ARMY | BCMR | CY2008 | 20080010580
However, the award of a DVA rating does not establish entitlement to a medical discharge and/or medical retirement. In this case, the applicant was properly evaluated and is being compensated for his service-connected medical conditions by the DVA; however, there is no indication the applicant suffered a disabling condition while in a qualifying duty status that would have supported his processing for retirement through medical channels; therefore, there is an insufficient evidentiary basis...
ARMY | BCMR | CY2008 | 20080010581
This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. The board found there was sufficient reason to recommend that the applicant be discharged under Army Regulation 635-200, paragraph 13-5a for misconduct and that he be given an undesirable discharge (UD). The applicant was discharged on 15...
ARMY | BCMR | CY2008 | 20080010584
Application for correction of military records (with supporting documents provided, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant states, in effect, that his record is incomplete and does not reflect that he was "written up" for award of the Silver Star for entering a minefield to rescue a fellow Soldier and the Bronze Star with "V" Device for leading an patrol safely out of a ambush situation.
ARMY | BCMR | CY2008 | 20080010586
By regulation, in order to support award of the Purple Heart, the applicant must show that the wound for which the award is being made was sustained as a result of enemy action, that the wound required treatment by military medical personnel, and a record of this treatment was made a matter of official record. Although he provided an affidavit from the senior medic in his unit and a fellow Soldier in the machine gun squad, neither of these individuals witnessed the alleged event, the senior...
ARMY | BCMR | CY2008 | 20080010587
The applicant requests correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show that he was released from active duty on 2 July 2007. The applicant states, in effect, that he served on active duty until 2 July 2007 and that his DD Form 214 needs to be corrected to show that date. The applicants DD Form 214 shows in Item 12a (Record of Service Date Entered AD [Active Duty] This Period) that he entered active duty on 20 August 2004 and Item 12b...
ARMY | BCMR | CY2008 | 20080010588
The applicant requests, in effect, that his entry grade constructive credit be corrected to show 2 years, 4 months, and 0 days. The applicant provides a DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Service Officers)) in support of this application. The advisory opinion concludes the applicant's work experience was computed from 5 January 2005 through 5 September 2007 which equates to 1 year, 4 months, and 0 days of constructive service credit.
ARMY | BCMR | CY2008 | 20080010591
The applicant provides the following additional documentary evidence in support of his request: a. reconstructed DA Form 2173 (Statement of Medical Examination and Duty Status), dated 15 September 1990; b. two DA Forms 2823 (Sworn statement), dated 15 September 1990 and 14 October 1990; c. memorandum, dated 7 June 2005, Joint Forces Headquarters, CAARNG, Sacramento, CA, subject: Line of Duty; d. memorandum, dated 14 June 2005, from the applicant to the Joint Forces Headquarters, CAARNG,...
ARMY | BCMR | CY2008 | 20080010592
The Congressional Inquiry provided states, in effect, that the applicant is seeking a change to his separation code and that additional evidence submitted by the applicant is being provided in order for his original application to be considered by the Board. The applicants military record show he initially enlisted in and entered the United States Army Reserve (USAR) on 24 April 1995. The separation document (DD Form 214) he was issued at this time shows he was REFRAD under the provisions...
ARMY | BCMR | CY2008 | 20080010593
The applicant's DD Form 214, for the period ending 5 June 2008, shows he was involuntarily ordered to active duty under the provisions of 10 U.S.C. The record shows that the applicant was involuntarily mobilized during the periods 10 February 2003 through 24 May 2004 and 1 May 2007 through 5 June 2008, for a total of 872 days. Evidence shows that the applicant was involuntarily mobilized during the periods 10 February 2003 through 24 May 2004 and 1 May 2007 through 5 June 2008, for a total...
ARMY | BCMR | CY2008 | 20080010594
They have advised him that he needs to have his military records completely changed to show his gender as male for them to correct their records. The applicant did not undergo the sex reassignment surgery (from female to male) or change of name until more than 16 years after discharge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. including in the applicant's official records the fact that as of the 31 January...
ARMY | BCMR | CY2008 | 20080010596
There are no orders or other evidence in the applicants available service records that shows he was awarded the Army Commendation Medal. There are no orders or other evidence in the applicants available service records that shows he was awarded the Army Commendation 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 Good Conduct Medal for exemplary conduct, efficiency, and fidelity during...
ARMY | BCMR | CY2008 | 20080010600
The applicant provides: a. SF 501 (Clinical Record History Part I), 93rd Evacuation Hospital (93rd Evac), Long Bihn, Republic of Vietnam, dated 24 April 1966, stating he was involved in a truck accident [emphasis added] and suffered a broken left arm and had pain in his "left anterior chest." d. SF 501 (Clinical Record Doctor's Progress Notes), 93rd Evac, dated 25-29 April 1966, stating possible internal injuries after originally being admitted with an open fracture of the left humerus...
ARMY | BCMR | CY2008 | 20080010602
Application for correction of military records (with supporting documents provided, if any). Public Law 92-425, the SBP, enacted 21 September 1972, provided that military members could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents. The FSM was placed on the Retired List over 2 years prior to the establishment of the SBP, and there is no evidence that he elected SBP during the 18-month open season after the establishment of the SBP.
ARMY | BCMR | CY2008 | 20080010603
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 9 September 1974, the applicant requested an upgrade of his discharge. However, at the time of the applicant's separation the regulation provided for the issuance of an undesirable discharge.
ARMY | BCMR | CY2008 | 20080010604
In its first consideration of the applicants request, the Board prorated the applicants ROTC debt based on him having served 16 months and 2 days of active duty as a Guardsman and him having a 2-year active duty service obligation as a result of his disenrollment from ROTC. The Cadet Command stated that the Board erred in its first consideration of the applicants request, that the applicant actually had a 3-year active duty service obligation as a result of his disenrollment because he...
ARMY | BCMR | CY2008 | 20080010605
The applicant requests, in effect, that he be paid the $15,000.00 Prior Service Enlistment Bonus (PSEB) for which he enlisted under the Selected Reserve Incentive Program (SRIP). d. A copy of his NGB Form 22 (Report of Separation and Record of Service) showing that, with no prior service, he served in the Puerto Rico Army National Guard (PRARNG) from 26 August 1986 through 1 September 2001, a total of 15 years and 6 days. The G-1 advisory opinion recommends paying the applicant a...
ARMY | BCMR | CY2008 | 20080010607
IN THE CASE OF: BOARD DATE: 14 August 2008 DOCKET NUMBER: AR20080010607 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that his Enlisted Record and Report of Separation (WD AGO 53-55) be corrected to reflect his correct Date of Birth (DOB). While the applicants desire to have the records changed to reflect the correct DOB, as reflected on his birth certificate is understood, there is no indication the applicant questioned the DOB at the time he entered...
ARMY | BCMR | CY2008 | 20080010608
He completed his basic training at Fort Dix, New Jersey and his advanced individual training (AIT) at Fort Devens, Massachusetts. Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding...
ARMY | BCMR | CY2008 | 20080010609
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Combat Infantryman Badge. The applicants military records are not available to the Board for review. He served as an infantryman in Korea and was released from active duty on 12 November 1954.
ARMY | BCMR | CY2008 | 20080010611
In his request for discharge, the applicant indicated that he understood that by requesting discharge, he was admitting guilt to the charges against him, or of a lesser included offense, that also authorized the imposition of a bad conduct discharge or a discharge under other honorable conditions. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. The evidence of record shows that the applicant was...
ARMY | BCMR | CY2008 | 20080010612
The applicant requests that the records of her former spouse, a retired former service member (FSM), be corrected to show that he timely filed a request with the Defense Finance and Accounting Service (DFAS) to change his Survivor Benefit Plan (SBP) coverage from spouse to former spouse in accordance with the Final Decree of Divorce granted by the 27th District Court of Lampasas County, Texas. Her request was denied on 28 March 1996 because it was not timely filed within one year of the...
ARMY | BCMR | CY2008 | 20080010613
Based upon his service in Vietnam, which was of a duration longer than six months, the applicant is further entitled to award of the Republic of Vietnam Campaign Medal and to have it shown on his DD Form 214. Evidence of record shows that the applicant participated in two campaigns during his service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by showing he was awarded the Purple Heart for wounds...
ARMY | BCMR | CY2008 | 20080010614
The applicant requests that her record be corrected to show entitlement to an $8,000.00 HIGRAD bonus based on her successful completion of Officer Candidate School (OCS) and commissioning as an officer. In an advisory opinion, dated 20 April 2006, the Army G-1 Director of Military Personnel Management stated that due to the urgent need for OCS applicants, the Army implemented an enlistment bonus of $8,000.00 for OCS applicants as an extension of the current policy of paying an enlistment...
ARMY | BCMR | CY2008 | 20080010616
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 5 July 1968 to show award of the Bronze Star Medal and the Army Commendation Medal. There are no orders in the applicant's service personnel records and he has not provided orders that show he was awarded the Army Commendation Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...
ARMY | BCMR | CY2008 | 20080010617
The applicant requests correction of his records to show award of the Purple Heart. The applicant states that he was wounded in Iraq on 3 May 2007 and was awarded the Purple Heart on 5 May 2007, and that he was medically evacuated to Madigan Army Medical Center at Fort Lewis, Washington. The applicant provides the following additional documentary evidence in support of his request: a. DA Form 4187 (Personnel Action), Request for award of the Purple Heart and narrative to accompany award of...
ARMY | BCMR | CY2008 | 20080010619
The applicant requests correction of the narrative reason for separation on his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 24 October 1991, to show he was medically discharged with entitlement to severance pay and incapacitation pay. The applicant states that he suffered injuries during his service in Saudi Arabia and that his injuries were determined to be In Line of Duty. He was subsequently assigned to a medical holding detachment at Fort McClellan,...
ARMY | BCMR | CY2008 | 20080010624
Application for correction of military records (with supporting documents provided, if any). Item 12b (Separation Date this Period) of the applicant's DD Form 214 shows she was separated from active duty on 4 January 1991. _______ _ _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 | 20080010626
The applicant provides, in support of her application, a copy of her Officer Record Brief (ORB), a letter from the American Board Family Medicine, which states the applicant was board certified from 10 July 1998 through 31 December 2011; and an email message from the OTSG, dated 3 June 2008, which stated that her BCP ended on 31 December 2005, but they could not authorize payment for any period before 1 July 2007. The applicant's military personnel record shows she was appointed in the...
ARMY | BCMR | CY2008 | 20080010628
The applicant states that he was wounded in combat and was retired for disability as a result of his wounds. 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 Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 4 September 1968 to 3 December 1969; and b. showing...
ARMY | BCMR | CY2008 | 20080010630
Paragraph 2-6 of this regulation states that officers will be ordered to active duty in their Reserve grade. In view of counsel's response to the advisory opinion (i.e., they agreed that a DOR of 3 May 1999 would have placed the applicant in the ADL primary zone for the fiscal year 2005 LTC Chaplain promotion board that convened on 22 February 2005) it would be equitable at this time to void the applicant's 1 February 2005 discharge from active duty and to show he remained on active duty...
ARMY | BCMR | CY2008 | 20080010631
The applicant provides two psychiatric medical statements, one dated 29 October 1975 and one dated 24 May 2007. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. The applicant provided a number of reasons, in his statement with his request for discharge and in his statement to the ADRB, as to why a model Soldier might consider going AWOL for an extended period of time after serving as an operating room specialist during his Stateside...
ARMY | BCMR | CY2008 | 20080010633
Application for correction of military records (with supporting documents provided, if any). His iPERMS record also contains a DD Form 1966/2 (Record of Military Processing Armed Forces of the United States). _______ _ 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 | 20080010634
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The Board presumed regularity in the issuance of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) covering his final period of service, yet there is no evidence he was ever issued a DD Form 214 because he was on excess leave at the time of his dismissal. In this decision, the Board determined that there was no evidence in the official record and the applicant did not provide sufficient evidence to...
ARMY | BCMR | CY2008 | 20080010635
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. 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 AR20080004852, on 26 June 2008. Again, there is no evidence in the available record showing the applicant suffered from PTSD during his military service or that PTSD was the cause of his misconduct.
ARMY | BCMR | CY2008 | 20080010636
The applicant states, in effect, that a retired service member has never had to provide proof of military service using his DD Form 214; however, the State of Arkansas has issued veterans licenses plates veterans of World War II, the Korean War, Vietnam, the Persian Gulf, Enduring Freedom and Iraqi Freedom at the cost of $4.75 when they are initially issued and at the cost of $1.00 to renew. Item 12f (Foreign Service), of the applicant's DD Form 214, shows he had 0000 years, 00 months,...
ARMY | BCMR | CY2008 | 20080010638
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. On 15 March 2005, the Commander, United States Army Garrison, Fort Richardson, Alaska, recommended that the applicant be separated from the Army under the provisions of Army Regulation 635-200, paragraph 14-12c(2), for the wrongful use of...
ARMY | BCMR | CY2008 | 20080010639
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. He was to request an upgrade of his discharge after 6 months. On 18 September 1970, the separation authority approved the applicant's request for discharge and recommended that he be furnished an undesirable discharge.
ARMY | BCMR | CY2008 | 20080010641
The applicant states that he joined the Army when he was 19 years old. On 21 February 1997, the Army Discharge Review Board (ADRB) denied the applicants request for an upgraded discharge. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
ARMY | BCMR | CY2008 | 20080010642
Application for correction of military records (with supporting documents provided, if any). His DD Form 214 shows he served 6 years on his second period of service and that he had prior service of 1 year and 8 days [incorrectly calculated on his first DD Form 214]. The applicant has two DD Forms 214 because he separated after his first enlistment in order to reenlist.
ARMY | BCMR | CY2008 | 20080010643
IN THE CASE OF: BOARD DATE: 24 SEPTEMBER 2008 DOCKET NUMBER: AR20080010643 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Therefore, he is entitled to correction of his military records to show the award of the Meritorious Service Medal. Therefore, he is entitled to correction of his military records to show two bronze service stars to be affixed to his already awarded Iraq Campaign Medal and one bronze service star to be affixed to his already awarded Afghanistan Campaign Medal.
ARMY | BCMR | CY2008 | 20080010644
There is no evidence showing that she completed this training. On 13 October 1981, the separation authority approved the applicants request for discharge and directed that she be issued a discharge certificate under other than honorable conditions. There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.
ARMY | BCMR | CY2008 | 20080010648
The FSMs military records are not available to the Board for review. Although the FSM was discharged with a certificate of disability, there is no available evidence to show what that disability was. Without the FSMs service medical records or even contemporaneous VA medical records that might indicate to what his disability was due (specifically, whether it was incurred as the result of hostile action), regrettably there is insufficient evidence on which to base awarding him the Purple Heart.
ARMY | BCMR | CY2008 | 20080010650
The Army must find that a service member is physically unfit to reasonably perform their duties and assign an appropriate disability rating before they can be medically retired or separated. The Army rates only conditions determined to be physically unfitting at the time of discharge which disqualify the Soldier from further military service. The PEB, again, found him to be unfit for further military service and recommended his separation with severance pay with 20 percent disability rating.
ARMY | BCMR | CY2008 | 20080010652
The applicant provided a 2004 (E6) Enlisted Promotion Consideration List which shows she was selected for promotion in MOS 91G. The memorandum also states that the number two Soldier on the promotion list was promoted into a 91G slot in HHC, 48th Brigade and that was correct. The opinion points out that although the applicant states that she was originally selected for promotion as a 91G in 2004 and that she signed a statement accepting the said promotion, the applicant was never promoted...
ARMY | BCMR | CY2008 | 20080010654
IN THE CASE OF: BOARD DATE: 12 AUGUST 2008 DOCKET NUMBER: AR20080010654 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that Headquarters, 503rd Military Police Battalion (Airborne), Fort Bragg Permanent Order 317-18, dated 13 November 2002, which awarded him the Good Conduct Medal (First Award) and 88th Military Police Detachment, APO Area Pacific Permanent Orders 045-03, dated 7 January 2008, which revoked the aforementioned orders, be removed from his...
ARMY | BCMR | CY2008 | 20080010655
The applicant enlisted in the United States Army Reserve (USAR) under the delayed entry program (DEP) on 7 February 2001. Although there is no evidence that the applicants chain of command took the appropriate action to void his 14 September 2006 reenlistment when it discovered that the applicant was not eligible to reenlist at the time he executed his contract, it would be in the interest of justice and fairness to the applicant for the Board to void his 14 September 2006 reenlistment...
ARMY | BCMR | CY2008 | 20080010657
There is no evidence of record which shows the applicant was diagnosed with any unfitting medical condition prior to his discharge on 9 March 1976. There is no medical evidence of record that shows the applicant had any medical condition prior to his discharge on 9 March 1976. There is also no evidence of record to show he was ever medically unfit to perform his duties.
ARMY | BCMR | CY2008 | 20080010658
The applicant requests, in effect, 3 years of constructive service credit for 6 years of civilian experience as a physician assistant prior to entering the United States Army Reserve. In a memorandum from the Chief, Appointments, United States Army Personnel Command, St. Louis, Missouri, dated 12 December 1991, the applicant was appointed in the rank of captain, United States Army Reserve, Medical Service Corps, effective upon his acceptance. Not withstanding the advisory opinion, there is...
ARMY | BCMR | CY2008 | 20080010659
Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded a number of awards, to include Air Medals and the Aircraft Crewman Badge, but his records do not contain any Bronze Star Medal Orders. The applicants DD Form 214 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar, the Vietnam Service Medal, the National Defense Service Medal, the Air Medal (1st through 10th Oak Leaf Clusters), and the Republic of Vietnam...
ARMY | BCMR | CY2008 | 20080010660
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant provides: a. 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.