ARMY | BCMR | CY2008 | 20080008080
Public Law 99-145, dated 8 November 1985, permitted retirees to elect SBP coverage for a former spouse under spouse coverage provisions vice insurable interest provisions, and Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage in those cases where the retiree had elected spouse coverage at retirement or was still on active duty and had not yet made an SBP election. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2008 | 20080008081
The applicant requests, in effect, that his record be corrected to show he was discharged from the Army National Guard (ARNG) and transferred to the Retired Reserve on 26 December 2005 vice 20 December 2005; that he be credited with 21 years of qualifying service for a non-regular Reserve retirement; and that he be issued a corrected DD Form 214 (Certificate of Release or Discharge from Active Duty) and AHRC Form 249-2-E (Chronological Statement of Retirement Points) that document 21 years...
ARMY | BCMR | CY2008 | 20080008082
Army Regulation 635-5, in effect at the time the applicant retired from active duty, in pertinent part, stated that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record (PQR), Officer Record Brief (ORB), enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket (MPRJ), or any other document authorized for filing in the Official Military Personnel File (OMPF). ...
ARMY | BCMR | CY2008 | 20080008084
The applicant states that there is no error in his records. 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. There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statue of limitations.
ARMY | BCMR | CY2008 | 20080008085
Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service. Therefore, his records should be corrected to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received on 5 April 1969; b. awarding him the Army Good Conduct Medal for the...
ARMY | BCMR | CY2008 | 20080008086
The applicant requests, in effect, award of the Combat Infantryman Badge. The applicant's available service personnel records are void of any orders or other documents that indicate he was ever recommended for or awarded the Combat Infantryman Badge by proper authority while serving on active duty. 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 | 20080008093
In the original consideration of his case, the applicant provided orders that showed he was promoted to Sergeant, E-5, on 15 August 1968 while in the 41st Infantry Platoon (Scout Dog) in MOS 11F4D. Regrettably, without the orders awarding the applicant the Bronze Star Medal or other corroborating evidence (e.g., an affidavit from the individual who recommended him for the award or from an individual who knew of the circumstances surrounding the recommendation for award and preferably the DD...
ARMY | BCMR | CY2008 | 20080008095
The applicant's records show that he enlisted in the Regular Army for a period of 4 years on 2 June 1978. The "KGF" Separation code is the correct code for Soldiers separating under chapter 16-5b of Army Regulation 635-200, Bar to Reenlistment. The SPD code of KGF and RE code of 4 were the appropriate codes for the applicant based on the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of chapter 16-5b of Army Regulation 635-200.
ARMY | BCMR | CY2008 | 20080008096
The applicant states that he was separated from active duty and was told that he had a preexisting condition from a motorcycle accident. Paragraph 5-11 specifically provides that Soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment, or who became medically disqualified under these standards prior to entry on active duty, active duty for training, or initial entry training will be separated. Pertinent Army regulations provide...
ARMY | BCMR | CY2008 | 20080008101
IN THE CASE OF: BOARD DATE: 29 July 2008 DOCKET NUMBER: AR20080008101 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant's military records are not available to the Board for review. _______xxxx___________ 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 | 20080008103
Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. The evidence of record shows the applicant was awarded the Vietnam Service Medal. 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 27 March 1967 in the Republic of...
ARMY | BCMR | CY2008 | 20080008104
There is no evidence in the available records which show the applicant was disqualified for this award. Therefore, the applicant is entitled to award of the AGCM for the period 25 October 1966 through 1 October 1968 and to correction of his records to show the award of the AGCM (First Award). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the Purple Heart for wounds received as a result of hostile action in...
ARMY | BCMR | CY2008 | 20080008105
The applicant requests payment of her Selected Reenlistment Bonus (SRB). However, there is no evidence that the applicant's reenlistment contract was voided and, as noted above, she continued to serve in AGR until she was notified of medical disqualification. Although, HRC- St. Louis erroneously gave her a Selective Service Reenlistment Bonus Control Number when her primary MOS was not an authorized specialty for entitlement to the bonus, she had the opportunity to exercise the option to...
ARMY | BCMR | CY2008 | 20080008107
The applicant requests, in effect, that his rank be restored to Chief Warrant Officer Two (CW2) and that he be promoted to Chief Warrant Officer Three (CW3), that he receive additional compulsory service, and that he be paid back pay as a CW3 for his 13-month tour in Iraq. Paragraph 4-33a of Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) states that USAR warrant officers in grades CW2 and CW3 who twice fail to be selected for...
ARMY | BCMR | CY2008 | 20080008109
The applicant requests correction of his military records to show award of the Purple Heart. The evidence provided by the applicant indicates that he may have been in the vicinity of an ammunition explosion on 11 March 1951; however, it does not show that he received any wounds as a result of enemy action, or that he received medical treatment for any such wounds. __________ _X _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the...
ARMY | BCMR | CY2008 | 20080008110
This letter notified the FSM that he had completed the required years of service and would be eligible for retired upon application at age 60. In her self-authored letter, dated 29 August 2006, to her Member of Congress, the applicant states that her husband died at the age of 55 on 16 March 1996 and that he had earlier retired from the USAR after 22 years of service. The FSM's records do not indicate that he elected to participate in the RCSBP and the applicant has not provided sufficient...
ARMY | BCMR | CY2008 | 20080008111
There is no evidence of record and the applicant provided no evidence to show he was injured in France. There is insufficient evidence on which to base award of the Purple Heart or to correct his WD AGO Form 53-55 to show he was injured in France. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending his WD AGO Form 53-55 to show he is authorized to wear four bronze service stars on his already-awarded...
ARMY | BCMR | CY2008 | 20080008114
The applicant states, in effect, that while serving in the Republic of Vietnam (RVN) he was assigned to a unit as an infantryman and performed the duties of an infantryman. There are no orders in his official record showing he was awarded the CIB. The evidence in the official record shows the applicant held MOS 94B and performed duties as a cook while in the RVN.
ARMY | BCMR | CY2008 | 20080008121
The applicant states, in effect, that he should have been awarded the Combat Infantryman Badge in lieu of the Combat Action Badge due to the fact that he was deployed to Afghanistan in support of Operation Enduring Freedom as an infantry officer performing infantry missions while engaged under enemy direct fire and indirect fire. The applicant's record shows that he is currently serving in the Puerto Rico Army National Guard. As a result, although the evidence of record shows the applicant...
ARMY | BCMR | CY2008 | 20080008122
The applicant's DD Form 214, for the period ending 20 November 2006, shows he was ordered to active duty under the provisions of 10 U.S.C. 12301(d) which commenced on 29 January 2006 and continued through 20 November 2006 for a total of 295 days of AIP status. Evidence shows that the applicant was involuntarily mobilized for 1025 days during the periods 14 February 2003 through 28 September 2004 and 15 September 2005 through 20 November 2006.
ARMY | BCMR | CY2008 | 20080008130
The NGB Form 62-E (Application for Federal Recognition as an Army National Guard Officer or Warrant Officer and Appointment as a Reserve Commissioned Officer or Warrant Officer of the Army in the Army National Guard of the United States) indicated the applicant was desired to fill the position of Chaplain (paragraph 101, line 09) in Headquarters, 216th Engineer Battalion. The evidence of record shows that the applicant had been assigned to Headquarters and Service Company, 216th Engineer...
ARMY | BCMR | CY2008 | 20080008167
IN THE CASE OF: BOARD DATE: 17 June 2008 DOCKET NUMBER: AR20080008167 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his Armed Forces of the United States Report of Transfer or Discharge (D Form 214) to delete 3 days of excess leave and to reimburse him for any pay that may have been withheld. The evidence of record shows that the applicant served on active duty for a period of 2 years, and would have earned a total of 60 days leave.
ARMY | BCMR | CY2008 | 20080008174
Application for correction of military records (with supporting documents provided, if any). All Soldiers on active duty, including Reserve Component Soldiers mobilized, or National Guard Soldiers activated on or after 11 September 2001 to a date to be determined, having served 30 consecutive days or 60 nonconsecutive days, are authorized the Global War on Terrorism Service Medal; and c. the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United...
ARMY | BCMR | CY2008 | 20080008179
The evidence of record clearly shows that the applicant served overseas during the periods from 16 January to 20 July 2005 and from 12 October 2005 to 17 January 2006. Furthermore, Item 18 (Remarks) of the applicants DD Form 214 is devoid of his deployed service and should be corrected to show his service in Kosovo from 6 February 2005 to 20 July 2005; and again from 12 October 2005 to 17 January 2006. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2008 | 20080008183
IN THE CASE OF: BOARD DATE: 8 July 2008 DOCKET NUMBER: AR20080008183 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. On 26 May 1982, the Army Discharge Review Board denied the applicant's request for a general discharge. Since the applicants record of service included one nonjudicial punishment and 315 days of lost time, his record of service was not satisfactory and did not meet the standards of acceptable conduct and performance of duty for Army personnel.
ARMY | BCMR | CY2008 | 20080008192
IN THE CASE OF: BOARD DATE: 22 July 2008 DOCKET NUMBER: AR20080008192 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his 20 February 2005 Separation Document (DD Form 214) be corrected by adding the Combat Action Badge (CAB).
ARMY | BCMR | CY2008 | 20080008196
Application for correction of military records (with supporting documents provided, if any). The applicant requests that item 5 (Date of Birth) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show 9 June 1956 instead of 9 August 1956. The applicants military records are not available to the Board.
ARMY | BCMR | CY2008 | 20080008197
The applicant requests that his Certificate of Release or Discharge from Active Duty (DD Form 214) be corrected to show that he was awarded the Meritorious Unit Commendation (MUC). The available records indicate that the applicant is entitled to the inclusion of the MUC on his DD Form 214. 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 to show that he was awarded the Meritorious Unit Commendation.
ARMY | BCMR | CY2008 | 20080008200
Application for correction of military records (with supporting documents provided, if any). _______ _ 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) AR20080008200 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080008200 3 ARMY BOARD FOR CORRECTION OF MILITARY...
ARMY | BCMR | CY2008 | 20080008201
By regulation, in order to award the PH it is necessary to establish that the wound for which the award is being made was received as a result of enemy action. Absent any evidence that the applicant's ear injury and/or hearing loss were received as a result of enemy action, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or...
ARMY | BCMR | CY2008 | 20080008202
The applicant's record shows that on 12 October 2003, while serving in the Arkansas Army National Guard (ARNG), the applicant was ordered to active duty in support of Operation Iraqi Freedom. Further, his record is void of any orders or other documents indicating that he was ever recommended for or awarded the CIB by proper authority while serving on active duty. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must...
ARMY | BCMR | CY2008 | 20080008203
Application for correction of military records (with supporting documents provided, if any). If the applicants shoulder wound had been received as a result of enemy action, given his hospitalization was a matter of record, and his wound was recorded on his separation medical examination, it is likely his DA Form 20 would have properly documented this fact in item 40. Absent any evidence of record that confirms the applicant was wounded in action or treated for a combat-related wound or...
ARMY | BCMR | CY2008 | 20080008204
He claims that after his discharge from the hospital he received three counseling statements (on 17 December 2003, 24 December 2003, and 30 January 2004) which were done in an effort to discharge him with the least favorable discharge, RE code, and separation code. They are required to process a request for waiver under the provisions of chapter 4, Army Regulation 601-210. Therefore, it would be appropriate to correct items 25, 26, and 28 on his DD Form 214 to show he was discharged under...
ARMY | BCMR | CY2008 | 20080008210
The applicant states, in effect, he was selected for promotion to colonel twice and because he was a mobilized officer selected for promotion by a Department of the Army Mandatory Promotion Board he should have been promoted without regard to the existence of a vacancy on the date which he completed the maximum years of service in the grade of lieutenant colonel. The applicant provides a copy of a memorandum, dated 14 January 2005, from The Office of the Assistant Secretary, Manpower and...
ARMY | BCMR | CY2008 | 20080008223
It also notes that there was no available evidence that any additional conditions were disabling at the time of separation. The Army can rate only a condition that adversely impacts upon the member's performance of duty and, then, only to the extent that it does so at the time of the evaluation. Consequently, due to the two concepts involved, the applicant's medical condition, although not considered medically unfitting for military service at the time of separation, discharge or...
ARMY | BCMR | CY2008 | 20080008228
Application for correction of military records (with supporting documents provided, if any). There is no evidence in the applicants records and the applicant did not provide any substantiating evidence that shows he actively engaged or was engaged by the enemy. Therefore, there is insufficient evidence to award the applicant the Combat Action badge in this case.
ARMY | BCMR | CY2008 | 20080008232
The applicant requests, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show that he was awarded the Purple Heart. The evidence of record shows that the applicant's unit of assignment served a period of qualifying service for award of the Army of Occupation Medal with Germany Clasp. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by awarding the applicant the Purple Heart for...
ARMY | BCMR | CY2008 | 20080008233
The applicant requests an upgrade of his discharge and correction of his records as follows: a. correction of entries pertaining to lost time (4 April 1969 to 7 April 1969 and 1 May 1969 to 13 June 1969), in Item 30 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); b. correction of an entry pertaining to lost time (4 April 1969 to 7 April 1969), in Item 44 (Lost Time) of his DD Form 20 (Enlisted Qualification Record); c. correction of the entry...
ARMY | BCMR | CY2008 | 20080008234
IN THE CASE OF: BOARD DATE: 30 December 2008 DOCKET NUMBER: AR20080008234 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. DISCUSSION AND CONCLUSIONS: Although DFAS records show the applicant received imminent danger pay during the period 1 October 2003 to 31 March 2004 in Kuwait, the applicant contends that he served in Iraq from 13 September 2003 to 20 March 2004 (his inclusive dates of service) and he provided a DA Form 638 which states he provided security for convoys to various...
ARMY | BCMR | CY2008 | 20080008236
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 3 December 1984, the applicants commander notified her that he intended to initiate separation action against her under the provisions of Chapter 14, Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), by reason of misconduct-drug abuse. Army Regulation 635-200, Chapter 14 states that an individual is not entitled to have a case heard by an administrative separation board unless they are being considered for a...
ARMY | BCMR | CY2008 | 20080008239
The applicant requests that his discharge be upgraded from general under honorable conditions to an honorable discharge. On 15 December 1986, the appropriate authority approved the elimination packet and waiver of the rehabilitative transfer requirement and directed the applicant receive a general under honorable conditions discharge under the provisions of Army Regulation 635-200, chapter 14, for misconduct. Therefore, the Board determined that the overall merits of this case are...
ARMY | BCMR | CY2008 | 20080008240
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that his Reentry (RE) Codes be changed so he can enlist in the California Army National Guard (CAARNG). The applicant was discharged on 12 May 1987, in pay grade E-2, under the provisions of Army Regulation 635-200, paragraph 14-12b, for Misconduct Pattern of Misconduct, with a general discharge.
ARMY | BCMR | CY2008 | 20080008242
Therefore, it is appropriate to correct the applicant's records by awarding him the Purple Heart for wounds received on 29 January 1951. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Purple Heart for wounds received on 29 January 1951 and the Republic of Korea War Service Medal. _ ____X___ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army...
ARMY | BCMR | CY2008 | 20080008245
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of appropriate military records to show a reentry eligibility (RE) code which would allow enlistment. Based on the available records, the applicant was separated and assigned an RE code in accordance with the applicable regulation.
ARMY | BCMR | CY2008 | 20080008246
The applicant requests his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the correct entry and separation dates. Item 12a (Date Entered Active Duty This Period) of the DD Form 214 he was issued shows the entry 2003 01 24 and Item 12b (Separation Date This Period) shows the entry 2004 01 23. This form also shows he completed 1 year of creditable active military service this period. However, his record is void of the DD Form 214 that was issued...
ARMY | BCMR | CY2008 | 20080008247
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 16 October 1973, the applicant was discharged from active duty under the provisions of Army Regulation 635-200, chapter 10 for the good of the service with an undesirable discharge. On 10 September 1974 and 16 April 1986, the Army Discharge Review Board (ADRB) denied the applicants request for an upgrade of his discharge.
ARMY | BCMR | CY2008 | 20080008248
There are no orders in the applicants available service personnel records that show he was awarded the Purple Heart. There is no evidence of record, and the applicant has provided insufficient evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action during World War II. _________x_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...
ARMY | BCMR | CY2008 | 20080008249
The applicant requests, in effect, that his Enlisted Record and Report of Separation (WD AGO Form 53-55) be corrected to show that he was awarded the Army Good Conduct Medal. The applicant states that he earned the Army Good Conduct Medal; however, the words were omitted from his WD AGO Form 53-55. The applicants military records are not available to the Board for review.
ARMY | BCMR | CY2008 | 20080008251
The applicant's Retirement Points History Statement, dated 6 July 2007, shows that he completed 22 years, 5 months, and 6 days of qualifying service for retired pay. The evidence of record shows that prior to his appointment in the AZARNG on 5 January 1981, the applicant had completed over 17 years of enlisted service. Therefore, the evidence presented clearly shows that the applicant did not complete the required years of service for special pay credit as a commissioned officer with prior...
ARMY | BCMR | CY2008 | 20080008252
In his letter, dated 18 April 2008, a military historian and a former Soldier states that the applicant participated in hard fighting on the Island of Luzon in the Philippines and that in his capacity as a service officer in the Military Order of the Purple Heart, he assisted many veterans in requesting their Purple Hearts, and that although the applicant lacks proof of his wounds, he believes that his medical documents, his disability discharge, and the detailed description of the action in...