ARMY | BCMR | CY2008 | 20080015246
United States Army Human Resources Command, Alexandria, Virginia, Orders A-04-510752, dated 27 April 2005, ordered the applicant to active duty under the voluntary provisions of Title 10, U.S. Code, section 12301(d) in COTTAD support of Operation Iraqi Freedom effective 25 May 2006 for a period of 41 days. Department of the Army Personnel Policy Guidance, in effect at the time of the applicant's mobilization, stated that the COTTAD policy applied to Soldiers in the following...
ARMY | BCMR | CY2008 | 20080015249
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 AR20080003729, on 22 May 2008. The letter from the VA, dated 14 July 2008, is new evidence that requires consideration by the Board. Furthermore, there is no supporting evidence showing he received medical treatment for such an injury.
ARMY | BCMR | CY2008 | 20080015256
The applicant states, in effect, that the Medical Evaluation Board (MEB) determined his disability was 10 percent disabling and that after he was separated the Department of Veterans Affairs (VA) determined his disability was 50 percent disabling. Army Regulation 635-40 establishes the Army Physical Disability Evaluation System (PDES) and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably...
ARMY | BCMR | CY2008 | 20080015257
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. The evidence of record clearly shows the applicant signed his enlistment contract on 19 June 1972. _______ _XXX _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...
ARMY | BCMR | CY2008 | 20080015258
The DD Form 214 he was issued upon retirement shows, in part, he was awarded the ARCOM (Fifth OLC) and the AAM (Third OLC). The orders contained in the applicant's military records show that he was awarded three AAMs, seven ARCOMs, and one MSM. _______ _ 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.
ARMY | BCMR | CY2008 | 20080015260
The applicant requests that: a. his "Relief for Cause" DA Form 2166-8 (Noncommissioned Officer Evaluation Report (NCOER)) for the period 20060801 through 20070731 be replaced with an "Annual" NCOER with the same through date; b. his NCOER for the period 200210 to 200302 be removed from his Official Military Personnel File (OMPF) or alternatively be transferred from the performance section to the restricted section of his OMPF. h. In Part Vc (Overall Performance) and Part Vd (Overall...
ARMY | BCMR | CY2008 | 20080015267
He stated at that time that his discharge should be upgraded because up until the time he was discharged, his record of service was good and that he went AWOL when he was placed on orders to go back to Vietnam for a second tour. A condition of submitting such a request is that the individual concerned must indicate that they are submitting the request of their own free will, without coercion from anyone and that they have been briefed and understand the consequences of such a request as...
ARMY | BCMR | CY2008 | 20080015281
There is no evidence in the applicant's available service personnel records that shows he attempted to have his name changed or to correct his date of birth while he served on active duty. Item 10 of the DD Form 214 the applicant was provides at the time of his release from active duty shows his date of birth to be 31 July 1933. The applicant is advised that a copy of this Board action will be filed in his official military personnel records so it will be a matter of record and that those...
ARMY | BCMR | CY2008 | 20080015289
The applicant requests, in effect, that a DA Form 2627 (Record of Proceedings Under Article 15, UCMJ) imposed on 15 December 1988 be corrected to show she used marijuana instead of cocaine. 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. The applicant provided a CID Report of...
ARMY | BCMR | CY2008 | 20080015292
The applicant's military records show that he enlisted in the Regular Army on 14 June 1999. On 26 July 2000, the applicant voluntarily requested discharge under the provisions of Chapter 10 (Discharge in Lieu of Trial by Court-Martial), Army Regulation 635-200 (Active Duty Enlisted Administration Separations) in lieu of trial by court-martial after charges were preferred against him under the Uniform Code of Military Justice (UCMJ) which authorized the imposition of a bad conduct or...
ARMY | BCMR | CY2008 | 20080015293
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. In his request for discharge, the applicant indicated that he understood that by requesting discharge, he was admitting guilt to the charge against him, or to a lesser included offense that also authorized the imposition of a bad conduct or dishonorable discharge. On 4 November 2003, the applicant's former spouse wrote another letter stating that the applicant was a good Soldier.
ARMY | BCMR | CY2008 | 20080015295
The DD Form 214 that the applicant was furnished at the time of his discharge shows that he received separation pay in the amount of $30,817.14; that he was furnished a "JBK" (Completion of Required Active Service) separation code; and that he was furnished an RE code of "3." Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge. However, his records show that...
ARMY | BCMR | CY2008 | 20080015296
On 13 January 1995, the applicant's commander initiated action to separate him from the service under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 9, for alcohol rehabilitation failure. The ADRB determined that the applicant's chain of command had used limited-use evidence during the discharge proceedings and therefore the applicant was entitled by regulations to receive an honorable discharge. The applicant was issued an RE code of "4" based on the narrative...
ARMY | BCMR | CY2008 | 20080015320
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Action Badge, the Iraq Campaign Medal, the Kuwait Liberation Medal, the Southwest Asia Service Medal, the National Defense Service Medal, and any other awards and/or decorations he may have earned as a result of his service in Southwest Asia. There is no evidence that the applicant completed a qualifying period of service on or after 18 September 1981. ...
ARMY | BCMR | CY2008 | 20080015324
The applicant requests that his DD Form 214 be corrected to reflect his two awards of the Meritorious Service Medal (MSM) (MSM with 1 Oak Leaf Cluster). The applicant enlisted in the Regular Army on 7 December 1956 and served until he was honorably released from active duty on 4 December 1959 and was transferred to the United States Army Reserve (USAR) to complete his statutory service obligation. Although the applicant has not provided a copy of orders for his second award of the MSM, he...
ARMY | BCMR | CY2008 | 20080015326
On 7 March 1969, a telegram was sent to the applicant's parents which stated that the applicant "was slightly wounded in Vietnam on 5 March 69 as a result of hostile action. The applicant's records do not contain any evidence that the applicant was wounded twice. 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.
ARMY | BCMR | CY2008 | 20080015327
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Vietnam Service Medal with one silver service star, the Republic of Vietnam Campaign Medal with Device (1960), the Marksman Marksmanship Qualification Badge with Rifle Bar, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three Overseas Service Bars. The applicant contends that his DD Form 214 should be corrected to show d award of...
ARMY | BCMR | CY2008 | 20080015328
The applicant's military personnel records are absent orders or any other evidence that he was awarded the Air Medal. Records show the applicant qualified for award of the Vietnam Service Medal and he participated in 4 campaigns during his service in the RVN. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity from 21 January...
ARMY | BCMR | CY2008 | 20080015332
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that he was awarded the Korea Defense Service Medal and the Afghanistan Campaign Medal. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The...
ARMY | BCMR | CY2008 | 20080015333
There are no general orders in the applicant's records that show he was awarded the Bronze Star Medal. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. The evidence of record shows the applicant was awarded the Vietnam Service Medal.
ARMY | BCMR | CY2008 | 20080015337
IN THE CASE OF: BOARD DATE: 20 November 2008 DOCKET NUMBER: AR20080015337 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.
ARMY | BCMR | CY2008 | 20080015342
However, there are no general orders that show he was awarded the Purple Heart; there is no evidence in his service personnel records that show he was wounded or injured as a result of hostile action or treated for such wounds; and his name is not listed on the Vietnam Casualty Roster. In the absence of documentation and corroborating evidence that shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base...
ARMY | BCMR | CY2008 | 20080015349
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he was awarded two Army Commendation Medals. The applicant provides his DD Form 214; an Army Commendation Medal Certificate, dated 5 July 1984; and an Army Commendation Medal Certificate, dated 31 March 1986. 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...
ARMY | BCMR | CY2008 | 20080015350
Application for correction of military records (with supporting documents provided, if any). In addition, the examining medical official did not indicate any complaint by the applicant or note any medical condition (i.e., brain injury, hearing loss, or any other injury) the applicant sustained as a result of a concussion or blast while the applicant was serving in Iraq. Therefore, in the absence of documentation substantiating the fact that the applicant was injured as a result of hostile...
ARMY | BCMR | CY2008 | 20080015353
d. The new battalion commander used the above incident to vacate the applicant's suspended reduction in rank and grade by the former battalion commander, claiming the applicant was willfully derelict in her duties by failing to properly research and notify the chain of command of a Red Cross message. On 29 August 2007, the suspended punishment was vacated for violating Article 92, UCMJ, dereliction in the performance of her duties by willfully failing to properly research and notify the...
ARMY | BCMR | CY2008 | 20080015354
The applicant requests that his records be corrected to reflect his award of the Combat Infantryman Badge (CIB). The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. _______ _XXX _______ ___ 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 | CY2008 | 20080015357
The applicant was awarded two ARCOMs. The applicants records contain orders awarding him the CIB. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the ARCOM, AM, and VSM; and b. adding the ARCOM with Oak Leaf Cluster, AM (3rd Award), VSM with silver service star, and CIB.
ARMY | BCMR | CY2008 | 20080015364
Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. Therefore, the applicant's record of service is insufficiently meritorious to warrant a general discharge or an honorable discharge.
ARMY | BCMR | CY2008 | 20080015365
The applicant requests that his records be corrected to reflect that he served as a combat infantryman in Vietnam and that he be awarded the Combat Infantryman Badge (CIB). The applicant states, in effect, that during his first 4 months in Vietnam he was assigned to Company B, 2nd Battalion, 173rd Airborne Brigade. The Awards Branch of the U.S. Army Human Resources Command (formerly known as the Total Army Personnel Command) has advised, in similar cases, that during the Vietnam era the...
ARMY | BCMR | CY2008 | 20080015373
The applicant requests, in effect, that the records of her former spouse, a former service member (FSM), be corrected to show he elected to participate in the Survivor Benefit Plan (SBP) with former spouse coverage. There is no evidence of record to show that the applicant made a written request of deemed election to DFAS for former spouse SBP coverage based on the divorce decree within one year of the date of the court order or filing involved. The evidence of record shows that, upon...
ARMY | BCMR | CY2008 | 20080015378
The applicants DD Form 214 does not show the Combat Infantryman Badge as an authorized award. There are no orders for the Combat Infantryman Badge in the available records. Evidence of record shows the applicant held MOS 05B and MOS 11B and served as a security guard in these MOSs while assigned to Advisory Team 32, MACV.
ARMY | BCMR | CY2008 | 20080015382
The applicant requests correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show his date of entry into the Army as 19 September 1966; that he had 1 year of foreign service in Vietnam; and that he had 1 year, 1 month and 25 days of foreign service in Germany. The applicant's records show that he departed the United States and arrived in Germany on 5 May 1968. The applicant contends that his DD Form 214 should be corrected to show his date of...
ARMY | BCMR | CY2008 | 20080015388
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Purple Heart, the American Defense Service Ribbon, and the American Campaign Service Ribbon. With respect to the American Defense Service Ribbon, there is no evidence that the applicant served between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer. Therefore, he is entitled to award of the American Campaign Medal...
ARMY | BCMR | CY2008 | 20080015389
Item 26 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Authorized or Awarded) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) lists his awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Parachutist Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. Additionally, records show the applicant participated in two campaign periods while serving...
ARMY | BCMR | CY2008 | 20080015390
Application for correction of military records (with supporting documents provided, if any). It states, in pertinent part, that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action; that the wound required treatment by military medical personnel; and a record of this medical treatment must have been made a matter of official record. The medical treatment record documenting his treatment for a...
ARMY | BCMR | CY2008 | 20080015391
The applicant's military records show that he enlisted in the Regular Army on 8 September 2004, was awarded the military occupational specialty of combat engineer, and was promoted to pay grade E-5. The DD Form 214 he was issued does not show that he was awarded the Purple Heart. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a...
ARMY | BCMR | CY2008 | 20080015393
The applicant further states that a monthly deduction is being taken out of her retired pay for SBP and that is not what she requested. The applicant's record contains a DD Form 2656-6 that was signed by the applicant and witnessed on 11 February 2008. For Soldiers whose records show retirement in the rank of MSG, award of SQI "M," and successful service as a 1SG, their retirement orders will reflect the retired grade of rank of "1SG" and they will also be placed on the retired list in that rank.
ARMY | BCMR | CY2008 | 20080015394
The applicant requests, in effect, correction of his records to show he retired in the rank of brigadier general (BG), pay grade O-7, instead of the rank of colonel, pay grade O-6. The applicant states, in effect, that he is currently an Active Guard Reserve retiree (colonel) and he wishes to have his records corrected to show his highest rank held as that of BG in order to receive retired pay as a BG upon reaching age 60. As a result, the Board recommends that all state ARNG records of...
ARMY | BCMR | CY2008 | 20080015395
The applicant requests correction of his Report of Separation from the Armed Forces of the United States (DD Form 214) to show that he served in six campaigns while he was in Korea and his entitlement to the awards of the Good Conduct Medal, the National Defense Service Medal, the United Nations Service Medal with Korean Clasp, the Republic of Korea War Service Medal, and the Republic of Korea Presidential Unit Citation. In a letter dated 5 January 2006, the National Personnel Records...
ARMY | BCMR | CY2008 | 20080015397
The applicant provided orders, dated 24 March 1995, showing he was awarded the Army Good Conduct Medal for the period 18 June 1991 to 17 June 1995. This period is normally 3 years of enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. Evidence of record shows the applicant was a PV1/E-1 with three years service at the time of his separation.
ARMY | BCMR | CY2008 | 20080015398
IN THE CASE OF: BOARD DATE: 2 April 2009 DOCKET NUMBER: AR20080015398 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). USAHRC - St. Louis, Orders B-01-800601, dated 16 January 2008, promoted the applicant to 1LT, effective 27 November 2007, with a DOR of 27 November 2007.
ARMY | BCMR | CY2008 | 20080015400
The applicant requests that he be granted promotion consideration for promotion to the rank of chief warrant officer three (CW3) by a Promotion Advisory Board based on the 2008 criteria. Army Regulation 135-155 (Army National Guard and USAR Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes the policies and procedures for the promotion of officers of USAR and includes the procedures for the conduct of selection boards as well as Promotion...
ARMY | BCMR | CY2008 | 20080015401
The examining physicians, after evaluating applicant's condition, which included the pulmonary embolism he suffered in January 1972, and the seizure disorder that resulted from a fragment wound to his head in 1968, and considering the applicant's request for a medical board, both determined the applicant was medially fit for retention on active duty or separation. The evidence of record in this case shows that although the applicant was treated for the medical conditions in question, which...
ARMY | BCMR | CY2008 | 20080015402
Army Regulation 635-40 governs the evaluation for physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability. Consequently, due to the two concepts involved, an individuals medical condition may not be considered to be a physical disability by the Army and yet be rated by the DVA as a disability. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. voiding the...
ARMY | BCMR | CY2008 | 20080015403
Paragraph 3-17 further states, in pertinent part, that the ARCOM is awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement or meritorious service. The governing awards regulation at the time of the applicant's service did not prohibit award of the ARCOM for achievement or service in combat and given the citation for his award confirms there was...
ARMY | BCMR | CY2008 | 20080015404
The applicant states that someone from the Promotion Vacancy Board (PVB) removed his promotion packet from consideration because he was being considered by a mandatory promotion board as a below the zone (BZ) officer. The available evidence shows the applicant was erroneously not considered by a PVB for promotion to LTC. If an officer is erroneously not considered by a PVB, the position for which he is applying is filled by another officer.
ARMY | BCMR | CY2008 | 20080015407
The applicant requests, in effect, that his 5 May 1967 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Purple Heart and a second Army Commendation Medal with "V" Device. The available evidence does not show that he was awarded an additional Army Commendation Medal with V Device. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Air Medal...
ARMY | BCMR | CY2008 | 20080015409
The applicant requests, in effect, that item 5 (Qualifications/Specialty Number or Symbol) on his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show he was an intelligence and reconnaissance sergeant; that item 28 (Most Significant Duty Assignment) be changed to show Headquarters and Headquarters Company, 2nd Battalion, 35th Regiment Combat Team, 25th Division, 8th Army; and that item 40 (V.A. The applicants military records are not available...
ARMY | BCMR | CY2008 | 20080015412
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, reconsideration of his earlier request that he be promoted to the rank and pay grade of sergeant/E-5 (SGT). The applicant provides a self authored statement; page 6 of his Army Board for Correction of Military Records (ABCMR) Record of Proceedings AR20070005868; and page 1 of a letter, Headquarters, 25th Infantry Division, dated 9 September 1967, as new evidence...
ARMY | BCMR | CY2008 | 20080015413
The applicant requests that his military records be corrected to show he was discharged from the U.S. Army Reserve (USAR) on 8 February 1997 instead of 4 December 2001. Therefore, as a matter of equity, in this case only, it would be appropriate to correct the applicant's military records to show he was discharged from the USAR on 8 February 1997 and that he had a break in service from 9 February 1997 to 4 April 2006. As a result, the Board recommends that all Department of the Army...