ARMY | BCMR | CY2007 | 20070000260
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 July 2007 DOCKET NUMBER: AR20070000260 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 correction of his military records to show award of the Bronze Star Medal and the Army Commendation Medal. Army Regulation 672-5-1, in effect at the time, provides that the Army Good Conduct Medal...
ARMY | BCMR | CY2007 | 20070000261C071029
Defense counsel objected to the consideration of any of Sergeant W___’s testimony based upon the fact that Sergeant R___ had contacted Sergeant W___ and discussed his testimony with him. In his statement, the applicant stated, in part, that he was requesting discharge because since charges were preferred against him life had been extremely hard for his family and him. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
ARMY | BCMR | CY2007 | 20070000268
The applicant requests correction of his military records to show that he was retired due to a physical disability. The PEB found the applicant to be physically unfit and recommended a combined disability rating of thirty percent, and that he be placed on the TDRL with reexamination during October 2003. The available evidence clearly shows that the applicant was medically disabled and evaluated by a PEB.
ARMY | BCMR | CY2007 | 20070000274
The DD Form 214 (Certificate of Release or Discharge from Active Duty) the applicant was issued at the time of his discharge confirms he was discharged and his characterization of service was under other than honorable conditions. Army Regulation 635-5, (Personnel Separations) governs the requirements for listing military education on the DD Form 214. Therefore, the applicant is not entitled to a general discharge or an honorable discharge.
ARMY | BCMR | CY2007 | 20070000277C071108
The applicant's military service records contain a copy of Headquarters, U.S. Army Personnel Center, Fort Jackson, South Carolina, Special Orders 196, dated 27 August 1970, which show, in pertinent part, that the applicant was discharged under authority of Army Regulation 635-200, Separation Program Number (SPN) Code 246. The DD Form 214, issued to the applicant upon his separation, shows that he was discharged on 28 August 1970, in accordance with the provisions of Army Regulation 635-200,...
ARMY | BCMR | CY2007 | 20070000278C071108
The applicant requests that his discharge under other than honorable conditions be upgraded due to his mental health. Further, the applicant failed to provide evidence that his conduct since his discharge has been so meritorious as to warrant an upgrade of his discharge as a matter of equity. Records show the applicant exhausted his administrative remedies in this case when his case was last reviewed by the ADRB on 4 March 1982; therefore, the time for the applicant to file a request for...
ARMY | BCMR | CY2007 | 20070000287
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 June 2007 DOCKET NUMBER: AR20070000287 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. A year later he was reassigned for duty as a cook with the 169th Engineer Battalion in the Republic of Vietnam. As a result, the Board further determined that there is no evidence provided which shows that it would be...
ARMY | BCMR | CY2007 | 20070000292
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 June 2007 DOCKET NUMBER: AR20070000292 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, in effect, that the Army Commendation Medal, with "V" Device, be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and that he be awarded the Combat...
ARMY | BCMR | CY2007 | 20070000297
There is no evidence in the available records which shows that he completed basic combat or advanced individual training. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) the applicant was issued at the time of his discharge confirms he was discharged and his characterization of service was under other than honorable conditions. The applicant contends that his discharge should be upgraded because he went home on leave to see his family after completing...
ARMY | BCMR | CY2007 | 20070000298C071029
The applicant’s military records are not available to the Board for review. Item 31 (Military Qualification and Date) of the applicant’s WD AGO Form 53-55 shows he was awarded the CIB on orders dated 16 August 1945. Item 32 (Decorations and Citations) of the applicant’s WD AGO Form 53- 55 shows he was awarded the Asiatic-Pacific Service Medal (now known as the Asiatic-Pacific Campaign Medal), the Army Good Conduct Medal, the Philippines Liberation Ribbon, the Purple Heart, and the World...
ARMY | BCMR | CY2007 | 20070000303C071029
The applicant requests, in effect, that his discharge be upgraded. On 24 November 1976, the applicant was discharged with an undesirable discharge and a characterization of service of under other than honorable conditions, in pay grade E-1, under the provisions of Army Regulation 635- 200, chapter 10, discharge in lieu of trial by court-martial. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
ARMY | BCMR | CY2007 | 20070000307
The applicant requests, in effect, correction of item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), of his DD Form 214 (Certificate of Release or Discharge from Active Duty), to show that he was awarded the Iraq Campaign Medal and that his records be corrected to show that he served during Operation Iraqi Freedom (OIF). Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal is authorized for award to members of the...
ARMY | BCMR | CY2007 | 20070000308
The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 5 January 1982. The applicant's military service records contain Service copies (2 and 7) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 5 January 1982. ____Linda D. Simmons_____ CHAIRPERSON INDEX CASE ID AR20070000308 SUFFIX RECON YYYYMMDD DATE BOARDED 2007/07/26 TYPE OF DISCHARGE UOTHC DATE OF...
ARMY | BCMR | CY2007 | 20070000311
This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart. The medical evidence in the available records shows the applicant was diagnosed as having psychoneurosis and rhinitis and was not awarded the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the European-African-Middle Eastern Campaign Medal, with three bronze service stars;...
ARMY | BCMR | CY2007 | 20070000313
There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law. __James Anderholm_____ CHAIRPERSON INDEX CASE ID AR20070000313 SUFFIX RECON DATE...
ARMY | BCMR | CY2007 | 20070000331
The applicant requests correction of his military records to show award of the Army Good Conduct Medal, Army Service Ribbon, and the Army Overseas Service Ribbon. The applicant provides a copy of his Certificate of Release or Discharge from Active Duty (DD Form 214), and information sheets for the Army Good Conduct Medal, Army Service Ribbon, and the Army Overseas Service Ribbon. The evidence of record clearly shows that the applicant served a qualifying period of time for an initial award...
ARMY | BCMR | CY2007 | 20070000335
Powers Member Mr. Edward E. Montgomery Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicants military service records contain a DD Form 1883 (Survivor Benefit Plan (SBP) Election Certificate), dated 24 November 1993. The evidence of record shows that the applicant attained age 60 and eligibility for retired pay on 5 November 2006.
ARMY | BCMR | CY2007 | 20070000338
x The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant submits no documentary evidence, in addition to his DD Form 149, Application for Correction of Military Record, in support of his request. On 29 August 1973, the applicant's commander notified him he was initiating action to eliminate him from the service prior to the expiration of his term of service, under the provisions of AR 635-200, Chapter 13.
ARMY | BCMR | CY2007 | 20070000339
The applicant requests, in effect, that his discharge for personality disorder be corrected to a medical discharge for Post Traumatic Stress Disorder (PTSD). Those members who do not meet medical retention standards will be referred to a Physical Evaluation Board (PEB) for a determination of whether they are able to perform the duties of their grade and military specialty with the medically disqualifying condition. Without a PEB the applicant couldn't be medically discharged.
ARMY | BCMR | CY2007 | 20070000346C071029
On 9 August 2004, the applicant was honorably released from active duty (REFRAD), by reason of completion of required active service. The evidence of record contains active duty orders that confirm the applicant was ordered to active duty on 16 June 2002, and through subsequent amendments, his period of active duty was extended through August 2004, and he was honorably REFRAD in accordance with these orders. In order to justify correction of a military record the applicant must show to the...
ARMY | BCMR | CY2007 | 20070000349C071029
The applicant requests, in effect, that the Purple Heart and the Combat Infantryman Badge be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 3 December 2006. The evidence of record shows that the applicant was wounded as a result of enemy action. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 3 December 2006 to add...
ARMY | BCMR | CY2007 | 20070000353
The applicant contends that he is entitled to award of the Purple Heart because of a fragmentation chest wound sustained as a result of combat in the Republic of Vietnam. Therefore, he is entitled to correction of his records 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 Purple Heart for wounds sustained in the Republic of Vietnam on 28 May 1966.
ARMY | BCMR | CY2007 | 20070000354C071029
The applicant is requesting correction of an alleged error or injustice that occurred on 18 May 1971, the date of his release from active duty (REFRAD). However, by regulation, in order to support award of the PH, there must be evidence confirming the wound for which the award is being made was received as a result of or was caused by enemy action, that the would required treatment by military medical personnel, and a record of this medical treatment must have been made a matter of official...
ARMY | BCMR | CY2007 | 20070000366C071029
In a letter home dated 19 April 1945, the FSM stated in part, “…just before that dam (sic) cave fell in on me. It is acknowledged that when the FSM wrote home in April 1945 he appeared to be implying that the detonation of a Japanese artillery shell caused the cave in [of his foxhole or trench] that caused his knee to be injured. At this point in time, it cannot be determined if the FSM’s commander made a considered decision that the enemy caused the FSM’s April 1945 injury to an...
ARMY | BCMR | CY2007 | 20070000384
On 8 May 1979, the separation authority approved the applicant's request for discharge and directed that he receive an Under Other Than Honorable Conditions Discharge Certificate. On 23 May 1979, the applicant was discharged accordingly. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2007 | 20070000385C071029
A U. S. Army Criminal Investigation Command Report of Investigation revealed that the applicant, Specialist O___, and one other Soldier were involved in the theft of live fragmentation grenades while performing duties at the Fort Lewis, WA grenade range. 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 submit a request for discharge for the good of the...
ARMY | BCMR | CY2007 | 20070000387
The applicant did not provide evidence of his student loan amounts or balances in his application. The advisory official indicated that the applicant did have loans that qualified for repayment under the LRP in the amount of $2,625.00 and that payment had been authorized toward the qualifying loans. The LRP is a Department of the Army enlistment option authorized by Title 10 of the United States Code, section 2171, which provides the legal authority for the education loan repayment program...
ARMY | BCMR | CY2007 | 20070000392
The applicant requests that item 28 (Narrative Reason for Separation) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) issued on 14 June 2005 be changed to Hardship instead of Secretarial Authority. Evidence of record shows the applicant applied to the ADRB for a narrative reason for separation change to hardship/dependency and he provided substantive evidence to support his request. Since the evidence of record shows that he should have been discharged due to...
ARMY | BCMR | CY2007 | 20070000393
The applicant had 425 of those days in a 10 U.S.C. The Chief, Personnel Policy and Readiness Division concluded that applicant's voluntary mobilization orders should have commenced on 5 March 2005, and that his third mobilization 20 November 2005 to 4 March 2007 should also have been conducted in COTTAD, 12301(d) status. Department of the Army Personnel Policy Guidance paragraph 10-3 provides that Reserve Component Soldiers who voluntarily request to serve beyond their 24-month...
ARMY | BCMR | CY2007 | 20070000445
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 August 2007 DOCKET NUMBER: AR20070000445 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. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicants failure to timely file. Conviction and discharge were effected in...
ARMY | BCMR | CY2007 | 20070000446
The applicants military records are not available to the Board for review. There is also no evidence in the available records which shows the applicant was wounded or treated for wounds as a result of hostile action in Korea. Records show the applicant should have discovered the alleged error now under consideration on 18 April 1957; therefore, the time for the applicant to file a request for correction of any error expired on 17 April 1960.
ARMY | BCMR | CY2007 | 20070000462
The applicant requests, in effect, that his discharge for personality disorder be corrected to a medical discharge for Post Traumatic Stress Disorder (PTSD). Those members who do not meet medical retention standards will be referred to a Physical Evaluation Board (PEB) for a determination of whether they are able to perform the duties of their grade and military specialty with the medically disqualifying condition. Without a PEB the applicant couldn't be medically discharged.
ARMY | BCMR | CY2007 | 20070000469
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 7 June 2007 DOCKET NUMBER: AR20070000469 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. Table I (Regulations governing discharge and release from the active military service) further provided that members released from active military service and transferred to the Reserve components under the authority of...
ARMY | BCMR | CY2007 | 20070000482
Therefore, the applicant's request to show on his DD Form 214 his rank as a sergeant should not be granted. Therefore, his 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: a. awarding him the Army Good Conduct Medal for the period from 21 September 1998 to 20 September 2001; b. showing in Item 14 (Military Education) of his DD Form 214 for the period ending 20 September...
ARMY | BCMR | CY2007 | 20070000495
On 29 December 2006, and based upon a request to the Army Board for Correction of Military Records (ABCMR) that she be issued a DD Form 214 for the period in question, the applicant was issued a DD Form 214 for the period ending 29 November 1986. The evidence of record shows the applicant complied with her original orders and arrived at her active duty for training station on 29 August 1986. The entry on the orders which show the applicant reported to Fort Jackson on 29 August 1986 is...
ARMY | BCMR | CY2007 | 20070000496
The applicant requests, in effect, correction of his military records to add 2 years of constructive service credit for his Master of Science Degree in Biomedical Sciences (Immunology). The evidence clearly shows that the applicant obtained a qualifying advanced degree, in addition to his General Medical Doctor Degree. He was not properly granted constructive credit for this advanced degree at the time of his entry on active duty.
ARMY | BCMR | CY2007 | 20070000505
The applicant requests correction of his military records to show award of the Purple Heart for wounds received in the Republic of Vietnam. Records show that the applicant participated in two campaign periods during his service in the Republic of Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal for the period from 28 January 1963 to 25 January 1966; and c. showing...
ARMY | BCMR | CY2007 | 20070000507
The applicant requests correction of his official military personnel file (OMPF) by removing the relief for cause noncommissioned officer evaluation report (NCOER) he received for the period from July 2004 through June 2005. On 1 June 2006, the applicant appealed the contested NCOER to the ESRB. He based his appeal on the argument that the comments in Part IVa of the NCOER violated the provisions of Army Regulation 623-205, paragraphs 3-17a, b, c (1), and c (2), in that no reference may be...
ARMY | BCMR | CY2007 | 20070000508
The applicant requests the removal of the duplicate certificate for award of the Army Commendation Medal from his official military personnel File (OMPF). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing from his official military personnel file the certificate for the Army Commendation Medal issued on 21 April 1997. __ _Barbara J. Ellis__ CHAIRPERSON INDEX CASE ID AR20070000508 SUFFIX RECON DATE...
ARMY | BCMR | CY2007 | 20070000510
The Reserve Officer Personnel Act in effect prior to ROPMA required completion of 3 years as a 2LT and 4 years as a 1LT before promotion to captain. In view of the circumstances in this case, the applicant is entitled to adjustment to his promotion effective date and date of rank for captain to 12 September 2000, the date of his assignment to a captain's position, had he been timely considered for promotion prior to his MYIG date. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2007 | 20070000516C071029
The constructive service credit is awarded based on an officer’s effective date of appointment. The applicant was eligible for 2 years constructive service credit for his degree of Master in Biomedical Sciences, his advanced education beyond his basic qualifying degree, since this degree was received prior to his entry into medical school and being commissioned as an officer in the Army. Based on the evidence, the applicant was not awarded proper constructive service credit at the time he...
ARMY | BCMR | CY2007 | 20070000527
The applicant requests that his date of rank (DOR) for promotion to captain be adjusted (in effect, that he be credited with additional constructive credit). However, the applicant has not been treated any differently than any other Medical Corps officer with regard to his maximum entry grade credit or constructive credit. Evidence of record shows the applicant was credited with constructive credit for his prior commissioned service as an infantry officer during the period 29 May 1993 to...
ARMY | BCMR | CY2007 | 20070000528
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 February 2007 DOCKET NUMBER: AR20070000528 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 duplicate orders awarding him the Army Good Conduct Medal be removed from his official military personnel File (OMPF). As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2007 | 20070000534
The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty. Since the applicant was awarded MOS 91B in the USAR on 23 March 1979, 18 months after his release from active duty, there is no basis for amending item 17a on his DD Form 214 for the period ending 12 September 1977 to show this secondary MOS. The applicant did not file within the 3-year statute of limitations and has not provided a...
ARMY | BCMR | CY2007 | 20070000535
The applicant requests correction of his military records to show award of the Purple Heart for wounds received in the Republic of Vietnam. Records show that the applicant participated in four campaign periods during his service in the Republic of Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal for the period from 22 April 1968 to 28 November 1969; and b. showing...
ARMY | BCMR | CY2007 | 20070000543
The applicant requests correction of his Report of Separation from the Armed Forces of the United States (DD Form 214) to show award of the Purple Heart, Combat Infantryman Badge and the Prisoner of War Medal. On 17 July 2006, the Chief, Military Awards Branch, United States Army Human Resources Command, Alexandria, Virginia, determined that the applicant was entitled to award of the Purple Heart, Combat Infantryman Badge, Prisoner of War Medal, Korean Service Medal with one bronze service...
ARMY | BCMR | CY2007 | 20070000547
The spouse of the deceased Former Service Member (FSM) requests, in effect, that her husband's discharge date be amended to 1 April 2006. The applicant provides excerpts from her husband's medical records and pharmacy records. On 13 January 2006, the FSM was released from active duty with disability and severance pay.
ARMY | BCMR | CY2007 | 20070000559
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 February 2007 DOCKET NUMBER: AR20070000559 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 record of nonjudicial punishment (NJP) be removed from the Performance Section of his Official Military Personnel File (OMPF). Therefore, the filing location for the NJP issued on 26...
ARMY | BCMR | CY2007 | 20070000589
The applicant provided a WD AGO Form 38 which shows the applicant underwent a separation medical physical. The applicant contends that he is entitled to award of the Purple Heart for wounds sustained in combat. Based on the foregoing, there is insufficient evidence to grant the applicant's request for award of the Purple Heart in this case.
ARMY | BCMR | CY2007 | 20070000593
The applicant contends that he is entitled to award of the Purple Heart because of injuries sustained while serving in the Republic of Vietnam. In the absence of evidence that the applicant was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case. Record shows the applicant was awarded the Vietnam Service Medal.