RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 March 2007
	DOCKET NUMBER:  AR20060009002 


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


Mr. Gerard W. Schwartz

Acting Director

Ms. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Mr. William Powers

Chairperson

Mr. Paul Smith

Member

Mr. Jerome Pionk

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, removal of paragraph “c.” on his 24 July 2003 General Officer Memorandum of Reprimand (GOMOR).

2.  The applicant states, in effect, that the entire paragraph which alleges that he did not have at least one award of the Armed Forces Reserve Medal (AFRM) when he submitted applications to the Colonel Command Assignment Selection Boards (CCASB) on 22 June 2001 and on 10 December 2001 should be removed from the GOMOR.  He states that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 June 2000 shows five (sic) awards of the AFRM.  He states the DD Form 214 is part of his official military records.  Item 18 (Remarks) on this DD Form 214 shows the Armed Forces Reserve Medal (2nd Award) and the Armed Forces Reserve Medal with “V” Device (3rd Award).  

3.  The applicant provides a copy of his DD Form 214 for the period ending 
16 June 2000.

CONSIDERATION OF EVIDENCE:

1.  After having prior service in the U.S. Navy and U.S. Naval Reserve, the applicant was appointed a commissioned officer in the U.S. Army Reserve (USAR) on 28 February 1991.  He was promoted to lieutenant colonel in the Judge Advocate General’s Corps on 27 June 1999.

2.  The applicant was ordered to active duty on 13 March 2000 and released from active duty on 16 June 2000.

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on the applicant’s DD Form 214 for the period ending 
16 June 2000 shows the entries, “ARMED FORCES RESERVE MEDAL (2ND AWARD)” and “ARMED FORCES RESERVE MEDAL WITH “V” DEVICE (3RD AWARD).”  

4.  On 15 May 2003, the applicant received a GOMOR for engaging in a pattern, over a period of years, of submitting false and misleading information in seeking official action from his command.  Paragraph c on this GOMOR states, “In the manipulated pictures you submitted, you were wearing a ribbon for an Armed Forces Reserve Medal (AFRM) that had not been awarded to you and that you were not authorized to wear.  You were appointed to the U.S. Army Reserve (USAR) with an effective date of 28 February 1991.  A soldier is eligible to be awarded the ARFM (sic) upon the completion of ten (10) qualifying years of USAR service, within the span of twelve (12) consecutive years.  You could not have been eligible for the AFRM on basis of your USAR service until 28 February 2001.  The manipulated photos you submitted with your CCASB applications indicated a date of 9 February 2000 and pre-dated your earliest AFRM eligibility date by more than one year.  The U.S. Navy specifically advised you that you were not entitled an AFRM award on basis of your U.S. Navy Reserve service, because you failed to earn the minimum fifty (50) points in each of the 10 years you were in the U.S. Navy Reserve.”    

5.  On 24 July 2003, the Chief, Army Reserve directed the GOMOR be filed in the performance portion of the applicant’s Official Military Personnel File.

6.  The applicant was ordered to active duty on 3 December 2000 in support of Operation Joint Guardian and was released from active duty on 2 August 2001.  His DD Form 214 for the period ending 2 August 2001 shows the entries, “ARMED FORCES RESERVE MEDAL (2ND AWARD)” and “ARMED FORCES RESERVE MEDAL WITH “M” DEVICE (2ND AWARD).”  

7.  The applicant was ordered to active duty on 14 April 2002 in support of Operation Enduring Freedom and released from active duty on 16 October 2002.  His DD Form 214 for the period ending 16 October 2002 shows the entries, “ARMED FORCES RESERVE MEDAL (2ND AWARD)” and “ARMED FORCES RESERVE MEDAL WITH “M” DEVICE (3RD AWARD).”  

8.  On 23 February 2004, the applicant was discharged from the USAR with a discharge under other than honorable conditions under the provisions of Army Regulation 135-178.  His discharge was later upgraded to honorable by the Army Discharge Review Board.

9.  Army Regulation 600-8-22 (Military Awards), in pertinent part, provides for award of the AFRM.  It is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components of the Armed Forces of the United States for a period of 10 years.  The conditions for award of the AFRM include requirements for such service to be completed within 12 consecutive years.  Service in a regular component of the Armed Forces, tenure in elected state office, tenure as a member of a legislative body of the United States or a state, and service as a judge of a court of record of the United States, a state or territory or District of Columbia is excluded from credit to award this award but does not constitute a break in service.  

10.  Army Regulation 600-8-22 provides, in pertinent part, that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal, the Bronze Star Medal, and the Joint Service Commendation Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contended that paragraph “c.” should be removed from his 
23 May 2003 GOMOR on the basis that it alleged that he did not have at least one award of the AFRM when he submitted applications to the CCASB on 22 June 2001 and on 10 December 2001.  He provides, as supporting evidence, his DD Form 214 for the period ending 16 June 2000 which shows he is entitled to the AFRM (2nd  Award) and the AFRM with “V” Device (3rd Award).  

2.  Paragraph “c.” of the applicant’s 23 May 2003 GOMOR states that in the manipulated pictures he submitted, he was wearing a ribbon for an AFRM that had not been awarded to him and that he was not authorized to wear.  

3.  The applicant did not serve a period of qualifying service for two or three awards of the AFRM (i.e. 20 years or 30 years).  In addition, the governing regulation states that the “V” device indicates acts of heroism involving conflict with an armed enemy and authorized the “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal, the Bronze Star Medal, and the Joint Service Commendation Medal.  Therefore, the AFRM entries on his DD Form 214 for the period ending 16 June 2000 are in error.     

4.  A senior commissioned officer is expected to know what awards he/she is authorized to wear or at least to question the accuracy of official records when these records contain obvious errors such as the applicant’s DD Form 214 showing award of the AFRM with ”V” Device.  

5.  Based on the foregoing, there is an insufficient basis on which to remove paragraph “c.” from the applicant’s 23 May 2003 GOMOR.   

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

WP____  __PS____  _JP_____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




___William_Powers________
          CHAIRPERSON




INDEX

CASE ID
AR20060009002
SUFFIX

RECON

DATE BOARDED
20070313
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
134.0400
2.

3.

4.

5.

6.