IN THE CASE OF:
BOARD DATE: 9 June 2015
DOCKET NUMBER: AR20150008049
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 an Army Superior Unit Award (ASUA) from his official military personnel file (OMPF).
2. The applicant states the ASUA was added to his OMPF, but he was not assigned to the unit during the period for which it was awarded. He therefore asks that it be removed.
3. The applicant provides:
a. Permanent Order (PO) Number 353-11, dated 19 December 2013, issued by the U.S. Army Human Resources Command (HRC), awarding the ASUA, for the period 1 October 2011 to 30 September 2012 (emphasis added), to:
* Headquarters, 128th Aviation Brigade
* 1st Battalion, 222nd Aviation Regiment
* 1st Battalion, 210th Aviation Regiment
* 2nd Battalion, 210th Aviation Regiment
* Aviation and Logistics Noncommissioned Officers Academy, U.S. Army Aviation Center of Excellence
b. Orders Number 207-159, dated 25 July 2012, issued by Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, directing the applicant to permanently change his station (PCS) from Fort Campbell, KY to Fort Eustis, VA with a reporting date between 1 October 2012 and 10 October 2012 (emphasis added).
CONSIDERATION OF EVIDENCE:
1. After having prior service in the U.S. Marine Corps, the applicant enlisted in the Regular Army on 30 November 2004. He was awarded military occupational specialty 15D (Aircraft Powertrain Repairer). He is currently on active duty and holds the rank/grade of staff sergeant/E-6.
2. His records contain:
a. A DA Form 638 (Recommendation for Award) which shows the award of the Army Commendation Medal to the applicant for the period 28 December 2004 to 9 October 2012 (emphasis added). It states he was assigned to Troop D, 7th Battalion, 17th Cavalry Regiment at Fort Campbell, KY.
b. Orders Number 207-159, dated 25 July 2012, issued by Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, directing the applicant to PCS from Fort Campbell, KY to Fort Eustis, VA with a reporting date between 1 October 2012 and 10 October 2012 (emphasis added).
c. PO Number 353-11, dated 19 December 2013, issued by HRC, awarding the ASUA, for the period 1 October 2011 to 30 September 2012 (emphasis added), to:
* Headquarters, 128th Aviation Brigade
* 1st Battalion, 222nd Aviation Regiment
* 1st Battalion, 210th Aviation Regiment
* 2nd Battalion, 210th Aviation Regiment
* Aviation and Logistics Noncommissioned Officers Academy, U.S. Army Aviation Center of Excellence
3. Department of the Army Pamphlet 670-1 (Guide to the Wear and Appearance of Army Uniforms and Insignia) provides implementing procedures for the wear and appearance of Army uniforms. It states, in pertinent part, a unit award is worn by members of that unit who participated in the cited action (emphasis added).
DISCUSSION AND CONCLUSIONS:
1. The applicant requests removal of the ASUA, authorized by PO Number
353-11. He asserts he was not a member of the unit during the period for which the award was given. Both the evidence he provides and his record support his contention.
a. The period for the award is shown as 1 October 2011 to 30 September 2012.
b. The applicant's file contains PCS orders showing he is to report between 1 October 2012 and 10 October 2012.
c. His record also contains the award of an Army Commendation Medal which states the period of the award ended 9 October 2012.
2. The guidance which addresses the wear of unit awards states the award can only be permanently worn if the individual participated in the cited action. Given the earliest possible date of his arrival, he could not have participated in the cited action.
3. Based upon the foregoing, the ASUA should be removed from his OMPF.
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 removing from the applicant's OMPF the ASUA, authorized by PO Number
353-11, dated 19 December 2013, issued by HRC.
___________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.
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