IN THE CASE OF: BOARD DATE: 14 September 2021 DOCKET NUMBER: AR20200008936 APPLICANT REQUESTS: reconsideration of his previous request to change his award of the Army Commendation Medal (ARCOM) to a Bronze Star Medal (BSM). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Personal Statement * ARCOM Certificate * Another statement FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080015403 on 30 December 2008. 2. The applicant states his meritorious achievement award should be classified as in the degree needed for award of the Bronze Star Medal, which is above the Army Commendation Medal. The regulation in the officer's guide states to award the Bronze Star Medal is the same degree of meritorious achievement as that required for award of the Army Commendation Medal. Because of this, he believes the commendation he was recommended for by his commanding officer clearly describes a very superior achievement than a routine duty by him. He adds that the officer making the recommendation was his commanding officer and was present when the patrol occurred on 15 February 1963 and knew all the facts. He adds in a personal statement: * he did not know his achievement qualified for award of the Bronze Star Medal for the same action that led to award of the Army Commendation Medal * he feels the Board's decision to neglect (i.e., deny) his previous request is unfair * he could not find in Army Regulation (AR) 600-45 (Awards) the distinction between the Army Commendation Medal and the Bronze Star Medal, for action against an enemy of the United States * it is desirable to award this medal to outstanding company grade officers * his meritorious achievement was truly superior and outstanding based on his commanding officer's description and recommendation * he was 22 years old at the time, and served in Korea as a platoon leader; he had very little experience but he displayed outstanding leadership, a superior manner of conduct, and he methodically planned and rehearsed his patrol in an excellent manner 3. Review of the applicant's available records shows: a. He was appointed as a Reserve commissioned officer of the Army in the rank of second lieutenant on 28 July 1951. b. He entered active duty on 24 September 1951. He served in Korea from 7 August 1952 through 24 August 1953. He was assigned to Company F, 7th Cavalry Regiment, as an infantry platoon leader. c. General Orders Number 213, issued by Headquarters, 7th Infantry Division on 11 May 1953, awarded him the ARCOM for meritorious service in Korea from 15 February to 16 February 1953. d. The accompanying award citation states the applicant received the award for meritorious achievement which consisted of his organizing and executing an ambush patrol in enemy territory. The citation indicates there was no contact with the enemy during the patrol. e. He was honorably released from active duty on 12 September 1953, in the rank of first lieutenant (1LT), and transferred to the U.S. Army Reserve. His DD Form 214 (Report of Separation from the Army Forces of the United States) shows he completed 1 year, 11 months, and 19 days of active military service. It also shows he was awarded or authorized: * Korean Service Medal with 3 bronze service stars * United Nations Service Medal * Commendation Ribbon with Metal Pendant (Army Commendation Medal) * Purple Heart f. The applicant was advised by the U.S. Army Human Resources Command that his request could not be presented to the Army Decorations Board for consideration because he failed to provide new, substantive, and material information concerning why the award should be changed. g. On 30 December 2008, the Board denied his request. The Board determined: (1) By regulation, the ARCOM may be awarded during both war and peace, and for combat and noncombat actions. The governing awards regulation at the time of the applicant's service did not prohibit award of the ARCOM for achievement or service in combat and given the citation for his award confirms there was no contact with enemy forces during the patrol in question, it must be presumed the award approval authority at the time determined the operational requirements necessary to support award of the BSM had not been met and that the ARCOM was the appropriate award to recognize the applicant's achievements for planning and executing this patrol. (2) As a result, absent any additional compelling evidence that the decision to award the ARCOM was in error or unjust, or that would clearly support award of the BSM, there is an insufficient evidentiary basis to support granting the requested relief. h. In August 2019, the U.S. Army Human Resources Command issued him a certificate to recognize his award of the ARCOM. It states: For meritorious achievement during the period 15 February 1953 to 16 February 1953. At this time, [Applicant] was given the mission of organizing an ambush patrol to be conducted in conjunction with a simulated shot-down aircraft and a dummy parachute drop. After much planning and rehearsing, [Applicant] moved his patrol into enemy territory to the appointed location of the drop. After the dummy parachute was dropped, [Applicant] and his men waited in the bitter cold for approximately three hours waiting for the enemy. The enemy refused to investigate and the patrol was ordered back to friendly lines. In order to visibly screen the area for enemy, [Applicant] requested illuminating flares be fired over his position. When no enemy could be found, [Applicant] led his men back to the Main Line of Resistance. The meritorious achievement of [Applicant] reflects great credit on himself and the military service. 4. By law (10 USC, section 1130) and regulation (AR 600-8-22), except for award recommendations submitted in accordance with the provisions of 10 USC 1130, each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored, with exception of the Medal of Honor, Distinguished Service Cross, and Distinguished Service Medal. (1) An award recommendation will be considered to have been submitted into military channels when it has been signed by the initiating officer and endorsed by a higher official in the chain of command. However, pursuant to 10 USC 1130, a Member of Congress can request consideration of a proposal for the award or presentation of decoration (or the upgrading of a decoration), either for an individual or unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy. (2) Based upon such review, the Secretary of the Army will make a determination as to the merit of approving the award or presentation of the decoration and other determinations necessary to comply with congressional reporting requirements under 10 USC 1130. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Based upon a preponderance of the evidence, the Board determined there is insufficient evidence to amend the previous Board’s decision. 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 to amend the decision of the ABCMR set forth in Docket Number AR20080015403 on 30 December 2008. 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. Army Regulation 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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. b. 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. 2. Army Regulation 600-8-22 further states in paragraph 1-14, except for award recommendations submitted in accordance with the provisions of Section 1130, Title 10, United States Code (10 USC 1130), which are outlined below and in paragraph 1–15 and appendix F, each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored, with exception of the Medal of Honor, Distinguished Service Cross, and Distinguished Service Medal. An award recommendation will be considered to have been submitted into military channels when it has been signed by the initiating officer and endorsed by a higher official in the chain of command. However, pursuant to 10 USC 1130, a Member of Congress can request consideration of a proposal for the award or presentation of decoration (or the upgrading of a decoration), either for an individual or unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy. Based upon such review, the Secretary of the Army will make a determination as to the merit of approving the award or presentation of the decoration and other determinations necessary to comply with congressional reporting requirements under 10 USC 1130 a. Title 10 USC 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, an applicant must submit a DA Form 638 (Recommendation for Award). The DA Form 638 should clearly identify his/her unit, the period of assignment, and the award being recommended. A narrative of the actions or period for which he/she 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. b. Title 10 USC 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress. Therefore, an applicant must submit his/her request through a Member of Congress who will send it to the U.S. Army Human Resources Command, 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200008936 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1