ARMY | BCMR | CY2008 | 20080014798
Application for correction of military records (with supporting documents provided, if any). The applicant provides copies of her DD Forms 214, dated 16 March 2005 and 27 January 2001, in support of her application. She also entered active duty on 3 January 2004 and was honorably separated on 16 March 2005.
ARMY | BCMR | CY2008 | 20080014799
The SGO Files do not show any hospitalizations for wounds under the applicant's service number. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ X_______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ARMY | BCMR | CY2008 | 20080014801
The applicant requests, in effect, correction to his DD Form 214 (Report of Separation from the Armed Forces of the United States), Item 30 (Service Schools or Colleges, College Training, Courses and/or Post Graduate, Courses Successfully Completed), to show he completed the Leaders' Course and the Fifth Army Forty-Hour Discussion Leaders' Course, both in 1951. The evidence of record shows the applicant completed the eight weeks Leaders' Course on 18 May 1951 and the Fifth Army Forty-Hour...
ARMY | BCMR | CY2008 | 20080014803
IN THE CASE OF: BOARD DATE: 18 February 2009 DOCKET NUMBER: AR20080014803 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. This form indicates that a FLAG was removed effective 25 June 2008. She was issued promotion orders on 18 July 2008 with the removal of the FLAG and a Promotion Qualification Statement verifying that she was in a valid higher position on 29 April 2008, the release date of the selection board.
ARMY | BCMR | CY2008 | 20080014804
Therefore, in the absence of evidence to show that he was awarded or was eligible for a combat award that he should have received for his service in Vietnam, there appears to be no basis to grant his request. 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. Therefore, the Board determined that the overall merits of this case are insufficient as a...
ARMY | BCMR | CY2008 | 20080014805
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 certificate provided by the applicant is not sufficient evidence by itself upon which to base a correction of his records. __________X_______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ARMY | BCMR | CY2008 | 20080014810
The applicant requests, in effect, that his discharge under other than honorable conditions be upgraded to an honorable or general discharge. The applicant also understood that if his request for discharge was accepted, he may be discharged under other than honorable conditions and furnished an Under Other Than Honorable Conditions Discharge Certificate. On 4 May 1988, the applicant was discharged accordingly.
ARMY | BCMR | CY2008 | 20080014811
Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service. 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 19 June...
ARMY | BCMR | CY2008 | 20080014818
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 September 1995 to show two awards of the Army Commendation Medal (correctly known as the Army Commendation Medal with First Oak Leaf Cluster). The applicant provides an award certificate for the Army Commendation Medal for the period 17 March 1987 to 25 March 1990; an award certificate for the Army Commendation Medal, with orders number, for the period 12...
ARMY | BCMR | CY2008 | 20080014819
The applicant's records show he initially enlisted in the Regular Army for a period of 4 years on 8 July 1983. He subsequently completed a USAREC Form 1150-R-E (Statement of Understanding-Army Policy), indicating that his enlistment was in the grade of E-4 and that he enlisted for the broken service selective reenlistment bonus (BSSRB) incentive in accordance with Headquarters, Department of the Army (HQDA) Military Personnel Message 01-199, dated 5 July 2001 for MOS 96B for 3 years. The...
ARMY | BCMR | CY2008 | 20080014820
Counsel requests that the Board change the applicant's Narrative Reason for Separation and his RE Code to a more favorable code. On 17 March 2006, after consulting with defense counsel, the applicant submitted a request for discharge for the good of the service, under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. The ADRB, after considering all of the available evidence and arguments submitted by the applicant, determined that given the...
ARMY | BCMR | CY2008 | 20080014822
The applicant's military records show that he was inducted into the Army of the United States on 27 November 1963. Additionally, the applicant provided a letter, dated 16 June 2008, from his physician, who essentially stated that the applicant has been under the care of his office for many years. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.
ARMY | BCMR | CY2008 | 20080014824
The applicant requests that the records of her deceased spouse, a former service member (FSM), be corrected to show he elected Option C (Immediate coverage) in the Reserve Component Survivor Benefit Plan (RCSBP) for spouse coverage. The SBP counselor should have pointed out the inconsistencies of the FSM's elections on the DD Form 1883, made appropriate corrections, and had the FSM complete a form that clearly showed his intent. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2008 | 20080014826
Headquarters, United States Army Infantry Center/OSUT, Fort Benning, Georgia, Orders 1-7, dated 2 January 1985, show the applicant was awarded MOS 11H effective 31 January 1985. United States Army Garrison, Fort Huachuca, Arizona, Orders 176-18, dated 9 September 1988, show the applicant was awarded primary MOS 96B2O and secondary MOS 11H2O effective 21 October 1988. The evidence of record shows the applicant completed OSUT and was awarded infantry MOS 11H.
ARMY | BCMR | CY2008 | 20080014829
The evidence of record shows that prior to his retirement, the applicant elected to participate in the SBP, spouse coverage. The applicant could have made a written request to the Defense Finance and Accounting Service (DFAS) as early as 1 July 2008 (the beginning of the second anniversary of the date on which his retired pay started) to request disenrollment; however; there is no indication that he did so. When submitting his request to DFAS to terminate his SBP, the applicant must obtain...
ARMY | BCMR | CY2008 | 20080014833
Officials at the HRC-STL opine that the applicant was promoted to the rank of major based on his selection by the 2008 Major Reserve Component Selection Board and his DOR was based on the date of approval of that board, which was the earliest date allowed. Inasmuch as the Board directed a change to his DOR for promotion to the rank of CPT, the applicant's records were placed before a special selection board (SSB) for consideration under the 2007 criteria and that board's results have not...
ARMY | BCMR | CY2008 | 20080014835
The applicant requests, in effect, that his military records be corrected to show that he elected not to participate in the Survivor Benefit Plan (SBP) and that his wife concurred with his election. Although the applicant's spouse concurred with his SBP election on the DD Form 2656, her concurrence was dated prior to his SBP election. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant's spouse...
ARMY | BCMR | CY2008 | 20080014837
The applicant requests, in effect, correction of his record to show he remained on the Reserve Active Status List (RASL) from 4 May to 12 June 2007, and reconsideration for promotion to major (MAJ) by a Special Selection Board (SSB). It also provided that an officer must have been on the RASL for a period of 1 year prior to the convening date of the board to be considered for promotion. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2008 | 20080014839
The applicant requests, in effect, correction of his military records to add a Complete-the-Record (Code 09) Officer Evaluation Report (OER) to his official military personnel file (OMPF) and to have his records considered by a Department of the Army Special Selection Board (SSB) for promotion to chief warrant officer five (CW5). MILPER Message Number 08-012, issued 10 January 2008, provided at paragraph 4c(2) that Complete-the-Record OER's were to have a "Thru Date" of 4 January 2008 to...
ARMY | BCMR | CY2008 | 20080014840
The applicant requests, in effect, correction of his military records to show that his highest rank held satisfactorily was staff sergeant, pay grade E-6, and that his retired pay be adjusted accordingly. It states, in pertinent part, that in the case of a person who is entitled to retired pay under section 12731 of this title, the retired pay base is the monthly basic pay, determined at the rates applicable on the date when retired pay is granted, of the highest grade held satisfactorily...
ARMY | BCMR | CY2008 | 20080014842
The applicant provides a copy of an account statement from the DFAS, dated 3 October 2006; his enlistment contract into the United States Army Reserve Delayed Entry Program on 30 August 2006 and into the Regular Army on 21 September 2006 for a period of 5 years; and his DA Form 597-3 (Army Senior Reserve Officers Training Corps [ROTC] Scholarship Cadet Contract), in support of this application. The record shows that as a result of the applicants 5-year enlistment in the Regular Army on 21...
ARMY | BCMR | CY2008 | 20080014844
The applicant states, in effect, that he believes that he is entitled to decorations and awards that may not be reflected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the GCMDL at this time. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him...
ARMY | BCMR | CY2008 | 20080014846
There is no evidence the applicant received the first award of the Good Conduct Medal. The applicant participated in five campaigns during his assignment in Vietnam which makes him eligible for award of the Vietnam Service Medal with one silver service star. 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 Good Conduct Medal for the period 12 October 1966 through 15 May 1969; and b....
ARMY | BCMR | CY2008 | 20080014847
Application for correction of military records (with supporting documents provided, if any). The DD Form 214 he was issued for this period of service does not list any awards or decorations and shows he served in Vietnam for 19 days. Army Regulation 600-8-22 as amended provides 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...
ARMY | BCMR | CY2008 | 20080014850
The applicant provides: a. On 28 November 2006, Orders D333-03 removed the applicant from the TDRL and discharged her from the Army because of permanent physical disability rated at 20 percent. The applicant non-concurred.
ARMY | BCMR | CY2008 | 20080014853
Landstuhl Regional Medical Center Medical Evaluation Board (MEB) Report, dated 21 February 2006, shows a MEB was initiated by Doctor A____s to determine if the applicant met retentions standards in accordance with Army Regulation 40-501 (Standards of Medical Fitness). This is known as the Presumption of Fitness Rule which states a Soldier is presumed fit because of continued performance of military duty up to the point of separation for reasons other than physical disability. Therefore,...
ARMY | BCMR | CY2008 | 20080014854
There is no evidence the applicant received the first award of the Good Conduct Medal. 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 Purple Heart for wounds received in action on 22 November 1967; b. awarding him the first award of the Good Conduct Medal for the period 4 May 1966 through 3 May 1968; and c. adding the Purple Heart, the...
ARMY | BCMR | CY2008 | 20080014857
There is no conclusive evidence in the applicants records that the separation authority approved his request for discharge in lieu of court-martial. This form further shows the applicant's character of service as dishonorable and that he completed a total of 11 years and 3 months of creditable military service and had 200 days of lost time. Conviction and discharge were effected in accordance with applicable laws and regulations, and the discharge appropriately characterizes the...
ARMY | BCMR | CY2008 | 20080014859
12302 on or about 26 May 2006 for a period of 40 days. The applicant's DD Form 214 for the period ending 6 June 2006, shows he was involuntarily ordered to active duty under the provisions of 10 U.S.C. Department of the Army Personnel Policy Guidance, in effect at the time of the applicant's mobilization, paragraph 10-3, provided that Reserve Component Soldiers who voluntarily requested to serve beyond their 24-month mobilization authorized under the provisions of 10 U.S.C.
ARMY | BCMR | CY2008 | 20080014864
The applicant submitted a self-authored statement, dated 14 August 2008, which was not previously reviewed by the ABCMR; therefore, it is considered new evidence and as such warrants consideration by the Board. With respect to the applicant's nonjudicial punishments, the evidence of record clearly shows that in both instances the applicant committed certain infractions and/or misconduct and was accordingly punished under the provisions of Article 15 of the UCMJ. With respect to early...
ARMY | BCMR | CY2008 | 20080014865
The applicant requests, in effect, that the upgrade of his undesirable discharge (UD) to a general, under honorable conditions discharge (GD), under the Special Discharge Review Program (SDRP) be affirmed. On 13 July 1972, the Army Discharge Review Board (ADRB), after careful consideration of the applicant's military records and all other available evidence, determined that he had been properly and equitably discharged and it voted to deny his request for a change to the characterization of...
ARMY | BCMR | CY2008 | 20080014866
The applicant requests, in effect, award of the Overseas Service Ribbon (OSR). The applicant's record contains a Personnel Qualification Record (DA Form 2-1) which shows, in Item 5 (Oversea Service), that he completed a 36-month overseas tour in Alaska from 19 August 1991 through 18 August 1994. The evidence of record confirms the applicant completed an overseas tour in Alaska, as evidenced by an entry in Item 9 of his DA Form 2-1 and PCS orders contained in his records.
ARMY | BCMR | CY2008 | 20080014867
His DD Form 214 be corrected to show he attended the Noncommissioned Officer (NCO) School (sic); c. His DD Form 214 be corrected to show his military occupational specialty (MOS) was 133.00 (Reconnaissance Scout); and d. His courts-martial be expunged from his record. 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 change a court-martial conviction, rather it is...
ARMY | BCMR | CY2008 | 20080014869
Application for correction of military records (with supporting documents provided, if any). 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 applicant's DA Form 20 provides the following pertinent information: a. his official MOS was 91B (Medical Specialist); b. he was assigned to...
ARMY | BCMR | CY2008 | 20080014870
Army Regulation 635-5-1, in effect at the time, provides the SPD codes for Army personnel being separated from active duty. Table C-1 shows the SPD code of "LGA" was to be assigned to personnel being separated for Entry Level Performance and Conduct under the provisions of Army Regulation 635-200, chapter 11. Army Regulation 635-5-1, in effect at the time, shows the SPD code "LGA" was properly assigned to the applicant since he was separated for Entry Level Performance and Conduct under...
ARMY | BCMR | CY2008 | 20080014871
The Report of Separation from the Armed Forces of the United States (DD Form 214) that he was furnished at the time of his retirement shows that he was awarded the Bronze Star Medal with "V" Device, the Korean Service Medal with one bronze service star, the United Nations Service Medal, and the Purple Heart. The applicant's records show that he is entitled to award of the Combat Infantryman Badge. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2008 | 20080014873
Army Regulation 600-8-22 states that the Korea Defense Service Medal 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. The applicant completed the Basic Airborne Course and was awarded the Parachutist Badge. As a result, the Board recommends denial of so much of the applicant's request to add the Parachutist Badge to his DD Form 214 and to correct his foreign service shown on his DD...
ARMY | BCMR | CY2008 | 20080014874
It states, in pertinent part, that the AGCM 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, it would be appropriate to award him the first award of the AGCM for his qualifying period of honorable active duty service from 11 August 1970 through 29 March 1972. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2008 | 20080014876
The applicant contends that his records should be corrected to show two Silver Star awards and the Combat Action Ribbon for his service in the Republic of Vietnam. Furthermore, if the applicant intended to request an award of the Combat Action Badge, this request too should be denied since this award was not authorized until 18 September 2001. 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...
ARMY | BCMR | CY2008 | 20080014878
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that his discharge characterized as under other than honorable conditions (UOTHC) be upgraded. There is no evidence in the applicant's records, and the applicant has provided none, to show that he applied for an upgrade of his discharge to the ADRB within its 15-year statute of limitations.
ARMY | BCMR | CY2008 | 20080014880
He contends that he was never awarded a CIB for his service in the RVN and that he meets the requirements for a second award in accordance with Army Regulation 600-8-22 (Military Awards), Section "D," subsequent awards (sic). 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 applicant...
ARMY | BCMR | CY2008 | 20080014882
IN THE CASE OF: BOARD DATE: 11 December 2008 DOCKET NUMBER: AR20080014882 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant's ERB, dated 1 November 2004, shows she was awarded two ARCOMs, three AAMs, two Army Good Conduct Medals, the National Defense Service Medal, the Kosovo Campaign Medal, the NPDR, the Army Service Ribbon, the NATO Medal, the GWOTSM, the GWOTEM, and the Driver/Mechanic Badge. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2008 | 20080014885
The applicant's military records show that he enlisted in the Regular Army, in pay grade E-1, on 23 April 1980, for 3 years. The applicant was discharged, in pay grade E-2, under the provisions of Army Regulation 635-200, chapter 14, paragraph 14-12c, for misconduct commission of a serious offense, with a general discharge, on 1 May 1987. However, it appears that the applicant's overall record was taken into consideration by the battalion commander and separation authority based on his...
ARMY | BCMR | CY2008 | 20080014886
The applicant provides a copy of his DD Form 214 (Report of Separation From The Armed Forces of The United States) and a copy of an unidentifiable newspaper clipping Korean War Vet Released by Army. COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. The applicants military records are not available to the Board for review, thus there is no way to determine whether he ever was...
ARMY | BCMR | CY2008 | 20080014887
However, there is no evidence and the applicant has not provided evidence that shows Joseph Guadalupe P_____ is listed as his name in his military records. 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 with the period ending 30 October 1968 to add the Meritorious Unit Commendation, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service...
ARMY | BCMR | CY2008 | 20080014889
In response to the applicant's request for SBP benefits, DFAS advised her that due to the Barring Statute, no annuity payment could be made to her because she did not apply for the annuity within 6 years of the FSM's death. The applicant contends that due to poor health at the time of her husband's death she moved to California and was unaware of her SBP entitlement until 2008 when she discovered the FSM's retired payment accounts on her return to Pennsylvania. Based on the above, it would...
ARMY | BCMR | CY2008 | 20080014890
Further review of the applicants records fails to show that the applicant was ever granted authorization to accept and wear the Italian Parachutist Badge. While the applicant misstated the actual name of the award in his request, his records show that he was authorized acceptance and wear of the German Armed Forces Parachutist Badge and this award was included on his DD Form 214 when he was discharged on 24 August 1993. However, there is no evidence in the available records, nor has he...
ARMY | BCMR | CY2008 | 20080014891
However, the MPRJ does contain a separation document (DD Form 214) that shows he was discharged on 8 June 1984, under the provisions of chapter 13, Army Regulation 635-200 with an under honorable conditions discharge. Chapter 13, Army Regulation 635-200 (Personnel Separations) applied to separation for unfitness and unsuitability. 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...
ARMY | BCMR | CY2008 | 20080014894
Application for correction of military records (with supporting documents provided, if any). The applicant's military service records show he was inducted into the Army of the United States and entered active duty on 19 November 1965. In addition, the applicants military service records show he was awarded the Vietnam Service Medal.
ARMY | BCMR | CY2008 | 20080014895
The applicant states he was wounded in Vietnam and was issued the Purple Heart, but it was never added to his DD Form 214. The applicant requests he be awarded the Combat Infantryman Badge, and that the Purple Heart and Combat Infantryman Badge be added to his DD Form 214. As a result, the Board recommends all Department of the Army records of the individual concerned be corrected by: a. awarding him the Combat Infantryman Badge; and b. adding the Purple Heart, Good Conduct Medal, Combat...