RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 12 February 2008
DOCKET NUMBER: AR200800001262
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.
Ms. Catherine C. Mitrano
Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Ms. Kathleen A. Newman
Chairperson
Mr. Jose A. Martinez
Member
Ms. Susan A. Powers
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 removal of a Joint Service Achievement Medal from his Official Military Personnel File (OMPF).
2. The applicant states, in effect, that he was erroneously awarded a Joint Service Achievement Medal for the period from 9 April to 22 August 2007. He contends that he was never involved in the action for which this award was made.
3. The applicant provides copies of the subject award and its citation; and a memorandum for Record from a Human Resources Technician stating that the subject award should be removed from the applicants OMPF.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was serving on active duty as a staff sergeant, pay grade E-6.
2. Review of the applicants OMPF shows that he was awarded the Joint Service Achievement Medal on 15 November 2007 for meritorious service as a Movement Operations Noncommissioned Officer, Defense Attaché Office, London, United Kingdom, Directorate for Human Intelligence, Defense Intelligence Agency, from 9 April to 22 August 2007.
3. On 16 January 2008, the Lead Human Resource Technician, United States Army Recruiting Battalion, Portland, Oregon, provided a Memorandum for Record, wherein he stated that the subject award should be removed from the applicants OMPF because at the time of the award the applicant was assigned to the Portland Recruiting Battalion in Oregon and did not participate in any joint operation in England.
4. Army Regulation 600-8-104 (Military Personnel Information Management/Records) provides, in pertinent part, that once a document is placed in the official military personnel file, it becomes a permanent part of that file. The document will not be removed from the fiche or moved to another part of the fiche unless directed by The Army Board for Correction of Military Records.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records show that he was awarded the Joint Service Achievement Medal for meritorious service during the period from 9 April to
22 August 2007.
2. The applicant has provided convincing evidence showing that he was erroneously awarded the Joint Service Achievement Medal.
3. The Army has an interest in maintaining the accuracy of its records. Therefore, it is prudent to remove the Joint Service Achievement Medal Certificate and Citation, issued on 15 November 2007, from the applicants OMPF.
BOARD VOTE:
__JAM __ __KAN __ __SAP _ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing the Joint Service Achievement Medal Certificate and Citation, issued on 15 November 2007, from his OMPF.
__ Kathleen A. Newman _____
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
ARMY | BCMR | CY2007 | 20070018939
Powers Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests removal of the award order and certificate for an Army Commendation Medal dated 6 December 2006 from his Official Military Personnel File (OMPF). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing Permanent Orders Number 340-015, dated 6 December 2006 from his OMPF.
ARMY | BCMR | CY2007 | 20070018940
Powers Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his Amstead University transcript be removed from his official military personnel File (OMPF). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing the Amstead University transcript from his OMPF.
ARMY | BCMR | CY2004 | 20040010648C070208
The applicant’s medical records were not available for review by the Board. Inasmuch as the wound must be documented as being the result of enemy action and the documents do not substantiate either that fact or the date of occurrence, the applicant has failed to show through the evidence presented with his application or the evidence of record, that he meets the prerequisites of the applicable regulations for award of the Purple Heart at this time. As a result, the Board recommends that...
ARMY | BCMR | CY2003 | 2003087868C070212
The applicant executed his third reenlistment action on 18 October 2001. Soldiers eligible, but refusing to take action to satisfy military service remaining requirement will be denied further service with the execution of a Department of the Army Form 4991-R (Declination of Continued Service Statement). The evidence confirms that the applicant executed a declination of continued service statement in 1999 in order to decline an assignment as an Army recruiter.
ARMY | BCMR | CY2002 | 2002070881C070402
The applicant requests that the Service School Academic Evaluation Report (AER) (DA Form 1059) covering the period 20 April 1994 through 11 May 1994 [herein identified as the "contested AER"] be removed from his Official Military Personnel File (OMPF) or transferred to the restricted fiche of his OMPF. On 11 May 1994, the applicant was notified by the Commandant of the NCO Academy that he had been released from the BNCOC Class Number 2-94 for academic reasons. Records show the applicant...
ARMY | BCMR | CY2003 | 2003083971C070212
The applicant’s military records show that he was appointed as a commissioned officer in the Regular Army on 27 May 1981 in the rank of second lieutenant. Therefore, the applicant is entitled to an additional award of the JMUA and correction of his DD Form 214 to show a total of four awards of the JMUA. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the JMUA (Fourth Award).
ARMY | BCMR | CY2006 | 20060009013C071108
The applicant requests, in effect, that a 10 December 1999 record of nonjudicial punishment (NJP) be removed from his Official Military Personnel File (OMPF). The DASEB decision summary shows that the applicant provided a self-authored statement with no enclosures for consideration with his application. While it is unfortunate the applicant was not selected for promotion to pay grade E-8, the Board does not correct a record without evidence of an error or injustice.
ARMY | BCMR | CY2007 | 20070014521
x The Board considered the following evidence: Exhibit A - Application for correction of military records. Paragraph 2-4 of this regulation states that once a document is placed in the OMPF it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file unless directed by the Army Board for Correction of Military Records (ABCMR); the DASEB; the Army Appeals Board; Chief of Appeals and Corrections Branch of the U.S. Army Human Resources...
ARMY | BCMR | CY2002 | 2002070951C070402
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The Board considered the following evidence: EVIDENCE OF RECORD : The applicant's military records show:
ARMY | BCMR | CY2004 | 2004100952C070208
The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Army Commendation Medal (ARCOM) with Oak Leaf Cluster and the Kosovo Campaign Medal. The DD Form 214 correctly shows his status upon leaving active duty and cannot be changed; that is why the US Army Physical Disability Agency is required to issue orders when changing a soldier's TDRL status. As a result, the Board recommends that all Department...