ARMY | BCMR | CY2008 | 20080007555
IN THE CASE OF: BOARD DATE: 16 October 2008 DOCKET NUMBER: AR20080007555 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). The applicant requests his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the Republic of Vietnam Campaign Medal and the "Okinawa Ribbon."
ARMY | BCMR | CY2008 | 20080007558
Application for correction of military records (with supporting documents provided, if any). The applicant's military record was not made available to the Board for review. The applicant's DD Form 214 shows that he was inducted into the Army and entered active duty on 25 October 1966, and was awarded and served in military occupational specialty (MOS) 91B (Medical Specialist).
ARMY | BCMR | CY2008 | 20080007559
When the applicant was awarded the BSM for his service during Operation Iraqi Freedom (OIF), the unit clerk placed Staff Sergeant R**d's BSM narrative on his award certificate. The applicant states, in effect, his BSM Certificate does not reflect his correct duty MOS because the narrative actually belongs to another Soldier, Staff Sergeant P*** V. R**d. He would like the narrative changed. Given this fact, there is no evidence his BSM certificate is in error.
ARMY | BCMR | CY2008 | 20080007561
On 6 March 2007, he reenlisted for a period of 6 years (72 months) and a Selected Reserve Incentive Program (SRIP) bonus of $15,000.00. However, section 7-8 (Termination with recoupment), which curiously follows section 7-9, specifically provides for recoupment of the unearned portion of a reenlistment bonus, effective to the date of entry on AGR status, when a Soldier accepts an AGR position on Title 10 or Title 32 and has served less than six months of the incentive contract following the...
ARMY | BCMR | CY2008 | 20080007562
Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. The evidence of record shows the applicant may have been his mother's sole provider because his father died on 12 November 1957. 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 | 20080007563
The applicant requests, in effect, that his record be corrected to show he enlisted in the Regular Army (RA) in the rank of specialist (SPC)/pay grade E-4. The applicant's military records show he enlisted in the Army National Guard of North Carolina on 24 June 1993. Therefore, in view of the facts of this case, it would be appropriate to correct his enlistment contract, dated 8 November 2007, to show he enlisted in the rank and pay grade of SPC/E-4.
ARMY | BCMR | CY2008 | 20080007566
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his records be corrected to show the award of the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal based on his qualifying service in Iraq. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the award of the Iraq Campaign Medal and deleting the Global War on Terrorism...
ARMY | BCMR | CY2008 | 20080007567
Application for correction of military records (with supporting documents provided, if any). On 25 November 1997, the applicant enlisted in the Regular Army for a period of 4 years. The applicant requests that his DD Form 214, with an effective date of 15 August 1991, and the accompanying DD Form 215, be moved to the restricted portion of his OMPF.
ARMY | BCMR | CY2008 | 20080007568
The applicant requests that his date of rank (DOR) as a Chief Warrant Officer Two (CW2) be corrected to 6 April 2006 [sic]. The applicant provides: a. The applicant's DOR as a CW2 should be 7 April 2007.
ARMY | BCMR | CY2008 | 20080007570
The applicant's DD Form 214 does not show that he was awarded the Afghanistan Campaign Medal. The evidence of record clearly shows that the applicant served in Afghanistan from 6 December 2002 to 28 April 2003, but this deployment is not listed in item 18 of his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding the following statement in item 18 of the applicant's DD Form 214: "SERVICE IN...
ARMY | BCMR | CY2008 | 20080007571
There is no evidence that he had surgery before being discharged from active duty. There is no evidence in the record and the applicant failed to provide evidence that shows his records were reviewed by a MEB or a PEB. The Army must find unfitness for duty at the time of separation before a member may be medically retired or separated.
ARMY | BCMR | CY2008 | 20080007572
The applicant requests, in effect, that his undesirable discharge be upgraded to a discharge under honorable conditions. On 24 August 1972, court-martial charges were preferred by Headquarters Command, Fort Campbell, Kentucky, against the applicant for being AWOL during the period from 4 October 1971 to 8 August 1972. At the time of the applicant's separation the regulation provided for the issuance of an undesirable discharge.
ARMY | BCMR | CY2008 | 20080007573
On 15 January 2008, the applicant was awarded the LOM for the period of 31 March 1996 to 1 April 2006. 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 | 20080007577
IN THE CASE OF: BOARD DATE: 13 AUGUST 2008 DOCKET NUMBER: AR20080007577 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his debt as a result of recoupment of his Army National Guard (ARNG) enlistment bonus be cancelled. Annex B of the applicant's enlistment contract also shows that he understood that he would be terminated from bonus eligibility, with recoupment, if he became an unsatisfactory participant by accumulating nine unexcused absences within a 12-month...
ARMY | BCMR | CY2008 | 20080007578
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 17 July 1973, the FSM surrendered to military authorities at Fort Dix, New Jersey, where charges were preferred against him for the AWOL charge. On 18 October 1973, the United States Army Court of Military Review (USACMR) having found the findings of guilty and sentence as approved by proper authority correct in law and fact and having determined, on the basis of the entire record, that the findings of guilty and only so much of the...
ARMY | BCMR | CY2008 | 20080007584
Army Regulation 635-5 (Separation Documents), in effect at the time, provides in pertinent part, that all decorations, service medals, campaign credits, and badges awarded or authorized during the period covered by the DD Form 214 taken from DA Form 66 (Officer Qualification Record) or Section 9, DA Form 24 (Service Record) are to be entered in Item 26 of the DD Form 214. Therefore, there is sufficient evidence to show the applicant is authorized the National Defense Service Medal in this...
ARMY | BCMR | CY2008 | 20080007587
The applicant states, in effect, he was denied due process during the administrative reduction board process. The applicant provides the following documents in support of his application: Memorandum, dated 17 September 2002, Subject: Notification to Appear Before an Administrative Reduction Board; Report of Proceedings By Investigating Officer/Board of Officers (DA Form 1574), dated 10 October 2002; Memorandum, dated 5 November 2002, Subject: Appeal of Administrative Board; Office of the...
ARMY | BCMR | CY2008 | 20080007588
In her request for discharge, the applicant indicated that she understood that by requesting discharge, she was admitting guilt to the charges against her, or of a lesser included offense, that also authorized the imposition of a bad conduct discharge or a discharge under other honorable conditions. The DD Form 214 she was issued at the time shows she was discharged for the good of the service with a characterization of service of Under Other Than Honorable Conditions. Army Regulation...
ARMY | BCMR | CY2008 | 20080007589
The applicant provides: a. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial. There is no evidence the applicant petitioned the Army Discharge Review Board (ADRB) seeking a discharge upgrade during that board's...
ARMY | BCMR | CY2008 | 20080007592
There are service medical records showing the applicant was medically evacuated on 5 November 1968 for treatment of a compression fracture of the T12 sustained as a result of an accident when a bunker collapsed on the applicant. The evidence in his service medical records clearly shows that he sustained a back injury when a bunker collapsed. In the absence of evidence that the applicant was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient...
ARMY | BCMR | CY2008 | 20080007593
Application for correction of military records (with supporting documents provided, if any). The applicant states, in effect, his service in SWA in support of Operation Desert Shield/Desert Storm should be reflected on his DD Form 214. By regulation, all overseas service completed during the period covered by the DD Form 214 will be entered in Item 12f, all awards earned during military service will be entered in Item 13, and an entry documenting deployed service of active duty Soldiers...
ARMY | BCMR | CY2008 | 20080007594
The applicants complete military records are not available to the Board. Item 29 (Wounds Received as a Result of Action with Enemy Forces) on the applicants DD Form 214 shows the entry None. The applicants name is not listed on the Korean Casualty Roster. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.
ARMY | BCMR | CY2008 | 20080007595
The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Air Medal and the Good Conduct Medal. The applicant states, in effect, that he was awarded the Air Medal but it is not shown on his DD Form 214. The applicant's military records show he had 5 days of lost time during the period 7 October 1970 to 11 October 1970, which is a disqualifying factor for award of the Good Conduct Medal.
ARMY | BCMR | CY2008 | 20080007605
The applicant requests correction of his records to show he was medically retired instead of honorably separated. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), establishes the Army physical disability evaluation system and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his office, grade, rank, or rating. The Army must find...
ARMY | BCMR | CY2008 | 20080007606
Title 10, U. S. Code, section 1448(f)(1)(A)(i), states the Secretary concerned shall pay an RCSBP annuity to the surviving spouse of a person who is eligible to provide a reserve component annuity and who dies before receiving his 20-year letter. Among the important public policy considerations behind statutes of limitations, including the 6-year limitation for filing claims contained in this section of Title 31, U. S. Code, is relieving the government of the need to retain, access, and...
ARMY | BCMR | CY2008 | 20080007607
This examination conflicts with the MEB examination regarding the measurements of the applicant's range of motion, diagnosis, as well as reporting of muscle spasms and tenderness to touch which was not present in August 2004. It appears that the DVA based its rating of the applicant's back condition on the September 2004 civilian examination and rated his back as being 40 percent disabling because his forward flexion of the thoracolumbar spine was 30 degrees or less. However, the DVA's...
ARMY | BCMR | CY2008 | 20080007611
He goes on to state that one order for the 3rd award and one order for the 6th award of the GCMDL should be removed from his OMPF and revoked. The applicant provides a personnel records request form and copies of all orders awarding him the GCMDL. Accordingly, action should be taken to revoke Permanent Orders 101-689 dated 11 April 2001 (3rd Award) and Permanent Orders 085-03 dated 31 March 2008 (6th Award), which are both duplicate orders contained in his OMPF.
ARMY | BCMR | CY2008 | 20080007613
The applicant requests, in effect, that he be awarded the Combat Infantryman Badge (CIB). His DD Form 214 does not show the CIB as an authorized award. The evidence shows the applicant held an infantry MOS, and he was deployed to Southwest Asia from 15 February 1991 to 15 March 1991 (1 month).
ARMY | BCMR | CY2008 | 20080007614
IN THE CASE OF: BOARD DATE: 5 August 2008 DOCKET NUMBER: AR20080007614 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that her records be corrected to show she is entitled to an early Reserve retirement due to physical disability. The applicant states that when she was discharged from the Army National Guard (ARNG), her U.S. Air Force Reserve (USAFR) service was not on her record.
ARMY | BCMR | CY2008 | 20080007617
The applicant states, in effect, that he did not know the marijuana was on his person and that he did not make a habit of possessing marijuana. On 15 September 1972, the applicant was separated with an undesirable discharge under the provisions chapter 10, Army regulation 635-200. There is no available evidence to show that possession of marijuana was the offense for which the applicant requested discharge to avoid trial by court martial.
ARMY | BCMR | CY2008 | 20080007618
The applicant's records contain no orders awarding him the CIB. This document shows the units to which the applicant was assigned were cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968 by Department of the Army General Order Number 31, dated 1969. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Vietnam Gallantry Cross with Palm Unit Citation...
ARMY | BCMR | CY2008 | 20080007621
The applicant requests that his DD Form 214 (Report of Separation from Active Duty), with an effective date of 24 June 1974, be corrected to show award of the Purple Heart and the authority and reason for discharge. However, the DD Form 214 contained in the applicant's official military record shows that he was retired under the provisions of Title 10, U.S. Code, Section 1202 [due to a physical disability temporary] and assigned a Separation Designator Code (SPD) 270. The evidence of...
ARMY | BCMR | CY2008 | 20080007622
The applicant's military records show that he enlisted in the United States Army Reserve, in pay grade E-1, on 26 August 2002, for 8 years. The applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, for misconduct, with a general discharge. Based on the available evidence, there is no basis for the upgrade of the applicant's discharge from general, under honorable conditions to a fully honorable discharge.
ARMY | BCMR | CY2008 | 20080007623
No NCOER was attached to his application; however, it appears the NCOER he meant was on file in the fiche portion of his Official Military Personnel File. The orders the applicant provided are accepted as sufficient evidence to show he was awarded the third award of the Army Good Conduct Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the entries, Army Good Conduct Medal (2nd Award) and Southwest...
ARMY | BCMR | CY2008 | 20080007624
There are no orders in the applicant's military service records awarding him the Purple Heart. In the absence of military records which show that the applicant was wounded or treated for wounds resulting from hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case. _______ _ 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 | 20080007627
Copies of orders awarding the applicant the Purple Heart and the Bronze Star Medal are not on file in the applicant's reconstructed records. AR 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, in this case the European-African-Middle Eastern Service Medal. As a result, the Board...
ARMY | BCMR | CY2008 | 20080007629
IN THE CASE OF: BOARD DATE: 17 July 2008 DOCKET NUMBER: AR20080007629 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Regrettably, in view of the lack of substantiating evidence the Purple Heart award certificate and the 13 March 1969 letter are insufficient evidence to verify that he was wounded in action. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the Purple Heart and showing this award on his DD Form 214.
ARMY | BCMR | CY2008 | 20080007630
The regulation, in effect at the time, provided that the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 22c. Although the applicant was on temporary duty to Vietnam from 3 June 1969 to 25 September 1969, there is no provision to show temporary duty assignments on the DD Form 214. The applicant may use this Record of Proceedings as...
ARMY | BCMR | CY2008 | 20080007631
IN THE CASE OF: BOARD DATE: 15 January 2009 DOCKET NUMBER: AR20080007631 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicants service records contain the following orders awarding the Bronze Star Medal: a. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Form 214 all mention of the Bronze Star Medal in items 24 and 30; b. adding to his DD Form 214 in item 24 the Bronze Star Medal with...
ARMY | BCMR | CY2008 | 20080007632
The Chief recommended that the request for continuance on active duty not be favorably considered due to the physical impairment described on the attached DA Form 199 (PEB Proceedings) and in available medical records. Army Regulation 635-40 also provides that a Soldier may be separated with severance pay if the Soldier's disability is rated at less than 30 percent, if the Soldier has less than 20 years of service as defined in Title 10, U.S. Code, section 1208, and if the Soldier's...
ARMY | BCMR | CY2008 | 20080007633
The PEB rated the applicant's back condition at 10 percent disabling. There is no available evidence that the applicant's disability was improperly rated. The VA is not required to find unfitness for duty.
ARMY | BCMR | CY2008 | 20080007634
The PEB recommended that the applicant be placed on the temporary disability retired list (TDRL) with a 30 percent combined disability rating. The PEB found him to be unfit for further military service and assigned him a disability percentage of 30 percent for his medical conditions and referred him to the TDRL. The applicant's condition was appropriately considered in determining his disability rating; a rating with which he concurred.
ARMY | BCMR | CY2008 | 20080007635
The applicant requests, in effect, that the entry in item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from "Physical Disability Temporary" to "Physical Disability Permanent, Combat-Related Injury." The applicant essentially states that his DA Form 199 (Physical Evaluation Board [PEB] Proceedings), dated 18 December 1986, and DA Form 3713 (Data for Retired Pay), dated 27 February 1987 both state that his...
ARMY | BCMR | CY2008 | 20080007637
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his Korean service be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The applicant states that he served in Korea from April 1957 to August 1958.
ARMY | BCMR | CY2008 | 20080007639
Application for correction of military records (with supporting documents provided, if any). There is no evidence of record which shows the applicant was promoted to sergeant first class/E-7. There is no evidence of record which shows he was promoted to sergeant first class/E-7 prior to his retirement.
ARMY | BCMR | CY2008 | 20080007641
The applicant requests, in effect, correction of his record to show award of the Bronze Star Medal, award of the Combat Medical Badge, the battles and campaigns in which he participated, an additional military occupational specialty (MOS), and the immunizations that he received. Although he performed the duties of a Litter Bearer (657) for 12 months and served as a General Clerk (055) in a battalion aid station where his duties included maintaining various records, the available records...
ARMY | BCMR | CY2008 | 20080007642
Application for correction of military records (with supporting documents provided, if any). The applicant states that he entered into the service when he was 19 years old and that he was young and ready for the world. The Certificate of Release or Discharge from Active Duty, that he was furnished at the time of his discharge indicates that he was discharged on 16 December 1981, under other than honorable conditions, under the provisions of Army Regulation 635-200, chapter 10, for the good...
ARMY | BCMR | CY2008 | 20080007644
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that his undesirable discharge be upgraded to honorable. On 30 June 1972, the separation authority approved the applicants request for discharge and directed that he be issued an Undesirable Discharge Certificate.
ARMY | BCMR | CY2008 | 20080007645
Records further show the applicant served continuously until his discharge on 20 April 1990. On 11 January 1990, the applicant's unit commander initiated action to separate him for misconduct under the provision of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 14, paragraph 14-12b(2). 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 | 20080007646
Application for correction of military records (with supporting documents provided, if any). However, at the time of the applicant's separation the regulation provided for the issuance of an undesirable discharge. In the absence of the applicant's complete chapter 10 discharge proceedings, the applicant's voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, to avoid trial by court-martial, is presumed to have been...