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ARMY | BCMR | CY2012 | 20120004677
Original file (20120004677.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  11 October 2012

		DOCKET NUMBER:  AR20120004677 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Presidential Unit Citation.

2.  The applicant states he served in the 1st Squadron, 91st Cavalry Regiment, 173rd Airborne Brigade Combat Team, during a period of time for which the unit was recognized by award of the Presidential Unit Citation.  He attests that all members of the unit are issued this unit citation and wear it on their uniforms.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the Regular Army on 18 January 2006 and held military occupational specialty 11B (Infantryman).

2.  His record contains Permanent Orders 276-137 issued by Headquarters, Combined Joint Task Force-82, Operation Enduring Freedom, Bagram Airfield, Afghanistan, on 3 October 2007.  These orders show he was awarded the Combat Infantryman Badge for being engaged in active ground combat on 27 July 2007 while he was assigned to Task Force Bayonet, Bagram, Afghanistan.



3.  His record contains a DA Form 4980-18 (Army Achievement Medal Certificate), dated 24 June 2009, which shows he was awarded the Army Achievement Medal for exceptionally meritorious service during the period 1 to 29 June 2009 which brought great credit upon himself and 1st Squadron, 91st Cavalry Regiment, 173rd Airborne Brigade Combat Team, and the U.S. Army.  The authority for this award was Permanent Order Number 166-001 issued by Headquarters, 1st Squadron, 91st Cavalry Regiment, on 24 June 2009.  The certificate further shows his unit of assignment at the time as Troop C, 1st Squadron, 91st Cavalry Regiment.

4.  His DD Form 214 shows he was honorably released from active duty on 29 June 2009 and transferred to the U.S. Army Reserve Control Group (Reinforcement).  This document does not show award of the Army Achievement Medal, Presidential Unit Citation, or any other unit award.

5.  Permanent Orders 014-12 issued by U.S. Army Human Resources Command (USAHRC), Fort Knox, KY, on 14 January 2011 show the applicant's unit was awarded the Meritorious Unit Commendation for exceptionally meritorious performance during the period 20 May 2007 to 31 July 2008 while deployed in support of Operation Enduring Freedom.  The additional instructions portion of these orders state, "This order serves as official notification that a unit award has been approved for the organization(s) listed above and will serve as authority for eligible Soldiers to update their records and wear the award."

6.  A review of the unit award database maintained by USAHRC failed to reveal any orders showing the 91st Cavalry Regiment was awarded the Presidential Unit Citation for actions during the applicant's tenure.

7.  A review of the unit history for the 91st Cavalry Regiment on the Internet website maintained by the U.S. Army Center of Military History shows the unit was not awarded the Presidential Unit Citation for actions during the applicant's tenure.

8.  Army Regulation 600-8-22 (Military Awards) states the Presidential Unit Citation is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  This regulation establishes standardized policy for the preparation of the DD Form 214.  It states to list awards and decorations for all periods of service.
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not show the 91st Cavalry Regiment was awarded the Presidential Unit Citation for actions during the applicant's tenure.  Therefore, he is not entitled to correction of his DD Form 214 to show this unit award.

2.  However, the evidence of record clearly shows the 91st Cavalry Regiment was awarded the Meritorious Unit Commendation for achievements during his period of assignment.  Therefore, he is entitled to have this unit award shown on his DD Form 214.

3.  The evidence of record also shows he was awarded the Army Achievement Medal for exceptionally meritorious service.  Therefore, he is entitled to have this award shown on his DD Form 214.

4.  Evidence shows that the applicant’s records contain administrative errors which do not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x___  ____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice pertaining to award of the Presidential Unit Citation.  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.



2.  The Board determined that administrative errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned by adding the Army Achievement Medal and the Meritorious Unit Commendation to his DD Form 214.



      ____________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)                                         AR20120004677



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ABCMR Record of Proceedings (cont)                                         AR20120004677



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