ARMY | BCMR | CY2007 | 20070004398
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 7 August 2007 DOCKET NUMBER: AR20070004398 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. This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS) and required...
ARMY | BCMR | CY2007 | 20070004401C071113
Donald L. Lewy | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. In view of the foregoing, it would be appropriate and in the interest of justice and equity, to correct the applicant’s record by deleting the AWOL period shown in item 26a on his DD Form 214 and changing item 26a of his DD Form 214 to read 5 February 1970 – 5 February 1970. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2007 | 20070004403C071029
Donald L. Lewy | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. There are no orders or other documents in the applicant's reconstructed NPRC file that show he was ever recommended for or awarded the PH by proper authority, or that he was ever treated for a combat related wound by military medical personnel while he was serving on active duty. Absent any evidence confirming that the applicant was wounded as a result of...
ARMY | BCMR | CY2007 | 20070004405
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 7 August 2007 DOCKET NUMBER: AR20070004405 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. Fields Member Mr. Randolph J. Fleming Member The Board considered the following evidence: Exhibit A - Application for correction of military records. There is no indication that the applicant applied to the Army...
ARMY | BCMR | CY2007 | 20070004409
Fields Member Mr. Randolph J. Fleming Member The Board considered the following evidence: Exhibit A - Application for correction of military records. 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. There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.
ARMY | BCMR | CY2007 | 20070004413C071029
However, by regulation, in order to support award of the PH there must be evidence confirming that the wound for which the award is being made was received as a result of enemy action, that it required treatment by military medical personnel, and a record of this treatment must have been made a matter of official record. As a result, it would be appropriate to award the applicant the first award of the AGCM, for his qualifying period of honorable active duty service from 2 May 1967 through...
ARMY | BCMR | CY2007 | 20070004419
The applicants record shows that he enlisted in the Regular Army and entered active duty on 9 September 1977. On 3 August 1979, the separation authority directed the applicant be separated under the provisions of paragraph 5-31 of Army Regulation 635-200 and he receive a general discharge, under honorable discharge conditions. On 27 August 1979, the applicant was discharged accordingly.
ARMY | BCMR | CY2007 | 20070004422C071113
The applicant, as the wife of the deceased former service member (FSM), requests correction of her late husband’s records to show award of the Purple Heart and the Bronze Star Medal. The FSM's military records were not available to the Board for review. Regrettably, in the absence of records prepared at the time of the FSM’s service which show that he was wounded or injured as a result of hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.
ARMY | BCMR | CY2007 | 20070004426
The applicant requested correction of his records to show award of the Silver Star. The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal. Evidence shows that the applicants records contain administrative error which does not require action by the Board.
ARMY | BCMR | CY2007 | 20070004435C071029
Army Regulation 600-8-22 (Military Awards) states individuals authorized the Iraq Campaign Medal must have served in direct support of Operation IRAQI FREEDOM (OIF). Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. However, there is insufficient evidence to show that the error is in his DD Form 214 and not in his Army Good Conduct Medal orders or his Iraq Campaign Medal memorandum.
ARMY | BCMR | CY2007 | 20070004437
He was informed that future misconduct could result in punishment under the provisions of the UCMJ and separation from active duty. On 22 February 1989, the applicant acknowledged his commander's proposed separation action for commission of a serious offense by his failure to pay just debts and writing bad checks. There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within the Board's 15-year statute of limitations.
ARMY | BCMR | CY2007 | 20070004449C071029
The applicant requests, in effect, correction of her records to show she was transferred to the Retired Reserve. Based on equity considerations and the support given by the 99th Regional Readiness Command, the applicant is entitled to have Orders 04-222- 00022 revoked so that she be transferred to the Retired Reserve with an effective date of the same date she was discharged, 9 August 2004, to, in effect, fully qualify her for transfer to the Retired Reserve and to qualify her to receive...
ARMY | BCMR | CY2007 | 20070004470C071029
On 12 December 1975, the applicant was discharged with a characterization of service of under honorable conditions (a general discharge) in pay grade E-1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. It is noted that the applicant was 17 years old at the time he enlisted; however, he successfully completed basic training and advanced individual training and therefore knew what the Army’s standards of conduct were.
ARMY | BCMR | CY2007 | 20070004477
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 August 2007 DOCKET NUMBER: AR20070004477 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 Board reviewed the applicant's personnel service record and determined that an upgrade to an honorable characterization of service was not warranted under the provision of Public Law 95-126. The applicant's...
ARMY | BCMR | CY2007 | 20070004480
On 5 September 1995, the applicant received counseling from his first sergeant concerning the negative effects of an entry level separation. The evidence shows the applicant received several counseling statements for various reasons to include inappropriate conduct, inability to adapt emotionally to military life, and the lack of motivation to continue training. The evidence shows that the applicant acknowledged and agreed with the separation recommendation.
ARMY | BCMR | CY2007 | 20070004481
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. All separations, voluntary or involuntary, from the AGR program will be governed by the following regulations: ARNGUS soldiers, released from FTNGD, while serving in the AGR program under the provisions (UP) of 32 USC are subject to separation UP of AR 135175 (officers) or AR 135178 (enlisted), or as further provided UP NGR 6005. In the processing of this case, the Boards staff contacted the proponent of AR 135-178 who stated that this...
ARMY | BCMR | CY2007 | 20070004489
Fields Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant has not provided any new evidence. The applicant's military records show he was a sergeant with corresponding pay grade E-5 before he was appointed to the temporary grade of sergeant first class with corresponding pay grade E-6.
ARMY | BCMR | CY2007 | 20070004508
The applicant requests that his records be corrected to show the award of the Purple Heart. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that he received numerous awards and decorations for his military service. Evidence shows that the applicants records contain administrative error which does not require action by the Board.
ARMY | BCMR | CY2007 | 20070004512C071029
It states, in pertinent part, that the SPD code of JJD is the appropriate code to assign to Soldiers separated under the provisions of chapter 3, Army Regulation 635-200, by reason of court-martial. The evidence of record confirms the applicant was separated under the provisions of chapter 3, Army Regulation 635-200, by reason of court- martial based on a SPCM conviction for distributing illegal drugs. In order to justify correction of a military record the applicant must show to the...
ARMY | BCMR | CY2007 | 20070004513C071108
Rowland C. Heflin | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, correction of his records to show award of the National Defense Service Medal (NDSM), the Armed Forces Service Medal (AFSM), and any other awards he is entitled to. The applicant contends that he is entitled to award of the NDSM, the AFSM, and other awards authorized during the period he was on active duty.
ARMY | BCMR | CY2007 | 20070004514
It states, in part, that the applicant was instructed to provide a copy of her 20-Year Letter and to either elect to receive severance pay, or to be transferred to the Retired Reserve. As a result, she was discharged from active duty with severance pay. Because retirement is a voluntary action and she chose to not cooperate with the Personnel Processing Center, the only available option was to discharge her with severance pay.
ARMY | BCMR | CY2007 | 20070004515C071029
All documents on file in the applicant's service personnel record shows he consistently used the same first name, middle name, and last name throughout the time he was fulfilling his active duty service obligation. On the applicant's release from active duty, on 10 March 1969, he was given a DD Form 214. There is no evidence in the applicant's service personnel records he attempted to have his name changed while he served on active duty.
ARMY | BCMR | CY2007 | 20070004519
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show 3 years of active reserve status service. The applicant's ARPC Form 249-2-E (Chronological Statement of Retirement Points) issued by the U.S. Army Reserve Personnel Command, Saint Louis, Missouri, captures the applicant's service in the USAR and shows that he had completed 6 years, 7 months, and 2 days of qualifying years for retirement. The applicant contends that his...
ARMY | BCMR | CY2007 | 20070004520
The applicant requests that his military records be corrected to show the name J***s B****a instead of S******o B****a. Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes the policies governing the Official Military Personnel File (OMPF), the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. The applicant requests that his military records be corrected to show he served his term of...
ARMY | BCMR | CY2007 | 20070004524
The applicants battalion commander supported this recommendation based on the applicants completion of his initial training and strong desire to remain in the service. On 19 October 1979, the applicants commander recommended separation from the service under the provisions of Army Regulation 635-200, Section II, Chapter 14, for fraudulent entry. 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,...
ARMY | BCMR | CY2007 | 20070004531
In the absence of a proper award authority for this decoration, the applicant may request award of the Air Medal under the provisions of Section 1130 of Title 10, United States Code. It is authorized for award to members of the armed forces of the United States who have served on active duty in support of the defense of the Republic of Korea. Army Regulation 15-185, Army Board for Correction of Military Records (ABCMR) provides, in pertinent part, that the ABCMR will decide cases on the...
ARMY | BCMR | CY2007 | 20070004542
The applicant requests that her reentry (RE) code on her DD Form 214 (Certificate of Release or Discharge from Active Duty) with the ending period 23 December 2003 be corrected. However, evidence of record shows that her DD Form 214 with the ending period 23 December 2004 shows that she was discharged due to parenthood. Therefore, the RE code of "NA" on her DD Form 214 is correct.
ARMY | BCMR | CY2007 | 20070004543
The applicant provided a memorandum for record signed by the first sergeant for Delta Company, 1st Battalion, 66th Armor, 4th Infantry Division, dated 8 February 2007 which states, in effect, that the applicant deployed to the Central Command Area of Operations in direct support of Operation Iraqi Freedom from on or about 21 August 2003 through 2 May 2004. He requests that his first deployment to Iraq be credited to his Foreign Service Tour periods of active duty service, that 2 Army...
ARMY | BCMR | CY2007 | 20070004548
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 August 2007 DOCKET NUMBER: AR20070004548 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. On 13 November 1980, the separation authority approved the applicants request for discharge and directed that he receive an under other than honorable conditions discharge. Therefore, the Board determined that the...
ARMY | BCMR | CY2007 | 20070004553
The applicant's military service records contain a DA Form 20 (Enlisted Qualification Record). This document shows that the applicant was discharged under the provisions of Army Regulation 635-200, Chapter 10, under conditions other than honorable, and issued a DD Form 258A (Undesirable Discharge Certificate). Thus, the evidence of record shows that the applicants service during the period under review was not satisfactory.
ARMY | BCMR | CY2007 | 20070004556
The applicant requests her current reenlistment contract, dated 24 November 2004, be corrected to show that she enlisted in the United States Army Reserve (USAR) for a period of 3 years and 00 weeks instead of 6 years and 00 weeks due to non-receipt of the $5000 cash bonus promised in her 6-year contract. The advisory opinion noted that the applicant did indeed sign a six-year reenlistment contract and addendum for the $5000 reenlistment bonus. The advisory opinion's supporting statement...
ARMY | BCMR | CY2007 | 20070004559
Paragraph 4-27 of Army Regulation 623-105 requires that certain types of Officer Evaluation Reports (OER) be referred to the rated officer for acknowledgement and comment before they are sent to Headquarters Department of the Army. Paragraph 4-11c(4) of Army Regulation 623-105 (Officer Evaluation Reporting System) provides that the rated officer signs and dates the OER before sending it to the rater. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the...
ARMY | BCMR | CY2007 | 20070004562
The applicant requests, in effect, correction of his military service records to show he transferred to the Retired Reserve, effective 15 June 2005. The evidence of record shows that the applicant elected to be discharged from the ARNG and as a Reserve of the Army with 19 years of creditable service for retired pay. Thus, the evidence of record shows that the applicant completed 20 creditable years of service prior to the date he was discharged from the ARNG and as a Reserve of the Army.
ARMY | BCMR | CY2007 | 20070004568C071108
The applicant states, in effect, that his date of rank for promotion to major should be adjusted to his promotion eligibility date (PED) which is 28 February 2000. He asks that the Board find validity in the U.S. Code, favorably grant his request to change his date of rank to major and submit his records to be reviewed in accordance with the “2005 LTC APL Board criteria.” Finally, he requests that if the Board finds in his favor, that he be awarded all lost major’s pay from 29 February 2000...
ARMY | BCMR | CY2007 | 20070004576
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in the Republic of Vietnam for 92 days effective 4 February 1964. The applicant's DA Form 735 (Health Records-Abstract of Service) does not show medical treatment in the Republic of Vietnam. Therefore, he is not entitled to correction of his records to show service in the Republic of Vietnam.
ARMY | BCMR | CY2007 | 20070004584
He further states, in effect, that his enlistment contract shows "ACF - $40,000", not "ACF & MGIB - $40,000." The applicant's service records contain a DA Form 3286-66 (Statement of Understanding, U.S. Army Incentive Enlistment Program), Annex D, dated 28 June 2000. There is insufficient evidence to show he was not advised that the $40,000.00 listed as his ACF benefit was the total combined amount of the MGIB and the ACF.
ARMY | BCMR | CY2007 | 20070004586
The applicant's military service records contain a DD Form 214, with an effective date of 11 April 1988. The applicant's military service records contain a DD Form 214, with an effective date of 7 June 1991. The evidence of record shows that the foreign service completed by the applicant during the period of active duty from 10 July 1986 to 11 April 1988 is recorded on his DD Form 214, with an effective date of 11 April 1988.
ARMY | BCMR | CY2007 | 20070004588
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 August 2007 DOCKET NUMBER: AR20070004588 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. On 20 November 2006, the Army Grade Determination Review Board (AGDRB) denied the applicant's request for advancement on the retired list because about a year after being promoted to the grade of E-9, he began...
ARMY | BCMR | CY2007 | 20070004609
The applicant requests correction of his military records to show award of the Purple Heart. On 16 January 1971, the applicant received medical treatment at the 1st Squadron Dispensary for an injury to his right knee. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show that, in addition to the awards shown on his DD Form 214, his authorized awards include the Expert Marksmanship Qualification Badge with Grenade Bar,...
ARMY | BCMR | CY2007 | 20070004621
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as xxx-xx-3668 vice xxx-xx-3260 and the narrative reason for separation as "medical disability (sic)." The applicant contends, in effect, that his SSN recorded in his military service records should be corrected because it is in error. There is no evidence in the available record and the applicant has failed to provide evidence to show that...
ARMY | BCMR | CY2007 | 20070004636
The applicant requests correction of his records by amending his mobilization orders to cover an existing 52-day mobilization gap from 2 December 2005 through 22 January 2006. He further states that he should have been demobilized on 2 December 2005, but had a TCS order that covered his active duty for a period of 180 days. Evidence of record shows that the applicant was mobilized with the 95th Division for the period 2 February 2005 through 1 December 2005.
ARMY | BCMR | CY2007 | 20070004640
The applicant requests correction of his records to show award of the Bronze Star Medal with "V" Device (1st Oak Leaf Cluster) and completion of the Sniper Course. Army Regulation 672-5-1, in effect at the time, provided that the Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service. Record shows the applicant was awarded the Vietnam Service Medal.
ARMY | BCMR | CY2007 | 20070004642
The applicant states that his original request for Federal Recognition was submitted to the National Guard Bureau (NGB) with another officer's packet on 26 May 2006. The Chief of the Personnel Division of the National Guard Bureau recommended that the applicant's date of rank be adjusted to 21 August 2006 based on the fact that the applicant's promotion packet was submitted at the same time as another officer from the MNARNG who was promoted to lieutenant colonel effective 21 August 2006...
ARMY | BCMR | CY2007 | 20070004647C071029
The applicant states, in effect, that the explanation of circumstances contained in the reason portion of Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 12798, dated 25 May 1966, incorrectly indicates he went for help, when in fact he got all the others into the truck and then left. The applicant's Military Records Jacket (MPRJ) contains Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 1798, dated 25 May 1966, which awarded the applicant the ARCOM...
ARMY | BCMR | CY2007 | 20070004649
The applicant requests, in effect, that the military records of her deceased spouse, an active duty Soldier who died while on active duty be corrected to show the applicant is the beneficiary for all Survivor Benefit Plan annuities. In the divorce decree presented to the Board, there is no discussion nor was it adjudged that the applicant, the former spouse of the deceased Soldier, was awarded benefits under the SBP. On 14 September 2006, the Defense Finance and Accounting Service (DFAS),...
ARMY | BCMR | CY2007 | 20070004663
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Records show that the applicant was voluntarily discharged under the provisions of Chapter 10 of Army Regulation 635-200 (Personnel Separations) in lieu of a court-martial. Evidence of records shows that the applicant was discharged under the provisions of chapter 10 of Army Regulation 635-200.
ARMY | BCMR | CY2007 | 20070004666C071029
The applicant requested, in effect, that his NGB Form 22 for the period ending 19 December 2000 be amended to reflect his recent active duty and Reserve service. The NGB Form 22 was only meant to reflect the applicant’s service as of the date he was discharged from the ARNG, i.e., a record of his service as of 19 December 2000. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.
ARMY | BCMR | CY2007 | 20070004670
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 September 2007 DOCKET NUMBER: AR20070004670 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 records show that he entered active duty for training on 3 September 1963. Therefore, the applicant is not entitled to corrections of his records to show this award.
ARMY | BCMR | CY2007 | 20070004680
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 August 2007 DOCKET NUMBER: AR20070004680 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. Evidence shows that the applicant was properly and equitably discharged in accordance with the regulations in effect at the time. _____ Paul M. Smith __ CHAIRPERSON INDEX CASE ID AR20070004680 SUFFIX RECON DATE...
ARMY | BCMR | CY2007 | 20070004683
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 August 2007 DOCKET NUMBER: AR20070004683 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 an upgrade of his Under Honorable Conditions Discharge to Honorable Discharge. There is no evidence showing that the applicant applied to the Army Discharge Review Board for an upgrade of his...