IN THE CASE OF: BOARD DATE: 1 June 2023 DOCKET NUMBER: AR20220012140 APPLICANT REQUESTS: upgrade of Army Commendation Medal to Army Commendation Medal with "V" device. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-authored Statement, undated * certificate, Army Commendation Medal, 1 November 2003 * memorandum, Record of Combat Action, 18 January 2004 * DA Form 638 (Incomplete), 9 December 2004 * citation, Bronze Star Medal with Valor Device, undated * memorandum, proposed citation for Bronze Star Medal, 21 December 2004 * Permanent Orders 303-43, Army Commendation Medal, 30 October 2009 * memorandum, Review/Reconsideration of applicant's Award Recommendation, 13 May 2022 * DA Form 638 (Incomplete), 6 June 2022 * letter, Request for Assistance to Congressman, 14 June 2022 * letter, applicant letter to Army Review Board Agency (ARBA), 2 September 2022 * memorandums (x3), support of applicant's actions for award, undated FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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, that he was originally recommended for a Bronze Star Medal with Valor device for his actions in Iraq in December of 2003. The recommendation was not processed and presumed lost. Recommendations were submitted for a second and third time, and the applicant was ultimately awarded the Army Commendation Medal in June of 2010. The Army Commendation Medal that was awarded to the applicant mentions his engagement and suppression of the enemy, but he was not given the award with the Valor device, therefore he would like to have the award upgraded to reflect his actions. 3. His military record does not contain evidence of recommendation for the Bronze Star Medal with V device or the Army Commendation Medal with V device, but the applicant provided two incomplete DA Forms 638 (Recommendation for Award) for the Bronze Star Medal with V device and Army Commendation Medal with V device. Both DA Forms 638 were signed by their respective recommenders but lacked any other signatures. 4. The applicant was appointed as a commissioned officer of the regular Army in the rank/grade of second lieutenant/O-1 on 19 May 1973 in the Infantry branch. His DD Form 214 for the period ending 31 May 2003, shows a net active service of 30 years and 12 days. He was retired with an honorable characterization of service in the rank/grade of Colonel (COL)/O-6. 5. In a memorandum dated 28 May 2003, by Headquarters, US Total Army Personnel Command, he was recalled to active duty on 1 June 2003 for a period of one year. 6. He states that on 1 November 2003 he was involved in a fire fight with enemy forces near the city of Al-Kut where he and a Ukrainian officer suppressed the enemy, forcing them to withdraw. The applicant states that he was the only American on the patrol at that time, and as a result it has been difficult properly documenting the actions for proper award. 7. On 11 February 2009, the applicant submitted an application to the ABCMR for reconsideration of the denial of the Bronze Star Medal with V device by HRC. His case was closed and returned without prejudice and without action by the Board on 27 July 2009. He was advised to submit his award recommendation to Army Human Resources Command (HRC) for processing in accordance with AR 600-8-22, paragraph 1-15. 8. HRC retroactively awarded the applicant the Army Commendation Medal on 30 October 2009. 9. The applicant provides two undated letters from senior officers of allied forces that corroborate the applicant's account of events on the evening of 1 November 2003. 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. The Board noted that the applicant’s military record does not contain evidence of recommendation for the Bronze Star Medal with V device or the Army Commendation Medal with V device, but he provided two incomplete DA Forms 638 (Recommendation for Award) for the Bronze Star Medal with V device and Army Commendation Medal with V device. Both DA Forms 638 were signed by their respective recommenders but lacked any other signatures. HRC previously considered his application and retroactively awarded him the Army Commendation Medal on 30 October 2009. Based on the preponderance of the evidence, the Board determined there is insufficient evidence to grant the requested relief. While the available evidence is insufficient to upgrade of Army Commendation Medal to Army Commendation Medal with "V" device, this in no way affects his right to pursue his claim for the Army Commendation Medal with V Device by submitting a request through his Member of Congress under the provisions of Title 10 USC 1130. 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. 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, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 600-8-22, Military Awards states: a. the Army Commendation Medal is awarded to any Servicemember 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. Award may be made to a member of the armed forces of a friendly foreign nation who, after 1 June 1962, distinguishes himself or herself by an act of heroism, extraordinary achievement, or meritorious service, which has been of mutual benefit to a friendly nation and the United States. b. it may be awarded for combat related service or achievement after 29 February 1964. c. awards of the Army Commendation Medal may be made for acts of valor performed under circumstances …of lesser degree than required for award of the Bronze Star Medal. These acts may involve aerial flight. A bronze letter "V" (for valor) is worn on the suspension and service ribbon of that medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220012140 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1