person who, while serving in any capacity with the U.S. Army, is cited for gallantry in action against an enemy of the United States while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in armed conflict against an opposing armed force in which the United States is not a belligerent party. The required gallantry, while of a lesser degree than required for the Distinguished Service Cross, must nevertheless have been performed with marked distinction. ABCMR Record of Proceedings (cont) AR20180010022 9 1