BOARD DATE: 15 January 2013
DOCKET NUMBER: AR20120011586
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 the Navy Command at Sea Insignia be removed from his 3 February 2007 DD Form 214.
2. The applicant states it has been determined by the appropriate authority at Naval Operations that he was not authorized this award.
3. The applicant refers to Naval Military Personnel Manual in support of his request.
CONSIDERATION OF EVIDENCE:
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 Army Board for Correction of Military Records (ABCMR) to excuse an applicants 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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's record shows he served in various capacities in the U.S. Army Reserve and Army National Guard between 2 August 1974 and 1 August 2012 when he was transferred to the Retired Reserve.
3. On 22 September 2004, the applicant entered active duty in support of Operation Iraqi Freedom, and he served in Kuwait/Iraq from 27 September 2005 through 25 September 2006. He served 2 years, 4 months, and 12 days until
3 February 2007, at which time he was honorably released from active duty by reason of completion of required active service. The DD Form 214 he was issued includes the U.S. Navy Command at Sea Insignia in the list of earned awards.
4. The applicant's Army Military Human Resource Record, previously known as the Official Military Personnel File, is void of orders or any other document authorizing award of the Navy Command at Sea Insignia.
5. The Naval Military Personnel Manual sets forth direction and guidance, contains policy, rules, and practices for administration of military personnel within the Navy. Paragraph 1210-170 provides guidance on the Command at Sea Insignia. It states, in pertinent part, that it is authorized to Navy commanders in the grade of captain and junior.
6. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. It states, in effect, that all awards must be approved by the proper Army awards approval authority.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to remove the U.S. Navy Command at Sea Insignia from his 3 February 2007 DD Form 214 has been carefully considered and found to have merit.
2. The governing Navy regulation appears to limit the award of the insignia in question to Navy commanders. Further, there is no evidence the award was approved to be added to the applicant's DD Form 214 by the proper Army award approval authority. As a result, it would be appropriate to remove the award from his DD Form 214.
BOARD VOTE:
___X_____ ___X_____ _X___ 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 amending his 3 February 2007 DD Form 214 by deleting the U.S. Navy Command at Sea Insignia.
_______ _ 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) AR20120011586
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120011586
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080011540
The memorandum also shows the applicants unit commander stated that he was approved for award of the Shoulder Sleeve Insignia, the Global War on Terrorism Expeditionary Medal, and one Overseas Service Bar. The evidence of record also shows the applicant was approved for award of the Shoulder Sleeve Insignia. The evidence of record shows the applicant served in support of Operation Enduring Freedom from 10 February to 6 July 2003, a period of 4 months and 26 days.
ARMY | BCMR | CY2010 | 20100019300
The applicant provides the following documents: a. DD Form 214 from the U.S. Navy, ending on 1 January 2008; b. DD Form 214 from the U.S. Army, ending on 5 January 2010; c. DD Form 220 (Active Duty Report) dated 24 March 2008; d. Eleven orders for active duty or temporary duty dated from 21 April through 13 November 2008; e. two letters from Headquarters, Multinational Task Force, Camp Bondsteel, Kosovo, dated 5 and 10 September 2009; f. Award Certificate for the Non Article 5 North Atlantic...
ARMY | BCMR | CY2013 | 20130017673
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 20 July 2008, and National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), ending on 28 March 2012, to show the following awards: * Texas Homeland Defense Service Medal * Armed Forces Service Medal (2nd Award) * Meritorious Unit Commendation * Navy Unit Commendation 2. The applicant provides copies of the following: * Orders Number 208-205, 263-312,...
ARMY | BCMR | CY2010 | 20100023923
The applicant requests: * removal of a DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)), dated 12 April 2010, from his official military personnel file (OMPF) * removal of a general officer memorandum of reprimand (GOMOR) from his OMPF 2. It states application for removal of a DA Form 2627 from a Soldier's OMPF based on an error or injustice will be made to the Army Board for Correction of Military Records (ABCMR). Army Regulation 15-185 (Army...
ARMY | BCMR | CY2009 | 20090013245
Application for correction of military records (with supporting documents provided, if any). It is authorized for service in the Persian Gulf, from 27 July 1987 to 1 August 1990 for Soldiers assigned or attached to, or under the operational control of a unit whose mission was direct support to Operation Earnest Will. With respect to the SWASM, the evidence of record shows that, during the period of eligibility for this award (2 August 1990 to 30 November 1995), the applicant served in...
ARMY | BCMR | CY2007 | 20070004275
The applicant requests award of the Army Commendation Medal for his service in support of Operation Enduring Freedom. The applicant's military service records are absent documentation that shows he deployed overseas in support of Operation Enduring Freedom. The evidence of record shows that the applicants DD Form 214, with an effective date of 31 March 2003, was corrected on 7 January 2007 to show award of the Global War on Terrorism Service Medal.
ARMY | BCMR | CY2008 | AR20080000892
The applicant requests, in effect, reconsideration of his previous request that: a. his discharge under other than honorable conditions be upgraded to an honorable discharge; b. award of all combat medals and service badges that he is entitled including the Overseas Combat Service Medal (correctly known as the Armed Forces Expeditionary Medal), the Combat Infantryman Badge, the Jungle Expert Badge, the Heavy Equipment Operator Badge, and the 82nd Airborne Combat Patch; c. Amphibious Warfare...
ARMY | BCMR | CY2010 | 20100019965
The applicant provides copies of: * memoranda authorizing the HSM and GWOTSM * ARCOM and AAM certificates * a certificate showing he was an authorized provider in the Military Funeral Honors Program * a page from his DA Form 2-1 (Personnel Qualification Record) * a DD Form 214 for his period of active duty ending 22 February 2004 CONSIDERATION OF EVIDENCE: 1. The evidence of record does not support the applicant's request for correction of his DD Form 214 to show the: * AFSM * ARCOM * HSM...
ARMY | BCMR | CY2010 | 20100028088
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Legion of Merit, Army Superior Unit Award (2nd Award), U.S. Army Gold Recruiter Badge with three sapphire achievement stars, and Shoulder Sleeve Insignia-Former Wartime Service (SSI-FWTS) unit patch. Permanent orders awarded the U.S. Army Sergeants Major Academy the Army Superior Unit Award for the period 1 September 2008 to 31 October 2009. a. Thus,...
ARMY | BCMR | CY2014 | 20140020937
The applicant requests reconsideration of his previous request to correct his Army National Guard of the United States (ARNGUS) DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 14 December 2010 (signed 8 November 2010) to remove the following erroneous U.S. Marine Corps (USMC) and U.S. Navy (USN) awards from item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) * Navy/Marine Corps Combat Action Ribbon (CAR) *...