ARMY | BCMR | CY2008 | 20080016375
ARMY | BCMR | CY2008 | 20080016376
The evidence provided by the applicant shows he has remarried and has moved his residence since his date of separation from active duty. However, these changes over 16 years after his separation do not provide a basis for changing the information in Items 19a and 19b of 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.
ARMY | BCMR | CY2008 | 20080016377
Army Regulation 15-185 (Army Board for Correction of Military Records), paragraph 2-9 (Burden of proof) states "The ABCMR begins its consideration of each case with the presumption of administrative regularity. He also states that the Board only assumed his discharge action was correct. Considering that the details of his separation action from active duty and his discharge from the FLARNG are not available, there is no evidence to show his status or non-status as a registered sex offender...
ARMY | BCMR | CY2008 | 20080016378
There is no evidence of record which shows the applicant was awarded a truck driver MOS. There is no evidence of record which shows he was awarded a truck driver MOS. In the absence of orders or other evidence of record which shows the applicant was awarded a truck driver MOS, the authorization to drive Vietnam vehicles provided by the applicant is not sufficient as a basis for amending item 23a on his DD Form 214.
ARMY | BCMR | CY2008 | 20080016380
Application for correction of military records (with supporting documents provided, if any). In the absence of evidence to the contrary, it must be presumed that the applicants disability was properly rated in accordance with the VA Schedule for Rating Disabilities (VASRD) and his separation with severance pay was in compliance with laws and regulations in effect at the time. Department of the Army disability decisions are based upon observations and determinations existing at the time of...
ARMY | BCMR | CY2008 | 20080016381
The applicant requests, in effect, that his National Guard Federal Recognition order (initial appointment), dated 7 October 2008, in the grade of warrant officer one be corrected to show the effective date of 7 March 2007. However, should the initial period of temporary Federal Recognition expire due to administrative processing delays, through no fault of the member, a subsequent Federal Recognition Board should be convened to consider the request again and grant another new period of...
ARMY | BCMR | CY2008 | 20080016383
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his HOR on his DD Form 214 be corrected to show his Young-Dong-Po-Gu address in Seoul, Korea. By law and Army regulations, non-U.S. citizens, in order to enlist, must have lawfully entered the United States as a permanent resident alien and must have a bona fide HOR in the United States when enlisting.
ARMY | BCMR | CY2008 | 20080016385
Department of the Army Personnel Policy Guidance, in effect at the time of the applicant's mobilization, paragraph 10-3, provided that Reserve Component Soldiers who voluntarily requested to serve beyond their 24-month mobilization authorized under the provisions of Title 10, U.S. Code could request an extension under the policy guidance for COTTAD. Department of the Army Personnel Policy Guidance, in effect at the time of the applicant's mobilization, stated that the COTTAD policy applied...
ARMY | BCMR | CY2008 | 20080016386
The applicant requests that her initial appointment date to warrant officer one (WO1) be changed from 21 August 2008 to 1 May 2007 and that she be promoted to the rank of chief warrant officer two (CW2) on 1 May 2009. The applicant states, in effect, that she initially took her oath of office as a WO1 on 1 May 2007; however, her Temporary Federal Recognition expired before permanent Federal Recognition was obtained and she had to be re-appointed by a Federal Recognition Board on 21 August...
ARMY | BCMR | CY2008 | 20080016388
On 26 June 2007, the applicant executed an NGB Form 337 as a warrant officer one (WO1) in the GAARNG and he was granted temporary Federal Recognition. There is no evidence the applicant received permanent Federal Recognition for initial appointment as a WO1 from the NGB within the six-month period required by National Guard/Army Regulations. Records show that the applicant was granted temporary Federal Recognition effective 26 June 2007 upon his initial appointment in the GAARNG as a WO1.
ARMY | BCMR | CY2008 | 20080016389
The applicant requests correction of his military records to show that he is participating in the Army Student Loan Repayment Program (SLRP). The first year after his reenlistment his command instructed him to not submit a packet until the following year. He submitted requests for loan repayment under the program.
ARMY | BCMR | CY2008 | 20080016393
Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's 1971 DD Form 214 shows award of one Army Commendation Medal, the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal (correctly known as the Republic of Vietnam Campaign Medal with Device (1960)), and qualification as a marksman with the rifle bar. The evidence does, however, confirm the applicant was awarded two Army Commendation Medals...
ARMY | BCMR | CY2008 | 20080016396
The applicant requests that item 12b (Separation Date This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show 4 April 1998 instead of 24 March 2000. He contends that he was separated early after serving six months of confinement as the result of a 1997 general court-martial. 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 | 20080016398
IN THE CASE OF: BOARD DATE: 17 March 2009 DOCKET NUMBER: AR20080016398 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant provides his DD Form 214, Officer Record Brief, and two BSM certificates in support of his application. This document shows that Permanent Orders Number 170-001, dated 17 April 2006, awarded the applicant the BSM for meritorious service in support of Operations Enduring and Iraqi Freedom while serving as the Third United States Army Chief of Staff during the...
ARMY | BCMR | CY2008 | 20080016400
Although a UOTHC conditions discharge is normally appropriate for a Soldier discharged under this chapter, the separation authority may issue a GD or HD if warranted by the member's overall record of service. Further, the applicant's record of military service was not sufficiently meritorious for the separation authority to support an HD or GD at the time of his discharge, nor does it support an upgrade at this time. Further, even if the GD was properly issued based on documentation not on...
ARMY | BCMR | CY2008 | 20080016404
The applicant requests the transfer of his DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)) from the performance portion to the restricted portion of his Official Military Personnel File (OMPF), an upgrade of his reentry eligibility (RE) code, and a personal hearing. With respect to the applicant's RE code, the governing Army regulation states, in pertinent part, that prior to discharge or release from active duty, individuals will be assigned...
ARMY | BCMR | CY2008 | 20080016405
In its decision, the VA stated that an evaluation of 40 percent is assigned when insulin, restricted diet, and regulation of activities are required. The PDA stated that the applicant's physical profile only related to meal and medical care access, and did not preclude any exercise activities or physical training testing. The PDA recommended no change to the applicant's military records.
ARMY | BCMR | CY2008 | 20080016416
Item 5 (Date of Birth) of his DD Form 47 (Record of Induction) shows the entry 13 August 1939. He was honorably discharged on 2 June 1960 for the purpose of immediate reenlistment. There is no indication in the applicant's records that he used 13 August 1940 as his DOB throughout his military service. The applicant requests that his DD Form 214 be corrected to show his correct DOB as 13 August 1940.
ARMY | BCMR | CY2008 | 20080016421
Counsel states that the applicant was discharged from the military on 31 October 2006 under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-13, for personality disorder. Counsel also argues that the Army incorrectly discharged the applicant for personality disorder and that the applicant should have been discharged for PTSD, that the applicant's medical records from 2006 support a discharge based on a diagnosis of PTSD not of...
ARMY | BCMR | CY2008 | 20080016437
He states that all of his service-connected disabilities should have been rated in his medical board evaluation. The USAPDA stated the applicant's MEBD fully reviewed all of the applicant's medical history and, at the time of the MEBD, the only condition that was limiting the applicant's performance of duty was his back pain. Consequently, due to the two concepts involved, an individual's medical condition, although not considered medically unfitting for military service at the time of...
ARMY | BCMR | CY2008 | 20080016438
On 30 November 2006, by letter, the applicant was notified that there was no evidence of ADL loss in the medical documentation he submitted and accordingly, his claim was denied. The applicant in this case did not provide substantiating evidence to support a contention that he depended on someone else to assist him for 30 days or more in the performance of his ADLs. Since TSGLI claims may be filed if a claimant is unable to perform 2 of 6 ADLs for 30 days or more, the records support...
ARMY | BCMR | CY2008 | 20080016442
The applicant requests, in effect, reconsideration of her earlier request for correction of her military records by upgrading her bad conduct discharge to a general discharge. The applicant states that another Soldier owed her money. 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 AR 20070012511, on 14 February 2008.
ARMY | BCMR | CY2008 | 20080016443
Table 2-1 (DD Form 214 Preparation Instructions) of the Separation Documents regulation, in effect at the time of the applicant's discharge, contains item-by-item instructions for completing the DD Form 214. a. The instructions for Item 14 (Military Education) states to list formal in-service training courses by title, length in weeks, and year successfully completed during the period of service covered. Therefore, it would be appropriate to correct Item 14 of the applicants DD Form 214...
ARMY | BCMR | CY2008 | 20080016444
The applicant requests, in effect, that Item 12c (Net Active Service This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 15 November 2006 be corrected to show he completed 0001 02 18 (1 year, 2 months, and 18 days) of net active service this period instead of 0001 05 27 (1 year, 5 months, and 27 days). The applicant's DA Form 1506, dated 21 November 2006, records a period of active duty in the SCARNG from 28 August 2005 to 15...
ARMY | BCMR | CY2008 | 20080016447
The applicant requests, in effect, award of the combat service badge [correctly known as the Combat Action Badge]. There is no evidence in the available records that shows the applicant was either awarded or recommended for award of the Combat Action Badge. Although records show he served in an imminent danger pay area while in Iraq, there is no evidence in the available records and the applicant did not provide sufficient evidence showing he was personally engaged by the enemy.
ARMY | BCMR | CY2008 | 20080016454
The Commander further stated that the applicant requested a Commander's Inquiry in August and December 2004 and in April 2005 and that to date, the inquiry had not been completed. The applicant essentially provided numerous additional arguments to bolster his claim that the OSRB did not properly process his appeal of the contested report including presumption of regularity should not apply, the rater listed was not the applicant's supervisor, the rater misrepresented the APFT data in part...
ARMY | BCMR | CY2008 | 20080016455
The applicant requests, in effect, that he receive additional constructive credit for his prior commissioned service in the Army National Guard and that his date of rank (DOR) to captain be adjusted. The applicant should have received constructive credit of 5 years, 7 months, and 14 days as of the day he was appointed in the Dental Corps. Per the advisory opinion, the applicant was incorrectly not awarded constructive credit for his prior commissioned service in the New York Army National...
ARMY | BCMR | CY2008 | 20080016457
The regulation governing award of the Combat Infantryman Badge specifically states that to be eligible for this badge a Soldier must be serving in an infantry MOS, in an infantry unit of regimental or smaller size, during such times as the unit is engaged in active ground combat, and he must actively participate in such ground combat. A Soldier serving in an infantry MOS and in an infantry unit alone is insufficient to warrant award of the Combat Infantryman Badge. The applicant did not...
ARMY | BCMR | CY2008 | 20080016458
IN THE CASE OF: BOARD DATE: 12 February 2009 DOCKET NUMBER: AR20080016458 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant provided a Certificate of Appreciation for service in the Armed Forces of the United States during the period 18 November 1969 through 22 June 1971 that shows his rank as SGT. Therefore, his DD Form 214 for the ending period of 22 June 1971, which shows he was promoted on 16 September 1970 to the rank of SP4/E-4, is correct.
ARMY | BCMR | CY2008 | 20080016461
The applicant requests correction of item 12f (Foreign Service) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 10 September 2008 to show she served 5 months and 3 days of foreign service from her first mobilization from 29 December 2002 through 1 June 2003. Item 12f of her DD Form 214 for the period ending 10 September 2008 does not show any foreign service. The applicant states, in effect, that her DD Form 214 for the period ending 24 June...
ARMY | BCMR | CY2008 | 20080016462
The applicant, the son of a deceased former service member (FSM), requests that his late fathers DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 July 1989 be corrected to show award of the Meritorious Service Medal, the Army of Occupation Medal with Germany Clasp, and a fourth award of the Overseas Service Ribbon (OSR). The applicant provides the FSMs death certificate; award orders and a certificate for the Meritorious Service Medal;...
ARMY | BCMR | CY2008 | 20080016463
The FSMs military records are not available to the Board for review. The applicant submitted a self-authored statement, dated 31 January 2008, in which she states the FSM was wounded in Italy around November or December 1943 by pieces of flying shrapnel that hit both his legs and his head, and this should qualify him for award of the Purple Heart. Without service records or general orders that show the FSM was awarded the Purple Heart, there is no way the Board can grant the applicants request.
ARMY | BCMR | CY2008 | 20080016467
The applicant states, in effect, that he was presented the Purple Heart award and medal while he was still in Vietnam outprocessing and is attaching his certificate for the Purple Heart. In support of his request for reconsideration, the applicant provides copies of an award certificate for the Purple Heart, his DD Form 214, and his VA Rating Decision. The regulation governing award of the Purple Heart specifically states that in order to support award of the Purple Heart, there must be...
ARMY | BCMR | CY2008 | 20080016468
The applicant requests, in effect, correction of appropriate military records to show a reentry eligibility (RE) code which would allow enlistment. Table 3-1 (U.S. Army reentry eligibility codes), of Army Regulation 601-210 states that RE code 4 applies to persons separated from last period of service with a non-waivable disqualification. There is no evidence in the available record, and the applicant has provided no evidence, that shows irregularity in the assignment of his RE code.
ARMY | BCMR | CY2008 | 20080016469
The applicant requests, in effect, award of the Combat Infantryman Badge, the Air Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, there is insufficient evidence on which to base award of the Air Medal in this case. The applicant participated in one campaign during his assignment in Vietnam which makes him eligible for award of the Vietnam Service Medal with one bronze service star.
ARMY | BCMR | CY2008 | 20080016474
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Global War on Terrorism Expeditionary Medal. It is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism (GWOT) operations on or after 11 September 2001 to a date to be determined. Service members may be awarded both the GWOTEM and the Global War on Terrorism Service Medal (GWOTSM)...
ARMY | BCMR | CY2008 | 20080016475
Application for correction of military records (with supporting documents provided, if any). The applicant's DD Form 47 (Record of Induction) does not contain any entries or information concerning an SSN. There is no evidence or official documentation that shows when the applicant applied for an SSN or what SSN he was issued at that time.
ARMY | BCMR | CY2008 | 20080016477
Application for correction of military records (with supporting documents provided, if any). The applicant's stated acceptance of responsibility for his actions and his undocumented activities in support of military-related efforts in his community are noted. ABCMR Record of Proceedings (cont) AR20080016477 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080016477 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2008 | 20080016478
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the ending period 4 February 1984 to show award of the Army Achievement Medal. DISCUSSION AND CONCLUSIONS: The Evidence of record shows that the applicant was awarded the Army Achievement Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 4 February 1984 to...
ARMY | BCMR | CY2008 | 20080016482
Application for correction of military records (with supporting documents provided, if any). This regulation further provides, in pertinent part, that when an active duty Soldier is deployed with his or her unit during the period covered by the DD Form 214, an entry will be made in Item 18 to show "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD YYYMMDD)." Since there is no evidence to show the exact dates the applicant served in Iraq, there is...
ARMY | BCMR | CY2008 | 20080016485
The applicant's DD Form 214 does not show that he was awarded the Korea Defense Service 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. Therefore, he is entitled to award of the Korea Defense Service Medal, and correction of his military records to show the award of...
ARMY | BCMR | CY2008 | 20080016486
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of the social security number shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The evidence of record and documentation submitted with the application shows the third digit of the social security number should be a "7."
ARMY | BCMR | CY2008 | 20080016488
The applicant requests, in effect, that Ranger Tab award orders and revocation be removed from his Official Military Personnel File (OMPF). The HR senior sergeant also states that he coordinated with the OMPF helpdesk to have the applicants Ranger Tab orders removed from the OMPF and was informed that once a document is filed in the OMPF it cannot be removed unless revocation orders are issued. The evidence of record confirms the Ranger Tab was erroneously awarded to the applicant prior...
ARMY | BCMR | CY2008 | 20080016490
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his last name as F_____. His DD Form 47 (Record of Induction) shows his last name as W_______. _______ _ 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 | 20080016493
10. Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214. The applicants records contain Special Orders Number 128, Headquarters, United States Army Vietnam, dated 7 May 1968, awarding him the Combat Infantryman Badge. 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 Purple Heart for wounds received in action on 2 September 1968...
ARMY | BCMR | CY2008 | 20080016495
The Proceedings of a Federal Recognition Examining Board, dated 19 September 2007, shows the board found the applicant to be physically, morally, generally, and professionally qualified for the appointment and again recommended he be granted Federal Recognition. Records show that the applicant was granted temporary Federal Recognition effective 29 November 2006 upon his initial appointment in the GAARNG as WO1. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2008 | 20080016499
The applicant provides, in support of his application, copies of both of his oaths of office to WO1, Proceedings of a Federal Recognition Examining Board, Federal Recognition orders, promotion orders, and seven additional pages from his military personnel record. There is no evidence of record that shows why a Federal Recognition Board was not convened until almost 2 years after the applicant was appointed. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2008 | 20080016502
Application for correction of military records (with supporting documents provided, if any). She goes on to state that at the time she served her birth certificate reflected her DOB as 25 October 1923; however, she has subsequently had her birth certificate corrected to reflect the correct DOB of 25 September 1923. The applicants military records are not available to the Board for review.
ARMY | BCMR | CY2008 | 20080016504
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that a general officer memorandum of reprimand (GOMOR) be removed from his Official Military Personnel File (OMPF). The applicant's contention that the GOMOR in question should be removed from his OMPF because it is unjust and could inhibit his potential for advancement was carefully considered.
ARMY | BCMR | CY2008 | 20080016507
The applicant states, in effect, that after his tenure as a CSM expired he voluntarily accepted a lateral move to a sergeant major (SGM) Individual Mobilization Augmentee (IMA) position with restoration rights to CSM. Considering the short period of time from the date he was laterally appointed as a SGM to the date he transferred to the Retired Reserve, it would be in the interest of justice to show the applicant was transferred to the Retired Reserve before his appointment as a SGM,...