Search Decisions

Decision Text

ARMY | BCMR | CY2007 | 20070002129C071029
Original file (20070002129C071029.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 August 2007
      DOCKET NUMBER:  AR20070002129


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Richard T. Dunbar             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that all awards to which he is
entitled be added to his separation document (DD Form 214); and that the
entry in Item 17 (Member Was Provided Complete Dental Examination and All
Appropriate Dental Services and Treatment Within 90 Days Prior to
Separation) be corrected.

2.  The applicant states, in effect, that he volunteered during a time of
war and should be entitled to some awards.  He also questions the entry in
Item 17 of the DD Form 214 and indicates that although he received an
examination, he did not receive appropriate and needed dental care even
though he requested it.

3.  The applicant provides his DD Form 214 and a DA Form 8256-R (Individual
Training Record for Basic Combat Training (BCT), One Station Unit Training
(OSUT), Advanced Individual Training (AIT)) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he enlisted in the Regular Army and
entered active duty on 21 February 2006, and he was assigned to Fort
Leonard Wood, Missouri, to attend training.  The military record provided
to the Board does not contain Health Care Records, and the only medical
documents contained in his Official Military Personnel File (OMPF) are his
enlistment Report of Medical History (DD Form 2807) and Report of Medical
Examination (DD Form 2808).  There are no dental treatment records on file
in the OMPF.

2.  On 20 December 2006, the applicant was honorably discharged after
completing 10 months of active military service.  Item 13 (Primary
Specialty) of the DD Form 214 he was issued upon his separation contains
the entry "None".  Item 14 (Military Education) also contains the entry
"None", and both the Yes and No blocks of Item 17 contain the entry "NA."

3.  The applicant provides a DA Form 8256-R, dated 27 April 2006, which
shows he completed the requirements of BCT.

4.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards
policy.  Paragraph 2-10 contains guidance on the National Defense Service
Medal (NDSM) and states, in pertinent part, that it is awarded for
qualifying honorable active service for any period between 11 September
2001 and a date to be determined.

5.  Paragraph 2-19 of the awards regulation contains guidance on the Global
War on Terrorism Service Medal (GWOTSM) and states, in pertinent part, that
is authorized to all Soldiers on active duty on or after 11 September 2001
to a date to be determined who completed 30 consecutive days or 60
nonconsecutive days of active duty service.

6.  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.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  Chapter 2 contains item-by-item instructions for preparing the DD
Form 214.  The instructions for Item 13 (Decorations, Medals, Badges,
Citations and Campaign Ribbons Awarded or Authorized) state to list awards
and decorations for all periods of service, and that each entry will be
verified by the Soldier's records.

7.  The instructions for completing Item 14 of the DD Form 214 contained in
the separation documents regulation states to list formal in-service (full-
time attendance) training courses successfully completed during the period
of service covered by the DD Form 214.  It also states, in pertinent part,
that this information is to assist the Soldier in job placement and
counseling; therefore, do not list training courses for combat skills.

8.  The instructions for completing Item 17 contained in the separation
documents regulation states that this item is only applicable to Soldiers
who have completed 180 days or more of continuous active duty and that the
SF 603 (Health Record-Dental) will be checked for validity of exam and all
appropriate treatment.  It further states to Enter "NA" for Soldiers who
had fewer than 180 days of continuous active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that all awards to which he is entitled
should be entered in Item 13 of his DD Form 214 was carefully considered
and found to have merit.

2.  The evidence of record confirms the applicant completed 10 months of
active duty service between 21 February and 20 December 2006, at which time
he was honorably discharged, by reason of physical disability with
severance pay.  Therefore, based on his qualifying honorable active duty
service, he is entitled to the NDSM and the GWOTSM.  As a result, it would
be appropriate to add these awards to Item 13 of his separation document.

3.  The applicant's contention that his completion of BCT should be
documented in Item 14 of the DD Form 214 was also carefully considered.
However, by regulation, the information in Item 14 is to assist the Soldier
in job placement and counseling; therefore, training courses for combat
skills, which includes BCT, are not authorized to be entered.  Therefore,
there is an insufficient evidentiary basis to support granting this portion
of the requested relief.

4.  Finally, the applicant's claim that the entry in Item 17 of his DD Form
214 is incorrect was also carefully evaluated, and while it appears because
he completed over 180 days of active military service, the “NA” entry in
this item would not be appropriate.  However, absent Health Care
(Medical/Dental) records to verify the applicant's dental status, there are
insufficient information, evidence, and records to render a fair and
impartial decision on this matter at this time.  The applicant may reapply
if he can provide a copy of his dental record.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___LE __  __JTM __  __RTD __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by showing his entitlement to the National Defense
Service Medal and the Global War on Terrorism Service Medal; and by
providing him a correction to his separation document that includes these
awards.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
correction of Item 14 and Item 17 of his DD Form 214.



                                  _____Lester Echols_______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20070002129                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/08/23                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2007/08/DD                              |
|DISCHARGE AUTHORITY     |AR 635-40                               |
|DISCHARGE REASON        |Disability Severance Pay                |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]


Similar Decisions

  • ARMY | BCMR | CY2011 | 20110014073

    Original file (20110014073.txt) Auto-classification: Approved

    The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * she was not provided a complete dental examination and all of the appropriate dental services and treatment that she was authorized within 90 days prior to separation * a second award of the Army Good Conduct Medal 2. Army Regulation 600-8-22 (Military Awards) states the NCO Professional Development Ribbon. In the absence of her complete dental records, it must be presumed...

  • ARMY | BCMR | CY2012 | 20120017497

    Original file (20120017497.txt) Auto-classification: Denied

    The applicant states: * His DD Form 214 is missing information contained on both his Enlisted Record Brief (ERB) and Army/American Council on Education Registry Transcript (AARTS) * his primary and duty MOS are missing * his IET time is missing which should be evident through the awarding of his MOS * the Army Service Ribbon is missing * Item 17 is in error because he had over 180 days of continuous active duty service as evident in Item 12c (Net Active Service This Period) * He was awarded...

  • ARMY | BCMR | CY2009 | 20090004888

    Original file (20090004888.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 16 July 2009 DOCKET NUMBER: AR20090004888 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was not provided a complete dental examination and all of the appropriate dental services and treatment that he was authorized within 90 days prior to separation. The applicant's dental records were not a part of the available records for review with this...

  • ARMY | BCMR | CY2006 | 20060000948C070205

    Original file (20060000948C070205.doc) Auto-classification: Approved

    The applicant requests, in effect, correction of her discharge document to show completion of Basic Combat Training (BCT), award of the Army Service Ribbon, and any other awards and decorations that she is entitled to for her service in the U.S. Army. The applicant's service records contain a DD Form 214, with an effective date of 13 November 1992. However, the evidence of record also shows that completion of training courses for combat skills (e.g., BCT) are not authorized to be recorded...

  • ARMY | BCMR | CY2009 | 20090001884

    Original file (20090001884.txt) Auto-classification: Approved

    BOARD DATE: 28 July 2009 DOCKET NUMBER: AR20090001884 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Consequently, his DD Form 214, dated 29 September 2008, should be corrected to show in item 17 that he was not provided a complete dental exam and all appropriate dental services and treatment within 90 days prior to separation. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry “Yes” in item 17 and...

  • ARMY | BCMR | CY2008 | 20080013532

    Original file (20080013532.txt) Auto-classification: Approved

    Item 15b (High School Graduate or Equivalent) of her DD Form 214 be corrected to "YES"; c. Item 17 (Member Was Provided a Complete Dental Examination and All Appropriate Dental Services and Treatment Within 90 Days Prior To Separation) of her DD Form 214 be corrected to "YES;" and d. her characterization of service be changed to Honorable. The DD Form 214 shows she completed 2 months and 11 (71 days) days of prior active service. The dental appointment form the applicant provided is...

  • ARMY | BCMR | CY2005 | 20050001670C070206

    Original file (20050001670C070206.TXT) Auto-classification: Approved

    The applicant requests that his DD Form 214 be corrected to show award of the Army Commendation Medal, to reflect that he served for 2 years and 8 months as an infantryman, MOS (military occupational specialty) 11B, and to show that he did not receive all his dental services and treatment within 90 days prior to his separation. The applicant’s dental records are not available to the Board. His request to correct his record to show that he did not receive dental services and treatment prior...

  • ARMY | BCMR | CY2005 | 20050001670C070206

    Original file (20050001670C070206.doc) Auto-classification: Approved

    The applicant requests that his DD Form 214 be corrected to show award of the Army Commendation Medal, to reflect that he served for 2 years and 8 months as an infantryman, MOS (military occupational specialty) 11B, and to show that he did not receive all his dental services and treatment within 90 days prior to his separation. The applicant’s dental records are not available to the Board. His request to correct his record to show that he did not receive dental services and treatment prior...

  • ARMY | BCMR | CY2007 | 20070002449C071029

    Original file (20070002449C071029.doc) Auto-classification: Denied

    The evidence of record confirms the applicant completed BCT on 21 July 1989, and did not enter active duty to complete AIT until 2 July 1990. Given the applicant was separated prior to completing 90 days of active duty service during her AIT phase of training, her service was properly described as uncharacterized in accordance with the applicable regulation. Therefore, the time for her file a request for correction of any error or injustice expired on 5 September 1993.

  • ARMY | BCMR | CY2012 | 20120022820

    Original file (20120022820.txt) Auto-classification: Approved

    The applicant states nothing is on his DD Form 214 to show his combat service, service in Germany, or any of his awards. This badge is not shown on his DD Form 214; b. based on his period of service, the applicant is authorized award of the National Defense Service Medal and the Global War on Terrorism Service Medal; c. based on his dates of service in Iraq, the applicant is authorized award of the Iraq Campaign Medal with one bronze service star; d. although the applicant's tour of duty in...