ARMY | BCMR | CY2007 | 20070011015C080213
On 21 October 2004, the Commandant, USASMA recommended the GOMOR be placed in the applicants local personnel file. The applicant contended that the State of Texas pursued a license suspension against him and the judge, after hearing all the evidence, determined that the State had not shown by a preponderance of the evidence that sufficient facts existed to suspend his license based on the blood test. However, it is also noted that in his 27 October letter for consideration the applicant...
ARMY | BCMR | CY2007 | 20070011018C080407
The applicant provides the following documents in support of his application: Congressional Record Honoring the 1165th Military Police Company; CAB Orders; Physical Security Course Certificate of Completion; ARCOM Certificate; Basic Military Police Course MOS 95B Certificate of Training and Academic Evaluation Reports (DA Forms 1059), dated 11 April and 3 June 1999; Recommendation for Award (DA Form 638), dated 18 March 2004; Medical Specialist Course MOS 91B Diploma, dated 24 April...
ARMY | BCMR | CY2007 | 20070011027
The applicant's DD Form 214, with an effective date of 29 November 1973, shows he was awarded one award of the Army Commendation Medal. Evidence shows that the applicants records contain administrative error which does not require action by the Board. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by adding the already-awarded Army Commendation Medal, 1st OLC, to his DD Form 214 and to show award of the Republic of...
ARMY | BCMR | CY2007 | 20070011044
The applicant's DD Form 214 does not show this award. The applicant's record shows she was issued a DD Form 215 (Correction to DD Form 214 Certificate of Release or Discharge from Active Duty), dated 11 October 2005 with the following corrections: "item 23 (Type of Separation) on her DD Form 214 to show she was "RELEASED FROM ACTIVE DUTY"; item 24 (Character of Service) to show "HONORABLE"; item 25 (Separation Authority) to show "SELF-TERMINATION ORDERS DATED 18 NOVEMBER 2002 ORDER NUMBER A...
ARMY | BCMR | CY2007 | 20070011051
The applicant requests correction of his records to show award of the Vietnam Service Medal and the Vietnam Campaign Medal. Evidence of record shows that the applicant served in the Republic of Vietnam during the period 17 September 1965 to 8 November 1965. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to the list of awards identified on his DD Form 214, dated 7 January 1966, award of the Vietnam Service Medal...
ARMY | BCMR | CY2007 | 20070011053
Army Regulation 635-200 (Personnel Separations) provides for separation of enlisted personnel with a bad conduct discharge based on an approved sentence of a general court-martial imposing a bad conduct discharge. Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted. As a result, there is insufficient basis for a grant of clemency in the form of an other...
ARMY | BCMR | CY2007 | 20070011054
This official stated that based on the applicant's Chronological Statement of Retirement Points, only 19 years of qualifying service for retired pay could be verified and therefore, her request for retired pay was denied. However, TERA provisions of the law in effect at the time of the applicant's transfer to the Retired Reserve provided for granting non-regular retirement at age 60 eligibility to those members of the Reserve who had completed 15 but less than 20 years of qualifying service...
ARMY | BCMR | CY2007 | 20070011060
The applicant states, in effect, that on 31 May 2007, the Army Discharge Review Board (ADRB) upgraded his discharge to a fully honorable discharge after determining that the discharge and separation authority procedures were not followed. On 5 January 2005, the separation authority waived rehabilitation and directed that the applicant be discharged under the provisions of Army Regulation 635-200, paragraph 14-12c for misconduct with a general under honorable discharge. The applicant's DD...
ARMY | BCMR | CY2007 | 20070011062
The applicants military records are not available to the Board for review. Based on the entry in Item 34 of the applicant's WD AGO 53-55, which shows he was wounded on 9 October 1945 in the Asiatic-Pacific Theater, there is sufficient evidence upon which to base award of the Purple Heart. There are no personnel or medical records available due to the fire at the National Personnel Records Center in 1973 nor has the applicant provided evidence to show that he was wounded on a date other...
ARMY | BCMR | CY2007 | 20070011068
The members of the PEB found the applicant was physically unfit for active duty in his grade and rank and recommended a disability rating of 40 percent. Evidence of record shows that the applicant was honorably discharged from the National Guard, and placed on the TDRL with a 40 percent disability rating on 8 November 2007, which was as a direct result of the injuries he incurred in Iraq. As a result, the Board recommends that all Department of the Army records of the individual concerned...
ARMY | BCMR | CY2007 | 20070011084C080213
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. He could tell right off that the Army and he were not going to get along at all. On 29 March 1972, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service with an undesirable discharge and a characterization of service of under other than honorable conditions.
ARMY | BCMR | CY2007 | 20070011094
The applicant's records show that he was awarded the Vietnam Service Medal. Therefore, he is entitled to correction of his records to show this award. Evidence shows that the applicant participated in three campaigns during his service in the Republic of Vietnam.
ARMY | BCMR | CY2007 | 20070011102C080213
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 January 2008 DOCKET NUMBER: AR20070011102 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 he be awarded the Army Good Conduct Medal and that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his rank and grade as Sergeant,...
ARMY | BCMR | CY2007 | 20070011105C080213
The applicant requests award of the Vietnam Service Medal and the Combat Infantryman Badge. Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the first award of the Army Good Conduct Medal for the period 6 April 1966 through 12 April 1968; and b. adding the Army Good Conduct Medal, the Vietnam Service Medal with one...
ARMY | BCMR | CY2007 | 20070011109
The applicant has provided no evidence to substantiate what the FSM's intent was at the time he completed the DD Form 1883. The FSM's DD Form 1883 shows that he made the election for children only with the understanding that if he did not chose option B or C in section II of item 9c and he died before age 60, his beneficiary would not receive benefits under Public Law 95-397. None of the factual scenarios in the four cases are close enough to the facts in the applicant's case to require a...
ARMY | BCMR | CY2007 | 20070011110C080407
The applicant requests, in effect, reconsideration of his earlier petition for removal of an Officer Evaluation Report (OER) covering the period 11 June 2004 through 1 September 2004 from his Official Military Personnel File (OMPF); and that he be granted a personal appearance before the Board. The Board finally concluded the applicant had failed to provide clear and compelling evidence showing the ratings on the contested report were in error or unjust. His specific contentions were that...
ARMY | BCMR | CY2007 | 20070011111
The applicant's military records are not available to the Board for review. The available evidence shows that the applicant served during a qualifying period for award of the American Campaign Medal, World War II Victory Medal, and the Army of Occupation Medal with Germany Clasp. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by showing that, in addition to the awards shown on his WD AGO Form 53-55, his authorized...
ARMY | BCMR | CY2007 | 20070011115
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 October 2007 DOCKET NUMBER: AR20070011115 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. There also is no evidence in his service personnel records that shows that he was treated for wounds as a result of hostile action in Vietnam. In the absence of military records or other corroborating evidence which...
ARMY | BCMR | CY2007 | 20070011126C071029
SUPPLEMENTAL RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 August 2007 DOCKET NUMBER: AR20070011126 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. Rowland C. Heflin | |Member | The Board considered the following additional evidence: Exhibit C – (show the identifying data for the original Record of Proceedings) CONSIDERATION OF ADDITIONAL...
ARMY | BCMR | CY2007 | 20070011128
This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. The applicants military records are not available to the Army Board for Correction of Military Records (ABCMR) for review. The applicant provided copies of two medical forms that show he was admitted to the hospital on 24 September 1945...
ARMY | BCMR | CY2007 | 20070011135
In his request for discharge, the applicant indicated that he understood that by requesting discharge, he was admitting guilt to the charge against him, or to a lesser included offense that also authorized the imposition of a bad conduct or dishonorable discharge. On 24 October 1983, the separation authority approved the applicants request for discharge and directed that he be issued an Under Other Than Honorable Conditions Discharge Certificate. There is no indication that the applicant...
ARMY | BCMR | CY2007 | 20070011142
Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage (without the members 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. When the FSM and the applicant divorced in April 2000, the court ordered that the FSM retain the applicant as his SBP beneficiary and even required that the applicant pay for the SBP. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2007 | 20070011142
On 2 August 2007, the FSM’s widow signed an affidavit noting that she and the FSM had been married for less than one year and had no children and that she consented to the applicant’s request to change the FSM’s SBP election to former spouse coverage. 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...
ARMY | BCMR | CY2007 | 20070011143
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 December 2007 DOCKET NUMBER: AR20070011143 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 evidence of record shows that the applicant's unit of assignment served a period of qualifying service for award of the Army of Occupation Medal, with Germany Clasp. He is therefore entitled to correction of his...
ARMY | BCMR | CY2007 | 20070011145C080213
The applicant provided a portion of a VA Rating Decision that indicates the VA reviewed his service medical records for the period 21 November 1950 through 12 November 1954. Those records did not indicate any complaint of back pain or any other symptom of an injury or wound to the back. The applicant provided evidence that shows he was treated in June of an unidentified year for an unidentified condition; however, it appears that the injury for which he is requesting a second award of the...
ARMY | BCMR | CY2007 | 20070011147
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge. The applicant is entitled to the first award of the Good Conduct Medal, for the period 20 October 1966 to 18 October 1968, based on completion of a period of qualifying military service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding...
ARMY | BCMR | CY2007 | 20070011148C080407
The applicant further states that the FSM's original Notification of Eligibility for Retired Pay at Age 60 Letter (20-Year Letter) and Survivor Benefit Plan Election Certificate (DD Form 1883) were not found in his records; however, she found copies of his 20 January 1999 20-Year Letter and an Army Reserve Personnel Command (ARPERSCOM) Letter, dated 22 March 2000, which notified her that the FSM had failed to submit a DD Form 1883 within the prescribed timeframe and that she was therefore...
ARMY | BCMR | CY2007 | 20070011149
The applicant requests, in effect, a military education waiver and promotion reconsideration to major by a special selection board (SSB) under the 2007 year criteria. The applicant's records show that he was appointed in the United States Army Reserve (USAR) as a second lieutenant, effective 21 February 1988, with prior enlisted service. The AHRC, Office of Promotions, Reserve Components, has recommended the applicant be granted a military education waiver and consideration by an SSB under...
ARMY | BCMR | CY2007 | 20070011157
The applicant requests, in effect, that her husband's records, a former service member (FSM) be corrected to show that he elected to change his Survivor Benefit Plan (SBP) coverage from "Natural person with insurable interest-mother" to "Spouse only" coverage upon marriage. The applicant provided the following documentary evidence in support of her application: a. DD Form 1883, dated 19 July 1994; b. DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); c....
ARMY | BCMR | CY2007 | 20070011158C080407
The applicant submitted a statement supporting his discharge request in which he indicated that he had 1 year and 8 months of good time, had accepted two Article 15s and had 1 court- martial, and was then pending charges for being AWOL for 2 years and 4 months. The record further shows that the applicant voluntarily requested discharge in order to avoid a court-martial that could have resulted in his receiving a punitive discharge, only after he had consulted with legal counsel and...
ARMY | BCMR | CY2007 | 20070011162C080213
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 January 2008 DOCKET NUMBER: AR20070011162 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 applicants military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending his DD...
ARMY | BCMR | CY2007 | 20070011166
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 December 2007 DOCKET NUMBER: AR20070011166 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. He had completed 2 years, 7 months and 14 days of creditable active duty and had 843 days of lost time due to AWOL. There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade...
ARMY | BCMR | CY2007 | 20070011170C080213
Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained as a result of hostile action. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2007 | 20070011171
The applicant states that she entered active duty on 4 November 1974 and was discharged on 12 July 1991, thus entitling her to 17 years, 9 months, and 4 days of creditable military service. The DD Form 214 she was issued at the time of her separation, confirms that she had completed 14 years and 1 day during this period and had a prior active service of 2 years, 8 months, and 6 days, for a combined total of 16 years, 8 months, and 7 days of military service. Jeffrey C....
ARMY | BCMR | CY2007 | 20070011172C080213
The applicants flight records are not available, and he provides no evidence to show he was recommended for one or more awards of the Air Medal. There is insufficient evidence to show he met the eligibility criteria for award of the Air Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the first award of the Army Good Conduct Medal for the period 16 March 1966 through 15 March 1968; and b. amending...
ARMY | BCMR | CY2007 | 20070011173
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 September 2007 DOCKET NUMBER: AR20070011173 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. There is also no evidence to show that while the applicant was assigned in Vietnam he served in an infantry MOS, in an infantry unit, in active ground combat. United States Army Republic of Vietnam Regulation No...
ARMY | BCMR | CY2007 | 20070011176
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 January 2008 DOCKET NUMBER: AR20070011176 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 are not available for review. Army Regulation 600-8-22 (Military Awards) states that the KDSM is authorized for award to members of the Armed Forces of the United States who have...
ARMY | BCMR | CY2007 | 20070011178
Therefore, this evidence is insufficient to approve award of the Purple Heart and correct his records to show this award. There are no orders awarding the applicant the Purple Heart, he is not listed on the Vietnam Casualty List, and there are no other medical records available to show that he was treated for a wound that he might have received as a result of hostile action during his service in Vietnam. The applicant is entitled to the first award of the Good Conduct Medal, for the period...
ARMY | BCMR | CY2007 | 20070011182
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 15 October 1984, the separation authority approved the applicants request for discharge and directed that he be issued a discharge under other than honorable conditions. Accordingly, the applicant was separated from active duty for reasons other than physical disability.
ARMY | BCMR | CY2007 | 20070011184C080407
Rowland C. Heflin | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. A DA Form 1506, dated 24 February 2006, which was prepared by a Fort Irwin human resources (HR) official in conjunction with the applicant's retirement processing, confirms that the applicant's Pay Entry Basic Date (PEBD) was 14 July 1978, and his Basic Active Service Date (BASD) was 6 March 1987. The BASD is based only on active duty service completed,...
ARMY | BCMR | CY2007 | 20070011188
On 20 June 1962, a Board of Officers was appointed to consider whether the applicant should be separated prior to his expiration of term of service due to unsuitability. A DA Form 37 (Report of Proceedings of Board of Officers) dated 9 July 1962 shows that the applicant was recommended for discharge for unsuitability and that he be furnished a General Discharge Certificate. When authorized, it is issued to a soldier whose military record is satisfactory but not sufficiently meritorious to...
ARMY | BCMR | CY2007 | 20070011190
On 27 June 2006, the immediate commander requested the applicant be separated in accordance with paragraph 5-13 of Army Regulation 635-200 for personality disorder. On 28 June 2006, the separation authority disapproved the request to delay the separation action and approved the applicant's discharge under the provisions of paragraph 5-13 of Army Regulation 635-200 by reason of Personality Disorder and directed the applicant be furnished an Honorable Discharge Certificate. The applicant...
ARMY | BCMR | CY2007 | 20070011193
Army Regulation 672-5-1, in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. As a result, the Board...
ARMY | BCMR | CY2007 | 20070011194
In his request for discharge, the applicant indicated that he understood that by requesting discharge, he was admitting guilt to the charges against him, or of a lesser included offense, that also authorized the imposition of a bad conduct discharge or an under other than honorable discharge. On 8 February 1989, the separation authority approved the applicant's request for discharge for the good of the service in accordance with chapter 10 of Army regulation 635-200 and directed he receive...
ARMY | BCMR | CY2007 | 20070011210
Army Regulation 635-89, in effect at the time, required the separation of individuals who voluntarily participated in homosexual acts. A general or honorable discharge could be issued in those cases in which the individual had disclosed homosexual tendencies upon entering the service, to individuals who had performed outstanding or heroic service or if an individual had served for an extended period of time and the separation authority determined that such action was in the best interests...
ARMY | BCMR | CY2007 | 20070011216
The applicant requests, his bad conduct discharge be upgraded to a discharge under honorable conditions through clemency. The applicant's DD Form 214 shows that he was discharged on 21 March 1973 under the provisions of Army Regulation 635-200 (Personnel Separations) because of a conviction by a general court-martial. In accordance with Title 10, United States Code, section 1552, the authority under which this Board acts, the Army Board for Correction of Military Records is not empowered...
ARMY | BCMR | CY2007 | 20070011222
The applicant requests in effect, that her National Guard Federal Recognition Order (initial appointment), dated 23 February 2007, in the grade of second lieutenant (O-1) be corrected to show the Federal Recognition effective date of 19 August 2006. National Guard Regulation 600-100, paragraph 10-15b states that temporary Federal Recognition may be granted by a Federal Recognition Board to those eligible when the board finds that the member has successfully passed the examination prescribed...
ARMY | BCMR | CY2007 | 20070011227
The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the bronze service stars to which he is entitled for his campaign participation. AR 672-5-1, in effect at the time of the applicant's separation provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. As a result, the Board recommends that all Department...
ARMY | BCMR | CY2007 | 20070011229
Therefore, there is sufficient evidence to award the applicant the Combat Medical Badge and correct his records to show this award. Record shows the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to the list of awards identified on his DD Form 214, dated 13 July 1968, award of the Combat Medical Badge, the Air Medal, the Presidential Unit Citation, the Meritorious...
ARMY | BCMR | CY2007 | 20070011242
On 10 July 1972, The United States Army Court of Military Review denied the petition of the applicant for a grant of review. In accordance with Title 10, United States Code, section 1552, the authority under which this Board acts, the Army Board for Correction of Military Records is not empowered to set aside a conviction. Evidence of record shows that the applicant had a history of misconduct to include two Article 15s, one Summary Court-Martial, one Special Court-Martial, and one General...