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 soldier’s 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



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ABCMR Record of Proceedings (cont)                                         AR20110014202



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