IN THE CASE OF:
BOARD DATE: 23 February 2012
DOCKET NUMBER: AR20110014202
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests removal of the Army Superior Unit Award from his
DD Form 214 (Certificate of Release or Discharge from Active Duty). He also requests removal of his latest official photograph from his record showing him wearing the award.
2. The applicant states he was told the Army Superior Unit Award was only for the Headquarters and Headquarters Detachment of the 98th Division. He was assigned to the 3d Brigade.
3. The applicant provides a copy of his DD Form 214 and official photograph.
CONSIDERATION OF EVIDENCE:
1. The applicant, a U.S. Army Reserve (USAR) logistics lieutenant colonel, last entered into active duty on 1 July 2009.
2. His DA Form 2-1 shows in:
a. item 9 (Awards, Decorations and Campaigns) the Army Superior Unit Award listed among his awards; and
b. item 34 (Record of Assignments) that he was assigned to the 3d Brigade, 98th Division from 4 February through 19 September 2005.
3. He was released from active duty effective 1 January 2010. He had completed 6 months and 1 day of net active service for that period.
4. Item 12 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) lists the Army Superior Unit Award among his awards.
5. Permanent Orders 309-32, Headquarters, U.S. Army Human Resources Command, (USAHRC) Alexandria, VA, dated 5 November 2007, announced the Army Superior Unit Award was awarded to Headquarters, 98th Division (Institutional Training) for the period 1 July 2004 to 1 December 2005.
6. The HRC Awards and Decoration Branch advised that Headquarters, 3d Brigade, 98th Division was not authorized the award.
7. Army Regulation (AR) 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. In Item 13 list awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22. Each entry will be verified by the soldiers records.
8. AR 640-30 (Photographs for Human Resources Records) provides guidance for taking, selecting, submitting, and maintaining current Department of the Army (DA) official photographs in the DA Photograph Management Information System (DAPMIS) for promotions. It states in paragraph 4g(2) that each Soldier will arrange to have a photograph taken at an approved Department of Defense facility when required.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant did not serve a qualifying period in Headquarters, 98th Division, and is not eligible for the Army Superior Unit Award that is listed on his DD Form 214. His DD Form 214 should be corrected.
2. The governing regulation states that a Soldier will arrange to have a photograph taken when required. The applicant's records show he is still in the USAR. He should be encouraged to remove the Army Superior Unit Award from his uniform and take a new official photograph.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ____x___ ____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing from item 13 of his DD Form 214 the Army Superior Unit Award.
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to removing his most recent official photograph from his records.
____________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.
ABCMR Record of Proceedings (cont) AR20100011955
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110014202
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130012186
The applicant requests correction of his DA Form 20 (Enlisted Qualification Record) and a review of the letter from the National Personnel Records Center (NPRC), dated 20 May 2013; his DD Form 214 (Report of Transfer of Discharge); and his DD Form 215 (Correction to DD Form 214). His DA Form 20 is incorrect in the following particulars: (1) item 22 (Military Occupational Specialties) showing the date, 18 April 1969, associated with his secondary military occupational specialty (MOS) 11C...
ARMY | BCMR | CY2008 | 20080009453
He also requests award of the Combat Infantryman Badge (CIB). Regrettably, there is insufficient evidence that would warrant awarding him the CIB. ______xxxx _______ ___ 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.
ARMY | BCMR | CY2009 | 20090018797
The applicant provides a copy of his DD Form 214, dated 8 February 1972; copies of Special Orders Number 87, 136, and 229, issued by Headquarters, 3d Brigade (Separate), 1st Cavalry Division (Airmobile), on 5 July 1971, 23 August 1971, and 24 November 1971, respectively; a copy of the 229th Assault Helicopter Battalion Promotion Standing List, dated 30 November 1971; a copy of Special Orders Number 39, issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, on 8 February 1972;...
ARMY | BCMR | CY2013 | 20130017315
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 AR20120004292 on 18 September 2012. The applicant provided: a. a memorandum from the Adjutant, 3d Battalion, 5th Cavalry Regiment, dated 13 March 1991, stating the following Soldiers, including the applicant, were authorized to wear the Combat Infantryman Badge and directing a permanent...
ARMY | BCMR | CY2008 | 20080013045
The applicant submitted a self-authored statement, two notarized statements from two squad leaders, miscellaneous photographs of various Soldiers, copies of his units morning reports, Internet printouts, and radio local news and newspaper articles, which were not previously reviewed by the ABCMR; therefore, they are considered new evidence and as such warrant consideration by the Board. Army Regulation 600-8-22 (Military Awards) provides for award of the CIB. Therefore, there is...
ARMY | BCMR | CY2004 | 20040008278C070208
The applicant states he received the GOMOR for submitting a board packet to the January 2002 US Army Reserve Command (USARC) Colonel Command Assignment Selection Board (CCASB) showing that he was awarded the Silver Star and Purple Heart. The applicant provides: a. The applicant was not entitled to wear the Silver Star or the Purple Heart on the date the USARC CCASB reviewed his personnel records to determine his suitability for command in the grade of Colonel/O-6.
ARMY | BCMR | CY2010 | 20100027840
These orders further show that upon his release from active duty he was required to: a. inform the 108th Training Command (IET) G-1 Enlisted Management Branch by email that he was no longer on active duty; b. report to his assigned unit (498th Transportation Company, position 0150/ paragraph 103/line 02) in MOS 88M4O as a platoon sergeant in Mobile, AL; c. understand that as a condition of this promotion he must transfer to the above position and remain in that position for 12 months from...
ARMY | BCMR | CY2008 | 20080012997
He also stated that he had no objection to his entire OMPF being considered, but would have presented other favorable information to the OSRB; e. the OSRB's consideration of the promotion rate of the FY 2007 LTC JAG Promotion Board was misleading as that board was, to the best of his knowledge, the first time that judge advocate officers competed against each other and not other specialties; therefore, the OSRB could not state what was used as discriminators by the promotion board members or...
ARMY | BCMR | CY2009 | 20090004780
The applicant's military records show that he was appointed in the United States Army Reserve (USAR), as a second lieutenant, effective 23 May 1996. Army Regulation 135-155, paragraph 4-21, states that the effective date and date of promotion to fill USAR position vacancies will be no earlier than the approval date of the board, the date of Senate confirmation (if required), or the date the officer is assigned to the position, whichever is later. However, there is no evidence in the...
ARMY | BCMR | CY2014 | 20140021196
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect award of the Valorous Unit Award (VUA). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding award of the VUA to his DD Form 214 for the period ending 29 June 1997.