ARMY | BCMR | CY2004 | 20040006866C070208
He wounds were the result of his performing his duties and in fact he was protecting the life of his Soldiers and his company commander. The MEB Narrative Summary provided by the applicant states he was accidentally shot in the right leg on 28 November 1965 by an M-16 rifle fired apparently by an inebriated American enlisted man. The evidence and his contentions show that he was not wounded as a result of hostile action.
ARMY | BCMR | CY2004 | 20040006868C070208
The applicant requests that his undesirable discharge be upgraded to a general, honorable or medical discharge. Army Regulation 635-206, in effect at that time, set forth the basic authority for the separation of enlisted personnel for conviction by civil court. Evidence of record shows that during the applicant's military service he received one special court-martial, was confined by military and civilian authorities, was charged and convicted of second degree burglary, and of violating...
ARMY | BCMR | CY2004 | 20040006871C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 August 2005 DOCKET NUMBER: AR20040006871 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. The application submitted in this case is dated 23 July 2004. Chapter 3 provides policy for the separation of members with a dishonorable or bad conduct discharge pursuant to an approved sentence of a general or...
ARMY | BCMR | CY2004 | 20040006881C070208
Larry J. Olson | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that his undesirable discharge be upgraded to an honorable discharge. On 10 June 1975, he was discharged with an undesirable discharge and a characterization of service as under other than honorable conditions after completing 1 year and 26 days of active service with 273 lost days due to AWOL.
ARMY | BCMR | CY2004 | 20040006883C070208
On 31 August 1983, the separation authority approved the applicant’s request for discharge and directed that he receive an UOTHC discharge. 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. In order to justify...
ARMY | BCMR | CY2004 | 20040006884C070208
The Army Board for Correction of Military Records (ABCMR) does not have the authority to correct the applicant's RIARNG records as they relate to his service solely in a position within the state Guard serving under the provisions of Title 32, United States Code. The Board determined that the evidence presented was sufficient to warrant a recommendation for the authorized relief. The Board further recommends that all of the Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2004 | 20040006886C070208
It had recurred three times since that date, the last time being in July 1950, for which he was presently hospitalized. The applicant was counseled that he could apply for relief from active duty as a commissioned officer and appointed as a Regular Army warrant officer, and subsequently be retired by reason of physical disability with advancement to the highest grade held. On 31 July 1951, the applicant was released from active duty and retired in the rank of captain by reason of physical...
ARMY | BCMR | CY2004 | 20040006890C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 June 2005 DOCKET NUMBER: AR20040006890 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. However, by regulation, in order to award the PH it is necessary to establish that a Soldier was wounded as a result of enemy action, that he was treated by military medical personnel for the wound for which the award is...
ARMY | BCMR | CY2004 | 20040006920C070208
The applicant states, in effect, that the overseas service he completed in support of Operations Enduring and Iraqi Freedom is not recorded on his separation document (DD Form 214). The GWOTSM is authorized to be awarded to Soldiers who have participated in or served in support of GWOT operations outside a designated AOE on or after 11 September 2001. The evidence of record confirms the applicant served on active duty from 13 July 2000 through 30 November 2003, and that he served in...
ARMY | BCMR | CY2004 | 20040006934C070208
Stanley Kelley | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that the records of her deceased husband, a former service member, be corrected by upgrading his discharge to honorable. The FSM was discharged on 8 January 1985, under the provisions of Army Regulation 635-200, paragraph 3-11, as a result of court-martial, with a bad conduct discharge.
ARMY | BCMR | CY2004 | 20040006937C070208
The applicant states, in effect, that his records do not show award of the Purple Heart. Therefore, the applicant should be awarded the Good Conduct Medal based on completion of qualifying service from 27 August 1969 through 15 September 1971 ending with termination of a period of Federal military service. 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, the Good Conduct Medal, the Republic...
ARMY | BCMR | CY2004 | 20040006940C070208
LaVerne M. Douglas | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant received "excellent" conduct and efficiency ratings throughout his service, his records contain no evidence of any disciplinary action taken against him, and he was promoted to Sergeant, E-5 with less than 2 years of service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2004 | 20040006941C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 August 2005 DOCKET NUMBER: AR20040006941 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. LaVerne Douglas | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. DISCUSSION AND CONCLUSIONS: Orders show the applicant's unit was awarded the Air...
ARMY | BCMR | CY2004 | 20040006942C070208
He was provided a statement of service and informed that, if he accrued 50 points during his current retirement year, he would have over 20 qualifying years and could request transfer to the Retired Reserve. Page one of a letter dated 7 February 1968 is missing, but the second page apparently is a continuation of a discussion on how the applicant could earn the retirement points required to earn him his 20th qualifying year. The applicant was 45 years old at that time he was notified the...
ARMY | BCMR | CY2004 | 20040006945C070208
Item 9 (Awards and Decorations) of the applicant’s DA Form 2-1 does not include the PH in the list of earned awards, and the applicant last reviewed this record on 30 August 1989. It states, in pertinent part, that in order to award a PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, the wound must have required medical treatment and the medical treatment must have been made a matter of official record. However, by...
ARMY | BCMR | CY2004 | 20040006947C070208
The applicant requests that his 1969 separation document be corrected to reflect entitlement to the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm (which he refers to as the VSG w/palm), the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (which he refers to as the Vietnamese Civil Action Medal), a Bronze Star Medal, a Presidential Unit Citation, a Meritorious Unit Commendation, and a Valorous Unit Award, and qualification as...
ARMY | BCMR | CY2004 | 20040006956C070208
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. The applicant’s contention that his discharge should be upgraded due to a breach of his enlistment contract and that he was not afforded legal counsel during his discharge processing was carefully considered. The applicant’s records contain a properly executed and legally sufficient enlistment contract with no evidence of a written or implied guarantee of an assignment to a specific location.
ARMY | BCMR | CY2004 | 20040006960C070208
The applicant requests, in effect, that his military records be corrected to show that his date of birth is 2 January 1943 instead of 2 January 1948. The record also shows the applicant's date of birth as 2 January 1948. Although the applicant has provided a birth certificate, he offers no explanation as to why his school records prior to his military service show the date of birth as 2 January 1948, why he did not request a correction of his military records over a 21 year Army career, or...
ARMY | BCMR | CY2004 | 20040006963C070208
Army Regulation 635-40 governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability. The Board empathizes with the applicant's experiences while in the Army; however, there is no evidence to show she was unable to perform her duties due to a physical disability. It appears the applicant has taken one avenue, contacting CID, concerning her experiences.
ARMY | BCMR | CY2004 | 20040006970C070208
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 AR2003095696 on 10 June 2004. The rating decision and attachments contain no indication that military medical records were used in this evaluation, or that the Burn Scars were the direct result of, or caused by enemy action. Absent any evidence of record, or new independent evidence...
ARMY | BCMR | CY2004 | 20040006973C070208
The applicant requests, in effect, that his record and separation document (DD Form 214) be corrected to reflect a second period of service he completed in Southwest Asia (SWA), to include award of a 2nd bronze service star with his SWA Service Medal, and by showing he earned Bahrain Jump Wings. The applicant provides the following documents in support of his application: Recommendation for Award (DA Form 638), Foreign Certificate, and Combined Special Operations Command Combined Training...
ARMY | BCMR | CY2004 | 20040006977C070208
The applicant was honorably discharged on 8 July 1968. However, his DD Form 214 shows that he was discharged on 7 July 1970 under the provisions of chapter 10 of Army Regulation 635-200 (Personnel Separations) by reason of "For the Good of the Service" with a characterization of service of under other than honorable conditions. Records show that the applicant was 31 years old at the time his misconduct began during his third term of enlistment and that he knew the Army's standards of conduct.
ARMY | BCMR | CY2004 | 20040006997C070208
Marla Troup | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The medical record reflecting his injury shows that he was entitled to award of the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that the applicant was wounded in action on 17 October 1944, and by showing award of the Purple Heart, the European-African-Middle Eastern...
ARMY | BCMR | CY2004 | 20040007012C070208
He notes that during the two years following his separation from active duty he was unable to attend regular drills because of knee surgeries and subsequent treatments for his neck, but states that he did work as a Department of the Army civilian during those years and “never complained about [his] injuries.” 4. The evidence available to the Board indicates that the applicant voluntarily left active duty in November 1997 after 14 years of service to attend school. There is no evidence, as...
ARMY | BCMR | CY2004 | 20040007022C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 May 2005 DOCKET NUMBER: AR20040007022 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. The applicant’s Military Personnel Records Jacket (MPRJ) contains no indication that the applicant was ever wounded in action, or recommended for or awarded the PH. The fact that medical treatment records documenting...
ARMY | BCMR | CY2004 | 20040007034C070208
The August 2002 statement from the United States Armed Service Center for Unit Records and Research indicated that they were able to verify that the applicant was wounded in combat and provided the applicant the copy of the Vietnam Casualty Report he submitted with his application to this Board. The statement indicated that the casualty report "confirms that you sustained a wound resulting from a mine explosion during your Vietnam tour of duty." The evidence confirms that the applicant was...
ARMY | BCMR | CY2004 | 20040007037C070208
The applicant provides a copy of: a. his DD Form 214 (Report of Separation from Active Duty) with an effective date of 12 October 1954; and b. a copy of Department of Veterans Affairs (DVA) Rating Decision, dated 26 July 2004, which shows the applicant was granted service connection for a flash burn eye injury with an evaluation of 10 percent. The records available to the Army Board For Correction of Military Records were provided by the applicant. Once the Department of the Air Force...
ARMY | BCMR | CY2004 | 20040007047C070208
The applicant requests, in effect, that his 1965 separation document be corrected to show that he entered active duty in June 1962 and that he served in Vietnam between July 1962 and October 1963. The applicant states, in effect, that he entered active duty in June 1962, was trained at Fort Polk, Louisiana and from there was assigned to Vietnam in July 1962. There is also no evidence which shows that the applicant ever served in Vietnam.
ARMY | BCMR | CY2004 | 20040007049C070208
On 27 June 1984 the Commander of the School Brigade, USAMMCS, requested to the Army Missile Command Military Personnel Division, that orders be published awarding the applicant the Army Commendation Medal, first oak leaf cluster, for meritorious service for the period 3 June 1983 to 13 August 1984. The Army Commendation Medal is awarded to any member of the Armed Forces of the United States who distinguishes himself by heroism, meritorious achievement or service. The certificate that he...
ARMY | BCMR | CY2004 | 20040007052C070208
The applicant requests, in effect, adjustment to his mandatory removal date (MRD) from an active status to allow for completion of 20 qualifying years of service for retirement. Retention is authorized until the earlier of these dates: (1) the date on which 20 years of qualifying Federal service for retired pay is completed or (2) 2 years from the required removal date for officers having at least 19 but less than 20 years of qualifying service. In view of the circumstances in this case,...
ARMY | BCMR | CY2004 | 20040007058C070208
The applicant’s military records are not available to the Board for review. The fact that the applicant may have held a specific position which he believes warranted promotion is not a basis to grant such promotion, nor would such promotion be effected by a Presidential Proclamation. Records show the applicant should have discovered the alleged error or injustice now under consideration on 16 February 1946, the date of his separation from active duty.
ARMY | BCMR | CY2004 | 20040007074C070208
The applicant provides, as new evidence, a sworn statement dated 7 June 1989; a note dated 6 May 1945; an AGRAC Form 1-313 (Statement of Medical History); an extract from Title 38, U. S. Code, section 1154; a copy of a personal letter dated 22 January 1945; a copy of a personal letter dated 31 March 1945; a copy of a personal letter dated 25 December 1945; a VA Request for Army Information; a Statement of Medical History; a note dated 19 January 1949; a note dated 19 March 1947; a note dated...
ARMY | BCMR | CY2004 | 20040007076C070208
On 19 June 1981, after consulting with counsel, the applicant submitted a request for discharge for the good of the service under the provisions of chapter 10 of Army Regulation 635-200 (Personnel Separations). Army Regulation 635-200, paragraph 3-7, provides that a general discharge is a separation from the Army under honorable conditions. The applicant presented medical evidence that shows she was treated for a miscarriage at a military medical facility after she had been given two Article 15s.
ARMY | BCMR | CY2004 | 20040007091C070208
It added the following awards to Item 27: Army Good Conduct Medal, Korean Service Medal, United Nations Service Medal and Republic of Korea Presidential Unit Citation. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to this Board to add this foreign award to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the...
ARMY | BCMR | CY2004 | 20040007093C070208
Evidence of record shows that on 24 January 1986, the Social Security Administration hearing considered medical evidence and found that the applicant was disabled due to paranoid schizophrenia. Army Regulation 635-200, paragraph 3-7, provides that a general discharge is a separation from the Army under honorable conditions. The applicant was found mentally qualified for separation by a competent military psychiatrist during his separation proceedings.
ARMY | BCMR | CY2004 | 20040007094C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 MARCH 2005 DOCKET NUMBER: AR20040007094 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. The applicant requests that his records be corrected to reflect award of the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by...
ARMY | BCMR | CY2004 | 20040007099C070208
In a letter to a Member of Congress (MC) the applicant states his request was not fully investigated in that they (the Army Board for Correction of Military Records) only looked at item 5 of his DD Form 214 (Report of Separation) which shows that he was a supply handler. The applicant was an infantryman with the 160th Infantry Regiment. The evidence, however, does not show that he was in combat with the 160th Infantry Regiment, and the applicant has not submitted any such evidence.
ARMY | BCMR | CY2004 | 20040007102C070208
Laverne V. Berry | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Pertinent Army regulations provide that, prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge. The ADRB upgraded the applicant's UOTHC discharge to a general discharge and changed the narrative reason for separation from "in lieu of trial by court-martial" to...
ARMY | BCMR | CY2004 | 20040007115C070208
The record does reveal a disciplinary history that includes his acceptance of nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) and his conviction by a special court-martial (SPCM). Separation by reason of disability requires processing through the PDES. The evidence of record confirms the applicant underwent a final separation physical and mental examination during which his schizoaffective condition was considered.
ARMY | BCMR | CY2004 | 20040007116C070208
LaVerne Douglas | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The amounts will increase each year until January of 2014 when eligible members will receive their full retired pay entitlement and their VA disability compensation with no reduction. The evidence available to the Board confirms that the applicant was retired by reason of physical disability in 2002 and that she had over 20 years of active service at the time.
ARMY | BCMR | CY2004 | 20040007129C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 February 2005 DOCKET NUMBER: AR20040007129 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. Larry J. Olson | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. There was no evidence of record and the applicant provided none to show he completed...
ARMY | BCMR | CY2004 | 20040007153C070208
BOARD DATE: 28 September 2004 DOCKET NUMBER: AR20040007153 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. The applicant provided a copy of National Guard Federal Recognition Orders Number 62, AR, dated 19 March 2004, which awarded the applicant permanent Federal Recognition in the grade of first lieutenant to the applicant effective 16 March 2004. The...
ARMY | BCMR | CY2004 | 20040007159C070208
The applicant requests that his reenlistment code (RE) code be upgraded. At the time the applicant separated in 1985, RE code 4 was the appropriate code given to any Soldier who separated with a locally-imposed bar to reenlistment with over 18 years of service. Evidence of record shows that the applicant served less than 18 years of service and should have received an RE code 3 upon his discharge.
ARMY | BCMR | CY2004 | 20040007163C070208
The applicant, as the wife of the deceased former service member (FSM), requests, in effect, that clemency in the form of an upgrade to his discharge be granted. When the FSM returned, he was discharged with a dishonorable discharge. The FSM’s military records are not available to the Board for review.
ARMY | BCMR | CY2004 | 20040007164C070208
A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. The WD AGO Form 53-55 issued to the applicant upon his honorable release from active duty on 17 April 1946 shows that he was inducted into the Army and entered active duty on 14 November 1942. There is no indication in the separation document, or any of the documents on file in the reconstructed record received from the National Personnel Records Center (NPRC), that the...
ARMY | BCMR | CY2004 | 20040007171C070208
Diane J. Armstrong | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states, in effect, that a document showing mental health reasons for his discharge was placed in his company records prior to his separation. Chapter 7 (Physical Profiling) of Army Regulation 40-501 (Standards of Medical Fitness) provides that the basic purpose of the physical profile serial system is to provide an index to the overall...
ARMY | BCMR | CY2004 | 20040007182C070208
Item 41 (Awards & Decorations) shows that he earned the following awards during his active duty tenure: National Defense Service Medal (NDSM), Purple Heart (PH), Vietnam Service Medal (VSM), RVN Campaign Medal, and Sharpshooter Qualification Badge with Rifle Bar. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2004 | 20040007183C070208
Although a separate order would have been required to confirm the applicant’s initial award of the Army Achievement Medal, his second award should have had the order number reflected on his award certificate. While there is no order in the applicant's available records awarding him his initial Army Achievement Medal, and the order number was omitted from his second award certificate, both certificates are signed by an appropriate award authority, reflect the imprinted signature of...
ARMY | BCMR | CY2004 | 20040007193C070208
On 16 September 2003, the applicant's former spouse made a request for a deemed SBP election. Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage (without the member’s agreement) in those cases where the member was participating in the SBP or was still on active duty and had not yet made an SBP election. The 20 September 2002 letter from the applicant's attorney requested that paragraph 10b be worded, "Survivor Benefit Plan (SBP) coverage – Defendant...
ARMY | BCMR | CY2004 | 20040007199C070208
Kenneth Wright | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. In effect, the applicant requests that his record be corrected to show he was released from active duty because of a physical disability, with a 10 percent disability rating, and that he be awarded a Purple Heart because of his injury. Accordingly, the applicant was separated from active duty for reasons other than physical disability.