ARMY | BCMR | CY2008 | 20080010257
The applicant requests, in effect, that all of his medical conditions be properly evaluated by both a Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB) and that he be granted a minimum 30 percent (%) disability rating. It was finally determined that there was no evidence that the PEB did not review all medical records available and the applicant did not provide any objective evidence of clear administrative error that would require a change to the PEBs finding. Although...
ARMY | BCMR | CY2008 | 20080010258
He further states that the Medical Evaluation Board (MEB) first reviewed his medical records and rendered a finding for "permanent retirement," listed in the narrative to the Physical Evaluation Board (PEB). The applicant also submitted a copy of a DVA Rating Decision, dated 4 January 1999, that shows his service-connected disability rating was increased to 40 percent for residuals of the herniated nucleus pulposus, L-4-5, with radiculopathy, left leg. There is no evidence and the...
ARMY | BCMR | CY2008 | 20080010259
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 AR20070015812, on 26 February 2008. In the original findings, the ABCMR determined that the requirements for award of the Combat Infantryman Badge which indicate that an individual must have engaged the enemy in combat while assigned to an infantry unit could not be established through...
ARMY | BCMR | CY2008 | 20080010261
The applicant requests, in effect, correction of his records to show he retired in pay grade E-7 and authorization of back pay. Item 41 (Awards and Decorations) of the applicant's DA Form 20 lists the Air Medal and Air Medal "(1-12)." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Aircraft Crew Member Badge and adding it to his final DD Form 214.
ARMY | BCMR | CY2008 | 20080010262
The applicant states, in effect, that he was reassigned from the Retired Reserve to the Ready Reserve by authority of Department of the Army, Office of the Adjutant General, U.S. Army Administration Center, St. Louis, MO Letter Orders Number 07-20141, dated 26 July 1971, in the rank of SFC. The evidence of record confirms that the applicant, while on active duty in the Regular Army, was promoted to SFC/E-7 on 29 August 1969, and that this is the highest rank and pay grade he held on active...
ARMY | BCMR | CY2008 | 20080010263
IN THE CASE OF: BOARD DATE: 30 December 2008 DOCKET NUMBER: AR20080010263 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states, in effect, that his records should reflect 26 years, 4 months, and 26 days of service according to his AHRC Form 249-2-E (U.S. Army Human Resources Command, St. Louis, MO, Chronological Statement of Retirement Points). The applicants U.S. Army Reserve Personnel Command, St. Louis, ARPC Form 249-E (formerly AHRC Form 249-2-E), dated 31 October...
ARMY | BCMR | CY2008 | 20080010264
Documents removed from a Soldier's performance portion of his official military personnel file and transferred to the restricted portion of his official military personnel file are not reviewed by promotion selection boards until an individual is being considered for promotion to pay grade E-9 in accordance with Army Regulation 600-8-104, Chapter 2, paragraph 2-6d. After considering the documentation and the filing recommendation of the chain of command, it was determined that the General...
ARMY | BCMR | CY2008 | 20080010270
The applicant requests, in effect, that her bad conduct discharge be upgraded to an honorable or general discharge. The applicant's military records show that she enlisted in the New York Army National Guard 25 August 2003 following prior service in the Regular Army from 29 July 1996 to 6 August 1997. However, the Army Board for Correction of Military Records does not grant requests solely for the purpose of making an applicant eligible for benefits.
ARMY | BCMR | CY2008 | 20080010275
The applicant states, in effect, that he is providing a certified copy of a BSM certificate that confirms he received this award while serving in the Republic of Vietnam (RVN), and is requesting to be awarded the CIB based on his qualifying infantry combat service in the RVN. The applicant's record contains Headquarters, United States Army Personnel Center, Oakland, California, Special Orders Number 338, dated 3 December 1968, which directed his relief from active duty (REFRAD) and transfer...
ARMY | BCMR | CY2008 | 20080010276
The discharge authority also directed that, in accordance with Army Regulation 635-200, paragraph 1-13, that the applicant be reduced to the lowest enlisted grade and that all charges be dismissed effective the date of her discharge. A punitive discharge is authorized for offenses under Article 86, for periods of AWOL in excess of 30 days. _______ _ X _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction...
ARMY | BCMR | CY2008 | 20080010278
The applicant requests that her dates of service in Operation Desert Storm be added to her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 3 September 1991. The Defense Manpower Data Center (DMDC) compiled an Operations Desert Shield/Desert Storm Data Base that contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991 and one record for each Reserve/National Guard member or retiree who was...
ARMY | BCMR | CY2008 | 20080010279
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployed service in Iraq. The applicants DD Form 214 shows he was honorably retired on 31 January 2004 under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel) by reason of sufficient service for retirement after completing 20 years, 2 months,...
ARMY | BCMR | CY2008 | 20080010280
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of item 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his dates of service in Southwest Asia (SWA) from 12 August 1990 to 8 May 1991. The applicant states, in effect, that item 5 (Overseas Service) on his DA Form 2-1 (Personnel Qualification Record) shows his SWA service from 12 August 1990 to 8 May 1991, that item...
ARMY | BCMR | CY2008 | 20080010281
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, reconsideration of his request for correction of his records to show his military rank as sergeant (SGT). The applicants military records are not available to the Board for review.
ARMY | BCMR | CY2008 | 20080010299
IN THE CASE OF: BOARD DATE: 19 August 2008 DOCKET NUMBER: AR20080010299 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The ABCMR further determined that the applicant failed to submit evidence that showed to the satisfaction of the Board, or that it otherwise satisfactorily appeared, the record was in error or unjust. The applicant had the following three periods of AWOL while assigned to the 73rd Field Artillery: a. from 18 August to 2 September 1976; b. from 8 September to 14 September...
ARMY | BCMR | CY2008 | 20080010301
The applicant asks the Board to research documents which would provide evidence that he was wounded in combat and then grant his request based on that evidence. The Board also considered the fact that the applicants DA Form 20 contains a lined out CIB entry in the awards block, which indicates the applicant did not receive the award, and the applicant last audited the DA Form 20 on 19 April 1972, a month after he completed his Vietnam tour. The applicant has not provided any evidence that...
ARMY | BCMR | CY2008 | 20080010304
Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained as a result of hostile action. Army Regulation 15-185 provides Department of the Army policy, criteria, and administrative instructions regarding an applicants request for the correction of a military record. However, the ABCMR is not an investigative agency and the ABCMR must decide cases on the evidence of record or on the evidence provided by the applicant.
ARMY | BCMR | CY2008 | 20080010309
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, award of the Combat Infantryman Badge (CIB) and Door Gunner (Rifle) and Helicopter Gunner Badges (sic). Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show his entitlement to the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Republic of Vietnam Gallantry Cross with Palm Unit...
ARMY | BCMR | CY2008 | 20080010310
The applicant provides a copy of his DD Form 214 and orders and certificate for award of the Air Medal. The available evidence of record clearly shows that the applicant completed 126 Category I missions between 10 November 1968 and 27 April 1969, and qualified for award of five Air Medals based on the governing regulations then in effect. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from Item 24 of his...
ARMY | BCMR | CY2008 | 20080010312
The applicant provides the following documents in support of her application: her memorandum, dated 9 November 1998, appealing the contested OER; a memorandum, dated 21 July 1998, from the Personnel Services Branch, Walter Reed Army Medical Center, Washington, D.C., requesting a minor correction to the contested OER; a memorandum, dated 20 July 1998, from the Senior Rater (MG B____), requesting a minor correction to the contested OER; two memoranda, dated 16 October 1998 and 7 July 2000,...
ARMY | BCMR | CY2008 | 20080010313
The evidence of record shows that the FSM was a prisoner of war for two and a half years during his service in the Asiatic-Pacific Theater, therefore, he is entitled to award of the POW Medal and correction of his records to show this award. The evidence of record shows the FSM was awarded the Asiatic-Pacific Campaign Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the FSM the Purple Heart for wounds...
ARMY | BCMR | CY2008 | 20080010315
The applicant requests that the statements, Voidance of Induction be removed from his Report of Transfer or Discharge (DD Form 214) and that his DD Form 214 be corrected to show that he was discharged due to medical reasons. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of release from active duty, discharge, or retirement. The available records show he did not meet medical fitness standards at the time...
ARMY | BCMR | CY2008 | 20080010316
It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. However, that error was corrected when a DD Form 215 was prepared correcting his DD Form 214 for the period ending 5 February 1970 to show his prior 2 years of active duty. There is no evidence of record to show that the applicant ever enlisted in the Regular Army.
ARMY | BCMR | CY2008 | 20080010317
The applicant requests that the military records of her father, a former service member (FSM), be corrected to show he was awarded the Purple Heart as a result of being gassed during World War I. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for wounds sustained as a result of hostile action after 5 April 1917. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the FSM the...
ARMY | BCMR | CY2008 | 20080010318
As a result of the previous review, the Board recommended and the Secretarial Authority directed correction of his records by: a. awarding him the Army Good Conduct Medal (1st Award); b. voiding his existing DD Form 214 and two DD Forms 215; and c. issuing him a new DD Form 214 showing: (1) his military occupational specialty (MOS) as 11B2O (Light Weapons Infantryman); (2) he was awarded the Bronze Star Medal, Air Medal, Army Commendation Medal with Oak Leaf Cluster, Army Good Conduct Medal,...
ARMY | BCMR | CY2008 | 20080010319
This regulation also states that that the total amount of foreign service completed during the period covered by the DD Form 214 will be entered in block 12f and the country and dates of deployment for an active duty Soldier deployed with his or her unit during their continuous period of active service will be shown in block 18 on the DD Form 214.. Absent evidence to show the specific dates of deployment to Kuwait, the applicant's request to correct his records to show this service cannot...
ARMY | BCMR | CY2008 | 20080010321
The applicant further states that he never received a DD Form 214 (Report of Separation from Active Duty) for his period of service from 1975 to 1977. The applicant's military records show he was inducted into the Army of the United States, in pay grade E-1, on 6 January 1965. There is no evidence the applicant was honorably separated for the purpose of immediate reenlistment during this period of service.
ARMY | BCMR | CY2008 | 20080010327
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Meritorious Unit Commendation. In the absence of available legible evidence that the applicant served in a unit cited for award of the Meritorious Unit Commendation, there is insufficient evidence upon which to base award of the Meritorious Unit Commendation. _______ _ X _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the...
ARMY | BCMR | CY2008 | 20080010328
Item 13 does not show award of the Good Conduct Medal, the Afghanistan Campaign Medal, the Iraq Campaign Medal, the Presidential Unit Citation, the Valorous Unit Award, or the Meritorious Unit Commendation. Therefore, he is entitled to correction of his records to show award of the Iraq Campaign Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the entry Global War on Terrorism Expeditionary Medal...
ARMY | BCMR | CY2008 | 20080010329
While the sincerity of the applicant's claim to entitlement to award of the Purple Heart is not questioned, absent evidence which conclusively proves, by a preponderance of the evidence, that he was wounded or injured as a result of hostile action, that he was treated by medical personnel for wounds or injuries as a result of hostile action, and that this treatment was made a matter of official record, regrettably, there is insufficient basis for awarding the Purple Heart to the applicant in...
ARMY | BCMR | CY2008 | 20080010330
The applicant provides: a. DD Form 214 for the period 19 February 1970 through 24 November 1970. b. DD Form 214 for the period 24 October 1968 through 18 February 1970. c. General Orders Number 5406, Headquarters, 25th Infantry Division, Vietnam, dated 24 May 1970, awarding him the Purple Heart for wounds received on 6 May 1970. d. Purple Heart Certificate. The applicant's retirement DD Form 214, dated 24 November 1970, lists only the Vietnam Campaign Medal with Device (1960) and One...
ARMY | BCMR | CY2008 | 20080010331
The applicant requests, in effect, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his award of the Army Commendation Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by adding the applicants already-awarded the Army Commendation Medal; the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar; and the Sharpshooter Marksmanship Qualification Badge,...
ARMY | BCMR | CY2008 | 20080010332
A review of the available records, less the applicants medical records, fails to show that the applicant was struck by lightning or that he suffered any physical disabilities while on active duty. The applicant has failed to show through the evidence of record and the evidence submitted with his application that he was unfit for retention or separation from the service by reason of physical disability. ___ XXX ___ CHAIRPERSON I certify that herein is recorded the true and complete record...
ARMY | BCMR | CY2008 | 20080010333
The applicant provided a copy of a memorandum, dated 17 July 1968, subject: Award of VSM and VCM, directing award of the Vietnam Service Medal and Republic of Vietnam Campaign Medal with Device (1960) on DA Forms 66 (Officer Qualification Record) or DA Forms 20 for all personnel serving in Thailand. Army Regulation 672-5-1 (Military Awards), 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...
ARMY | BCMR | CY2008 | 20080010337
The applicant requests that he be awarded the Purple Heart and that his award of the Bronze Star Medal (BSM) be added to his records. In pertinent part, it directs that, in the case of prisoners of war, the unit of assignment, country and dates of capture and release will be entered in the Remarks section of the discharge document. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding his award of the Bronze Star...
ARMY | BCMR | CY2008 | 20080010340
Application for correction of military records (with supporting documents provided, if any). Evidence of record shows the applicant was in the ARNG during the period 20 February 1987 to 23 February 1992. Although the applicant contends that he is entitled to additional retirement points for ADSW during the period 20 February 1987 to 23 February 1992, there is no evidence of record which shows he was ordered to active duty for ADSW.
ARMY | BCMR | CY2008 | 20080010344
On 19 April 1991, the applicant's commander recommended separation under the provisions of Army Regulation 635-200 (Personnel Separation), chapter 14-12c, for Misconduct-abuse of illegal drugs. He understood that he was not entitled to have his case considered by an administrative separation board because he had less than six years of active or reserve service at the time of separation and being considered for a separation under other than honorable conditions. There is no evidence that...
ARMY | BCMR | CY2008 | 20080010345
The applicant states that during the period 20 February 1987 to 23 February 1992, he was assigned as an instructor and member of the 20th Special Forces Group, Parachute Demonstration Team, and performed parachuting activities in support of the Alabama Army National Guard (ALARNG) and the Army. The applicants records further show he enlisted in the ALARNG on 18 July 1980. The number of years of creditable service upon which retired pay is computed may be adjusted to correct any error,...
ARMY | BCMR | CY2008 | 20080010346
On 24 April 1980, the applicant voluntarily submitted a request for discharge for the good of the service under the provision of Chapter 10, Army Regulation 635-200. The evidence shows the applicant was discharged under the provisions of Army Regulation 635-200, Chapter 10. The evidence shows the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations; however, after careful review of the facts and...
ARMY | BCMR | CY2008 | 20080010348
Application for correction of military records (with supporting documents provided, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 3 November 1983, the separation authority approved the applicant's discharge under the provisions of chapter 10, Army Regulation 635-200 for the good of the service, and directed the applicant receive an UOTHC discharge.
ARMY | BCMR | CY2008 | 20080010349
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. f. On 6 May 1981, the applicant was discharged under the provisions of chapter 14 of Army Regulation 635-200 (Personnel Separations) by reason of frequent involvement in incidents of a discreditable nature with civil or military authorities. A review of the applicant's record of service, which included non-judicial punishment on two occasions and a special court-martial shows the applicant did not meet the standards of acceptable conduct...
ARMY | BCMR | CY2008 | 20080010350
The applicant provides: a. Simply stated, he must have been promoted to and paid in that rank and grade, and he must have served at that grade for the required statutory or regulatory period of time. 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 | 20080010351
There is no evidence of record to show that the applicant ever petitioned the Army Discharge Review Board (ADRB) for an upgrade of his discharge within the ADRB's 15-year statute of limitations. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. Chapter 2 of the separation documents regulation contains item-by-item instructions for...
ARMY | BCMR | CY2008 | 20080010357
The applicant requests that his active duty during Operation Desert Shield and his award of the Legion of Merit be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 25 April 2008. The applicant provides, in support of his application, a copy of his orders to active duty effective 4 December 1990, a military pay voucher, his DD Form 214 with a separation date of 26 August 1982, his DD Form 214 with a separation date of 25 April 2008, a...
ARMY | BCMR | CY2008 | 20080010362
The applicant requests correction of his date of birth (DOB) on his WD AGO Form 53-55 (Enlisted Records and Report of Separation) from 21 February 1921 to 23 May 1922. Item 10 (Date of Birth) of his WD AGO Form 53-55 shows his DOB as 21 February 1921. The evidence of record shows that the applicant used 21 February 1921 as his DOB throughout his military service.
ARMY | BCMR | CY2008 | 20080010365
The applicant requests, in effect, correction of his discharge document to show his correct date of birth (DOB) and his awards and decorations. In addition, the evidence of record shows, with the exception of the applicants DD Form 214, the applicant's military personnel records consistently show his DOB as 26 August 19##. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 5 of his DD Form 214 the...
ARMY | BCMR | CY2008 | 20080010367
The applicant requests, in effect, that his 4 February 2008 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his service in Germany, Kosovo, and Kuwait/Iraq. Army Regulation 600-8-22 (Military Awards) contains the Armys awards policy. Therefore, item 18 of the applicant's DD Form 214 should be corrected to show "SERVICE IN MACEDONIA FROM 20030114 - 20030505" and "SERVICE IN KUWAIT/IRAQ FROM 20040214 - 20050210 and 20051016 20061007."
ARMY | BCMR | CY2008 | 20080010368
The available evidence does not include any orders or citations for the Bronze Star Medal, nor are there any references on his DA Form 20 concerning the award. 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 his period of service from 21 March 1968 through 13 March 1970; and b. showing in addition to the awards listed on his DD Form 214, he is also authorized the Good...
ARMY | BCMR | CY2008 | 20080010372
The applicant states that his DD Form 214 (Certificate of Release or Discharge from Active Duty) show that he was separated from the Army in accordance with Army Regulation 635-40, paragraph 4-24b(3), disability, severance pay, with a Separation Code of "JFL" and a RE Code of "3." His DD Form 214 stated that he was separated from the Army in accordance with Army Regulation 635-40, paragraph 4-24b(3), disability, severance pay, with a Separation Code JFL and a RE Code of 3. Pertinent Army...
ARMY | BCMR | CY2008 | 20080010384
The applicant requests that she be given Constructive Service Credit (CSC) for her 1-year internship, 2-year residency, and 11 months of professional experience. The applicants military records show that she was commissioned as a U.S. Army Reserve (USAR) captain, Medical Corps (MC), on 11 August 2002, with 4 years, 1 month, and 10 days CSC. As such, the provisions of DoDI 6000.13 must be applied in this case, which clearly states CSC is only awarded to officers at the time they begin...