ARMY | BCMR | CY2005 | 20050005317C070206
The applicant requests correction of his military records to show award of the Purple Heart. There are no general orders in the applicant's military service records, which showed that he was awarded the Purple Heart. Based on the applicant's personnel records, the applicant's medical service records, and the Republic of Vietnam Casualty Listing, it is concluded that there is sufficient evidence to substantiate award of the Purple Heart for the wounds he received.
ARMY | BCMR | CY2005 | 20050005318C070206
The applicant requests that his record be corrected to show that his permanent change of station (PCS) orders were issued as indeterminate temporary change of station (TCS) orders while allowing him to retain any and all PCS allowances he received. The evidence of record and the advisory opinion from the G-1 clearly show that the applicant has been disadvantaged by the issuance of the erroneous PCS orders. The Board determined that the evidence presented was sufficient to warrant a...
ARMY | BCMR | CY2005 | 20050005320C070206
The applicant requests that his record be corrected to show that his permanent change of station (PCS) orders were issued as indeterminate temporary change of station (TCS) orders while allowing him to retain any and all PCS allowances he received. The evidence of record and the advisory opinion from the G-1 clearly show that the applicant has been disadvantaged by the issuance of the erroneous PCS orders. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2005 | 20050005321C070206
The applicant requests that his record be corrected to show that his permanent change of station (PCS) orders were issued as indeterminate temporary change of station (TCS) orders while allowing him to retain any and all PCS allowances he received. The evidence of record and the advisory opinion from the G-1 clearly show that the applicant has been disadvantaged by the issuance of the erroneous PCS orders. The Board determined that the evidence presented was sufficient to warrant a...
ARMY | BCMR | CY2005 | 20050005322C070206
The regulation shows that the separation program designator “JPD” as shown on the applicant’s DD Form 214 specifies the narrative reason for discharge as “Alcohol Rehabilitation Failure” and that the authority for discharge under this separation program designator is “AR 635-200, chapter 9." 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. While his...
ARMY | BCMR | CY2005 | 20050005323C070206
The applicant requests that his record be corrected to show that his permanent change of station (PCS) orders were issued as indeterminate temporary change of station (TCS) orders while allowing him to retain any and all PCS allowances he received. The evidence of record and the advisory opinion from the G-1 clearly show that the applicant has been disadvantaged by the issuance of the erroneous PCS orders. The Board determined that the evidence presented was sufficient to warrant a...
ARMY | BCMR | CY2005 | 20050005324C070206
The applicant requests that his record be corrected to show that his permanent change of station (PCS) orders were issued as indeterminate temporary change of station (TCS) orders while allowing him to retain any and all PCS allowances he received. The evidence of record and the advisory opinion from the G-1 clearly show that the applicant has been disadvantaged by the issuance of the erroneous PCS orders. The Board determined that the evidence presented was sufficient to warrant a...
ARMY | BCMR | CY2005 | 20050005325C070206
Evidence shows the applicant was awarded the Combat Infantryman Badge; therefore, the applicant is also entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge and correction of his records to show this award. Therefore, his service 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 showing award of the Prisoner of War Medal, the Bronze Star...
ARMY | BCMR | CY2005 | 20050005328C070206
The applicant's service records show he was a Canadian citizen and was 20 years old at the time he enlisted in the United States Army on 11 August 1969 for a period of three years. There is no evidence in the available records which shows that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitation. Records show the applicant was 20 years old at the time of his enlistment and 21 years old at the time of his AWOL.
ARMY | BCMR | CY2005 | 20050005330C070206
The applicant requests that he be reinstated as a warrant officer and promoted to the rank of chief warrant officer three (CW3). Meanwhile, the applicant was selected for promotion to the rank of major; however, because he was serving as warrant officer, he could not accept the promotion. He was again nonselected for promotion before he had completed 1 year working as an engineer warrant officer, before he received an evaluation as a warrant officer, and before he was deemed eligible to...
ARMY | BCMR | CY2005 | 20050005331C070206
The applicant requests that his record be corrected to show that his permanent change of station (PCS) orders were issued as indeterminate temporary change of station (TCS) orders while allowing him to retain any and all PCS allowances he received. The evidence of record and the advisory opinion from the G-1 clearly show that the applicant has been disadvantaged by the issuance of the erroneous PCS orders. The Board determined that the evidence presented was sufficient to warrant a...
ARMY | BCMR | CY2005 | 20050005332C070206
The applicant requests that his record be corrected to show that his permanent change of station (PCS) orders were issued as indeterminate temporary change of station (TCS) orders while allowing him to retain any and all PCS allowances he received. The evidence of record and the advisory opinion from the G-1 clearly show that the applicant has been disadvantaged by the issuance of the erroneous PCS orders. The Board determined that the evidence presented was sufficient to warrant a...
ARMY | BCMR | CY2005 | 20050005334C070206
Delia R. Trimble | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. It states, in pertinent part, that in order to award a PH there must be evidence that a member was wounded or injured as a result of enemy action. The evidence of record confirms the applicant was awarded the PH with 1st Oak Leaf Cluster for being wounded in action in the ETO on 19 April and 25 May 1944.
ARMY | BCMR | CY2005 | 20050005339C070206
The applicant requests, in effect: a. correction of item 30 (Military Occupational Specialty and Number [MOS]), of his WD AGO Form 53-55 (Enlisted Record and Report of Separation), to show the entry "Medical Technician 409" instead of the entry "Dental Technician 855", and; b. award of the Combat Medical Badge (CMB). There is no evidence in the available records to show that he attended any school or classes for "Dental Technician 855." As a result, the Board recommends that all Department...
ARMY | BCMR | CY2005 | 20050005344C070206
The evidence of record and the independent evidence submitted by the applicant does not show he earned any additional awards or decorations not already listed on his separation document, or that are listed in the preceding paragraphs. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he is entitled to the following awards: National Defense Medal; Drivers Badge with “W” Bar; Expert Qualification Badge with Carbine...
ARMY | BCMR | CY2005 | 20050005354C070206
Army Regulation 635-5 (Personnel Separations) in effect at the time, states that the purpose of the DD Form 214 is to provide the individual with documentary evidence of active military service and to furnish a vital record for interested government agencies which assist the individual in obtaining the rights and benefits which may accrue to him as the result of such service. Show both date and place of action if recorded on the records available at the time of separation. There is no...
ARMY | BCMR | CY2005 | 20050005370C070206
The applicant provides a statement from an Army veteran that he served with in Korea, dated 30 August 2002; a VA Form 21-4138 (Department of Veterans Affairs - Statement in Support of Claim), dated 19 June 2002; Department of Veterans Affairs (VA) Rating Decision, dated 4 August 2003; National Personnel Records Center letter, dated 11 February 2005; copies of DA AGO Form 1 (Morning Report) for B Battery, 37th Field Artillery Battalion, dated 6 April 1953, 20 April 1953, 26 May 1953, 4 June...
ARMY | BCMR | CY2005 | 20050005378C070206
The applicant is requesting correction of an alleged error or injustice which occurred around November 1976 (when his active service plus his service on the retired list totaled 30 years). Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. The applicant provides insufficient evidence which would warrant granting the relief requested.
ARMY | BCMR | CY2005 | 20050005385C070206
The applicant requests, in effect, that his military records be corrected by canceling his Survivor Benefit Plan (SBP) election for spouse and children coverage. Title 10, U. S. Code, section 1448(a)(6) provides that a person with spouse coverage who remarries may elect not to provide coverage under the SBP for the person’s spouse if such an election is made within one year after the person’s remarriage. Although it was not required, evidence of record shows the applicant submitted a...
ARMY | BCMR | CY2005 | 20050005426C070206
Michael J. Flynn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. An UOTHC discharge is normally considered appropriate for members separated under this provision of the regulation.
ARMY | BCMR | CY2005 | 20050005434C070206
The applicant requests, in effect, correction of Item 16c (Date of Entry) and Item 30 (Remarks) of his 23 September 1971 separation document (DD Form 214). He also states that his total active service dates are incorrect as a result of an erroneous entry in Item 30 of the DD Form 214 that shows he was on excess leave for 12 days from 21 July through 1 August 1970. As a result, the Board recommends denial of so much of the application that pertains to correction of his entry date into the...
ARMY | BCMR | CY2005 | 20050005437C070206
On 17 October 1996, the FSM and the applicant divorced. The Marital Settlement Agreement awarded the applicant one-half of the FSM's retired pay but did not mention the SBP. 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.
ARMY | BCMR | CY2005 | 20050005438C070206
Therefore, the entry of the Mountain Warfare (Winter) course on the applicant's DD Form 214 is not authorized by regulation. Therefore, there is insufficient evidence to show the applicant was deployed to Somalia. Records show the applicant should have discovered the alleged error or injustice now under consideration on 18 April 1996, the date he was released from active duty; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 17...
ARMY | BCMR | CY2005 | 20050005441C070206
The applicant requests, in effect, correction of his discharge document to show award of the Armed Forces Expeditionary Medal. The applicant's records contain a copy of a DA Form 638 (Recommendation for Award), dated 23 April 1996, which shows the applicant was awarded the Army Commendation Medal for outstanding service for the period 24 May 1994 to 31 May 1996, per Headquarters, 2nd Brigade, 1st Infantry Division, Permanent Order Number 164-03, dated 20 June 1996. The applicant contends,...
ARMY | BCMR | CY2005 | 20050005445C070206
The applicant’s record shows he initially enlisted in the Regular Army and entered active duty on 25 March 1968. On 1 February 1971, the separation authority accepted the applicant’s waiver of his right to a hearing before a board of officers. On 14 June 1982, the Army Discharge Review Board (ADRB), after careful consideration of the applicant’s case, found his discharge was proper and equitable, and it voted to deny his request for an upgrade of his discharge.
ARMY | BCMR | CY2005 | 20050005446C070206
The applicant requests, in effect, that his records be corrected by upgrading his discharge. On 21 June 1976, the appropriate separation authority approved his request and directed his reduction to Private E-1, and the issuance of an undesirable discharge. The U.S. Court of Appeals, observing that applicants to the Army Discharge Review Board (ADRB) are by statute allowed 15 years to apply there, and that this Board's exhaustion requirement (Army Regulation 15-185, paragraph 2-8),...
ARMY | BCMR | CY2005 | 20050005447C070206
Jeanette McCants | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. It also indicates that the applicant states that he never received any separation pay. Inasmuch as the applicant is receiving compensation from the VA and since he has never been paid separation pay, it would be in the interest of justice to remove all indication from his DD Form 214 that relate to separation pay.
ARMY | BCMR | CY2005 | 20050005453C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 January 2006 DOCKET NUMBER: AR20050005453 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 service records do not contain any orders or evidence that he was awarded the Army Commendation Medal. The evidence of record shows that the applicant was awarded the NATO Medal for service...
ARMY | BCMR | CY2005 | 20050005471C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 December 2005 DOCKET NUMBER: AR20050005471 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. Department of the Army General Orders Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit...
ARMY | BCMR | CY2005 | 20050005498C070206
Michael J. Flynn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. His separation document indicates he was assigned to a Signal unit, and a final payment work sheet is void of any indication he was receiving combat infantry pay based on having been awarded the CIB at the time of his discharge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he is...
ARMY | BCMR | CY2005 | 20050005508C070206
Gerald Purcell | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The evidence confirms the applicant was wounded as a result of hostile action and as such, is entitled to an 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 awarding him the Purple Heart wounds sustained on 24 June 1967 while in Vietnam; and b. by showing that...
ARMY | BCMR | CY2005 | 20050005511C070206
Randolph Fleming | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. DISCUSSION AND CONCLUSIONS: Orders and certificate verify that the applicant is entitled to correction of his records to show award of the ARCOM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the ARCOM.
ARMY | BCMR | CY2005 | 20050005514C070206
Therefore, he is entitled to correction of his records to show award of the Purple Heart on his DD Form 214, dated 1 August 1968. Evidence of record shows that the applicant was authorized award of the Vietnam Service Medal, which is not shown on his DD Form 214. Evidence of record shows that the applicant was authorized award of the Vietnam Campaign Medal with Device 60, which is not shown on his DD Form 214.
ARMY | BCMR | CY2005 | 20050005520C070206
The applicant states, in effect, that he is entitled to the Overseas Service Ribbon and it is not included in the list of awards contained on his Army National Guard (ARNG) separation document (NGB Form 22). 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 individual concerned be corrected by showing he is...
ARMY | BCMR | CY2005 | 20050005521C070206
The governing regulation did provide for awarding the CIB to non- infantry Soldiers who performed liaison duties with ROK combat units in Vietnam; however, the applicant’s record contains no indication that he served in this capacity during his RVN tour. 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. The Board determined that the evidence...
ARMY | BCMR | CY2005 | 20050005523C070206
Jeanette R. McCants | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. SMS shows the applicant's retired pay packet was received by USAHRC – STL on 20 October 2004. The form shows the applicant elected not to participate in the SBP and his spouse provided her concurrence with his decision.
ARMY | BCMR | CY2005 | 20050005528C070206
Evidence of record shows the applicant served overseas in Germany from 6 July 1962 through the date of his separation on 14 November 1963; however, the regulation states that the Army Service Ribbon and the Overseas Service Ribbon may be awarded retroactively for service prior to 1 August 1981 provided that the service member had an Active Army status on or after 1 August 1981. Evidence of record does not show the applicant was on Active Army status on or after the required date; therefore,...
ARMY | BCMR | CY2005 | 20050005530C070206
The evidence of record confirms the applicant was awarded the NATO Medal for his 6 months and 15 days of service in Kosovo from 7 December 1999 through 21 June 2000. The record also shows the applicant was awarded the ARCOM for his 7 months and 1 day of service in Iraq in support of Operation Iraqi Freedom from 20 June 2003 through 10 January 2004. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. revoking 13th Corps...
ARMY | BCMR | CY2005 | 20050005531C070206
The applicant provides: a. Army Regulation 800-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the Purple Heart for wounds received on 10 October 2003 while serving in Iraq.
ARMY | BCMR | CY2005 | 20050005533C070206
The memorandum also indicates the applicant is requesting a copy of the orders awarding him the Good Conduct Medal (5th Award). Evidence of record confirms that the applicant served honorably during the period from 11 March 1999 through 10 March 2002. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the Good Conduct Medal (5th Award) for the 3 year qualifying period from 11 March 1999 through 10 March 2002.
ARMY | BCMR | CY2005 | 20050005534C070206
The applicant is requesting correction of an alleged error or injustice which occurred on 27 September 1945, the date of his honorable discharge. The applicant’s military records are not available for review. The applicant contends that he is entitled to correction of his records to show award of the Purple Heart because he was given the Purple Heart for shrapnel injuries he sustained while fighting in Germany in 1944.
ARMY | BCMR | CY2005 | 20050005548C070206
The applicant states he did not appeal the Article 15 at the time because it was imposed one week before they departed Kuwait, not allowing a reasonable time (given the circumstances) to properly prepare an appeal. In item 5 of the DA Form 2627, the commander imposing the punishment apparently initially checked that the Article 15 was to be filed on the applicant's performance fiche of his OMPF. Army Regulation 27-10 also states that, for Soldiers Specialist or Corporal and below (prior to...
ARMY | BCMR | CY2005 | 20050005550C070206
The applicant requests, in effect, that his discharge be upgraded to a general discharge (GD) under honorable conditions. The U.S. Court of Appeals, observing that applicants to the Army Discharge Review Board (ADRB) are by statute allowed 15 years to apply there, and that this Board's exhaustion requirement (Army Regulation 15-185, paragraph 2-8), effectively shortens that filing period, has determined that the 3 year limit on filing to the Army Board for Correction of Military Records...
ARMY | BCMR | CY2005 | 20050005554C070206
The applicant states, in effect, that these awards are not reflected on her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 12 April 2004. However, the applicant's DD Form 214 showed that she entered active duty on 22 July 2003. HRC Awards Branch personnel have advised that the Global War on Terrorism Service Medal has been awarded, and will continue to be awarded, to all Army personnel who serve on active duty for 30 consecutive days, or more,...
ARMY | BCMR | CY2005 | 20050005555C070206
Paragraph 2 informed him that under the provisions of Army Regulation 135-91, he was required to attend all scheduled unit training assemblies and annual training periods. On 14 January 1983, the applicant was discharged from the Army National Guard with a general discharge under the provisions of Army Regulation 135- 178 for unsatisfactory participation. Army Regulation 135-178 (Separation of Enlisted Personnel) provides for the separation of enlisted personnel of the Army Reserve and...
ARMY | BCMR | CY2005 | 20050005557C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 October 2005 DOCKET NUMBER: AR20050005557 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 DD Form 214 with the separation date of 7 June 1976 does not show award of the Korea Defense Service Medal or the Good Conduct Medal. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2005 | 20050005559C070206
The applicant’s military records show that he enlisted in the Regular Army and served on active duty in that status for the period from 18 June 1965 through 15 May 1967. Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined. ...
ARMY | BCMR | CY2005 | 20050005568C070206
Counsel requests the Board consider the applicant’s case based on the evidence of record. There is no evidence to show that he was eligible for consideration for promotion to the pay grade of E- 7. The applicant had 2 years in grade at the time of his discharge and the applicant has failed to show through the evidence submitted with his application or the evidence of record, that he was eligible for consideration and was unjustly denied promotion consideration.
ARMY | BCMR | CY2005 | 20050005569C070206
Item 9 (Awards, Decorations and Campaigns), of the applicant's DA Form 2-1, Personnel Qualification Record, Part II, does not show the Combat Infantryman Badge as an authorized award. Section VIII (Awards and Decorations), of the applicant's Enlisted Record Brief, does not show the Combat Infantryman Badge as an authorized award. There is no evidence in the applicant's service personnel records, or in his OMPF, and the applicant provided none, to support his statement that he was awarded...
ARMY | BCMR | CY2005 | 20050005585C070206
On 3 May 1972, the applicant's commanding officer requested that he be discharged with a general discharge. The applicant’s record of service during his last enlistment included seven nonjudicial punishments and 42 days of lost time. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.