ARMY | BCMR | CY2008 | 20080015414
The commander stated he was recommending the applicants service be characterized as under honorable conditions. The commander advised the applicant that the decision as to whether he would be separated, whether he was to be discharged or transferred to the Individual Ready Reserve (IRR), and the characterization of his service rested with the discharge authority. Army Regulation 635-200, then in effect, set forth the basic authority for the separation of enlisted personnel.
ARMY | BCMR | CY2008 | 20080015417
A letter, dated 13 August 2008, from a Member of Congress states, in pertinent part, that the applicant reported the first time he was wounded he received shrapnel in his left leg and punctured ear drums at Normandy and the second time he was wounded in the right leg at Belgium. The applicants military records are not available to the Board for review. There is no evidence of record and the applicant has not provided any corroborating evidence which shows that he was wounded a second time...
ARMY | BCMR | CY2008 | 20080015423
At the time of the FSM's retirement he elected spouse only coverage under the SBP. Title 10, U.S. Code, section 1450(f)(3)(A) permits a former spouse to make a written request that an SBP election of former spouse coverage be deemed to have been made when the former spouse is awarded the SBP annuity incident to a proceeding of divorce. Although there is no evidence to show that either the FSM or the applicant requested that his SBP coverage be changed to former spouse coverage within the...
ARMY | BCMR | CY2008 | 20080015424
The applicant requests that the date of birth (DOB) listed on his separation document (DD Form 214) be corrected from 18 to 17 June 1948. All military documents contained in the applicant's military records which reflect a DOB show 17 June 1948, with the exception of his DD Form 214. __________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 | 20080015425
The applicant requests, in effect, that reconsideration be given to correcting his military records to show the award of the Purple Heart and to award him the Combat Infantryman Badge. There is no evidence in the available records which show that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. The applicant contends that reconsideration should be given to correcting his military records to show the award of the Purple Heart and to award...
ARMY | BCMR | CY2008 | 20080015427
Application for correction of military records (with supporting documents provided, if any). His DD Forms 214, with effective dates of 17 June 1950 and 29 June 1958, do not contain entries for an SSN. The applicant's DA Form 24 (Service Record) is not in the applicant's OMPF.
ARMY | BCMR | CY2008 | 20080015428
There are no orders in the applicants service personnel records that show he was awarded the Purple Heart or the Combat Infantryman Badge. The evidence of record shows he completed training, was awarded, and served in MOS 31B throughout his military service and during his service in Vietnam. There is no evidence he was awarded and/or served in an infantry MOS during his period in Vietnam or military service.
ARMY | BCMR | CY2008 | 20080015429
The applicant essentially states that item 12d (Total Prior Active Service) of his DD Form 214 does not reflect his active duty service from 1990 to 1992 or from 2003 to 2004. The applicant's military records show that he served on active duty in the Regular Army from 6 February 1985 to 21 November 1990, then was honorably released from active duty and transferred to the United States Army Reserve (USAR). As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2008 | 20080015431
IN THE CASE OF: BOARD DATE: 19 FEBRUARY 2009 DOCKET NUMBER: AR20080015431 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. During the investigation sworn statements were obtained from the applicant's wife and additional witnesses all attesting to the fact that the applicant assaulted his wife, destroyed property during the assault, and cut his own wrist. In a notarized statement, dated 21 August 2008, that was submitted in support of his application, the applicant's wife states that the...
ARMY | BCMR | CY2008 | 20080015433
This form further confirms that he completed a total of 8 months and 11 days of creditable active military service. A discharge under other than honorable conditions was normally appropriate for a Soldier discharged under this chapter. In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.
ARMY | BCMR | CY2008 | 20080015435
The applicant requests, in effect, correction of his records to show that he was placed on the Temporary Disability Retired List (TDRL) in the rank of captain (O-3). The applicant provides in support of his application a copy of a statement, dated 10 February 2009, amending his DD Form 149 (Application for Correction of Military Records); a copy of a letter from a general officer, dated 7 March 2002, congratulating him on his promotion to captain; a copy of a letter from a colonel, dated 7...
ARMY | BCMR | CY2008 | 20080015438
A letter from DFAS, dated 11 March 2008, informed the FSM that his request for spouse coverage under SBP for his newly married spouse could not be implemented because he had not elected coverage within 1 year of their marriage date. The FSM's Retiree Account Statement, with an effective date of 7 April 2008, does not show any SBP premiums being deducted from the FSM's retired pay. They would have received at least one Retiree Account Statement within one year of their marriage and the FSM...
ARMY | BCMR | CY2008 | 20080015440
The letter states in pertinent part that a [Service] member may be reimbursed for storing one POV at a commercial storage facility. It further states that a member who stores a POV at a non-commercial storage facility must not be reimbursed for the costs associated with the POV storage or transportation to/from a non-commercial storage facility. _______ _ X _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...
ARMY | BCMR | CY2008 | 20080015443
The applicant requests correction of his records to show award of the Army Achievement Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Army Achievement Medal on his DD Form 214. XXX _________________________ 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 | 20080015444
The applicant requests, in effect, that his record and separation document (DD Form 214) be corrected to show award of the Combat Medical Badge (CMB), Army Good Conduct Medal (AGCM), and other earned awards not included in Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214. This source confirms that during his tenure of assignment, the applicants unit (Medical Company, 7th Infantry Regiment) received the following...
ARMY | BCMR | CY2008 | 20080015446
However, the applicants signature is distinctly different from other documents she signed which are contained in the FSMs military records (for example, an Army Emergency Relief Fund document). While the Boards staff does not employ a handwriting analyst, it is apparent by the similarity of the writing in the applicants and the FSMs signature on the SBP termination forms, the difference in the applicants signature on the SBP termination form to other documents she signed in the FSMs...
ARMY | BCMR | CY2008 | 20080015447
On 7 January 2000, the applicant was counseled regarding his failure to be prepared to take an Army training test. On 10 January 2000, the applicants commander recommended that he be separated from the service under the provisions of Army Regulation 635-200, chapter 11, for entry-level status performance and conduct. There is no available evidence of record showing that the applicant was injured while on active duty or that any such injury was the proximate cause of his inability to pass...
ARMY | BCMR | CY2008 | 20080015448
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. On 22 April 2008, the Human Resources Command (HRC) Military Awards Board stated that the fact that the applicant was prescribed pain medication is not, in itself, qualifying treatment in regards to award of the Purple Heart. While the...
ARMY | BCMR | CY2008 | 20080015449
The applicant's military personnel record shows he initially enlisted in the Regular Army on 14 June 1988 for a period of 4 years. The applicant's commander recommended him for discharge under the provisions of paragraph 14-12b and c of chapter 14 of Army Regulation 635-200 by reason of his use of cocaine and uttering worthless checks and that his service be characterized as under honorable conditions. The issuance of a discharge under other than honorable conditions is normally considered...
ARMY | BCMR | CY2008 | 20080015450
The applicant states, in effect, that his non-selection for promotion from captain (CPT) to MAJ was based on him not having a bachelors degree, which was unjust given the governing law provided an exception to the civilian education requirement for promotion to MAJ for members who were promoted to CPT before 1 October 1995. Section III of Army regulation 135-155 states that officers' records may be placed before a special selection board (SSB) when it is determined that their records were...
ARMY | BCMR | CY2008 | 20080015452
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his under other than honorable conditions discharge be upgraded to honorable. On 30 October 1998, the applicant enlisted in the Regular Army and served honorably until 15 August 2001 when he was discharged to accept a commission.
ARMY | BCMR | CY2008 | 20080015453
The applicant states that upon his return to the United States, he was assigned to Fort Benning, Georgia, where he continued to experience active symptoms of paranoia and depression which caused him to be AWOL again. The examiner noted that the applicant had served in Korea as a rifleman for 9 months prior to receiving treatment for about 7 days for combat exhaustion. There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its...
ARMY | BCMR | CY2008 | 20080015454
Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070010091, on 6 December 2007. The supporting documents submitted by the applicant are new evidence that requires Board reconsideration of the case. The supporting documents submitted by the applicant consist of the following: a. one Vietnam veteran writes that upgrading the...
ARMY | BCMR | CY2008 | 20080015456
The applicant contends that his DD Form 214 should be corrected to add his marksmanship badges and a "Border Certificate." There is no available evidence showing that the applicant was authorized or awarded a "Border Certificate." ________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 | 20080015457
He also states, in effect, that the medical records from the DVA Medical Center in Albuquerque, New Mexico discuss the shrapnel and gun shot wounds that he received. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070013941, on 15 April 2008. While the applicant's compensation and pension examination in January 2008 described...
ARMY | BCMR | CY2008 | 20080015458
Application for correction of military records (with supporting documents provided, if any). The evidence of record shows that the applicant completed a qualifying period of service in Korea for award of the Korea Defense Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Korea Defense Service Medal and the Kuwait Liberation Medal-K to the list of awards contained on his DD Form 214, and by...
ARMY | BCMR | CY2008 | 20080015460
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his dishonorable discharge be upgraded to a general discharge under honorable conditions. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.
ARMY | BCMR | CY2008 | 20080015461
On 30 April 1987, the separation authority approved the waiver of the rehabilitative requirements and the applicants discharge, under the provisions of chapter 14 of AR 635-200, by reason of misconduct, and directed the applicant be furnished a General Discharge Certificate. Accordingly, the applicant was discharged on 12 May 1987. The evidence of record shows that the applicants discharge was appropriate because the quality of his service was not consistent with Army standards of...
ARMY | BCMR | CY2008 | 20080015465
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 a discharge under other honorable conditions. On 21 August 1973, 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...
ARMY | BCMR | CY2008 | 20080015476
IN THE CASE OF: BOARD DATE: 8 January 2009 DOCKET NUMBER: AR20080015476 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he was separated in the rank of captain and to include his award of the Army Commendation Medal and a second Army Achievement Medal. Army Regulation 635-5 (Separation Documents) states that the rank and pay grade at time of separation from active duty is...
ARMY | BCMR | CY2008 | 20080015477
(Record of Service - Foreign and/or Sea Service this Period), Item 19 (Indochina or Korea Service Since August 5, 1964), and Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of his DD Form 214 (Report of Separation from Active Duty), be corrected. to shows the applicant served 0 years, 6 months, and 19 days in Vietnam; b. correct Item 19 to show the applicant did perform service in Vietnam on or after 5 August 1964; c. correct Item...
ARMY | BCMR | CY2008 | 20080015486
The applicant requests that his bad conduct discharge be upgraded to an honorable discharge. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. The applicant's military record shows he enlisted in the Regular Army on 20 October 1981 for 4 years.
ARMY | BCMR | CY2008 | 20080015487
The applicant provides his DD Form 214, General Orders Number 34 dated 3 August 1966 which awards Company A, 502nd Aviation Battalion the Valorous Unit Award (VUA), a letter of commendation, and a letter from the National Personnel Records Center (NPRC) which shows three awards not listed on the applicant's DD Form 214 (the Bronze Star Medal or BSM, the Good Conduct Medal or GCM, and the Armed Forces Expeditionary Medal (AFEM)). The applicant's military records contain General Orders Number...
ARMY | BCMR | CY2008 | 20080015488
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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Vietnam Service Medal with two bronze stars from the individual's DD Form 214 issued on 4 March 1971; b. awarding him the Army Good Conduct Medal for the period from 5 March...
ARMY | BCMR | CY2008 | 20080015489
The applicant states, in effect, that he served in Vietnam during the period 1963/1964 and that he would like to correct his DD Form 214 to show all the awards he earned while on active duty. The applicant served a period of qualifying service for award of the Republic of Vietnam Campaign Medal with Device (1960) and the National Defense Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Armed...
ARMY | BCMR | CY2008 | 20080015495
CONSIDERATION OF EVIDENCE: 1. The available evidence shows the applicant was ordered to active duty in support of Operation Enduring Freedom on 7 February 2003 for a period of 493 days. The evidence of record clearly shows that the applicant did in fact serve on active duty from 7 February 2003 through 14 May 2004.
ARMY | BCMR | CY2008 | 20080015496
On 16 July 1970, the applicant enlisted at 17 years of age in the Regular Army for 3 years. On 20 July 1973, the applicant, now 20 years of age, reenlisted in the Regular Army for 4 years beginning in the rank of sergeant, pay grade E-5, as an armor crewman. The applicant requested a personal appearance before the Board; however, since there is sufficient evidence on the record to fully consider this case, a formal hearing is not warranted.
ARMY | BCMR | CY2008 | 20080015498
Application for correction of military records (with supporting documents provided, if any). The applicant provides his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), a two-page undated self-authored letter, a certificate showing that he was awarded the Bronze Star Medal, an undated request to the Army Reserve Personnel Center in which he requested any and all medals and awards that he is entitled to, and a letter, dated 18 November 2008, from the...
ARMY | BCMR | CY2008 | 20080015502
The applicant requests, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show a second award of the Bronze Star Medal (based on award of the Combat Infantryman Badge), an arrowhead to be affixed to the European-African-Middle Eastern Campaign Medal, and two awards of the Meritorious Unit Commendation. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious...
ARMY | BCMR | CY2008 | 20080015503
The applicant requests correction of his 16 December 1971 (1 November 1969 edition) AGPZ Form (Data for Retired Pay) to show in Item 29 (Physical Disability Information Pertinent to the Dual Compensation Act of 1964) that he was retired for disability caused by an instrumentality of war and incurred in line of duty during a period of war. In effect, the applicant seeks to qualify for Combat-Related Special Compensation (CRSC). Following the 18 October 1971 PEB, a new AGPZ Form 977, dated...
ARMY | BCMR | CY2008 | 20080015507
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that his records be corrected to show the award of the Purple Heart. _________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 | 20080015512
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Bronze Star Medal, Air Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, Marksman Marksmanship Qualification Badge with (M-14) Rifle Bar, and 2 Overseas Service Bars. Therefore, it would be appropriate to correct his records to...
ARMY | BCMR | CY2008 | 20080015522
The applicant requests that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her foreign service in Iraq. The applicant states, in effect, she deployed with members of her unit, Company E, 3rd Battalion, 227th Aviation Regiment, to Iraq during the period 2 February 2007 through 25 June 2007; however, her DD Form 214 does not reflect this. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2008 | 20080015523
The applicant, in two applications, essentially requests that his undesirable discharge be upgraded to an honorable discharge. He also states that he then received no pay for 8 months when he went to Germany because they lost his records. Although the applicant enlisted into the Regular Army on 7 August 1969 for an MOS-producing school, there is no evidence in the applicant's military records, and the applicant failed to provide any evidence which shows that he submitted an application for...
ARMY | BCMR | CY2008 | 20080015524
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his military records be corrected to show his first name as S______ instead of J_____. _______ _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 | 20080015525
The applicant requests, in effect, that his record be corrected to show he was awarded the Bronze Star Medal with V (for Valor) Device and the Combat Infantryman Badge. This document further shows that he was awarded the Good Conduct Medal, the National Defense Service Medal, the Korean Service Medal with One Bronze Service Star, and the United Nations Service Medal. While the available records show that the applicant was an infantryman and served in Korea with the 45th Reconnaissance...
ARMY | BCMR | CY2008 | 20080015527
The applicant requests that the Survivor Benefit Plan (SBP) election of her ex-spouse, a former service member (FSM), be corrected to show he changed his election to former spouse coverage. The FSM retired on 30 June 1998 and elected SBP spouse coverage. There is no evidence of record that shows the applicant submitted a written request for a deemed election for former spouse coverage, and it appears the FSM did not change his election to former spouse coverage.
ARMY | BCMR | CY2008 | 20080015530
The applicant states that his DD Form 214 reflects 13 years and 9 months of AD service instead of his correct and full service of 20 years and 3 months of AD service. 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. Therefore, the Board determined that the overall merits of this case are...
ARMY | BCMR | CY2008 | 20080015532
The applicant states that when he separated from the Regular Army in June 2005, he was a promotable first lieutenant who had been selected for promotion to the rank of captain with a sequence number of "3." The applicant provides a partial copy of the Fiscal Year (FY) 2005 Captain Army Competitive Category Promotion Selection List; a memorandum from the National Guard Bureau regarding the promotion process for Department of the Army Select Officers; his automated personnel qualification...
ARMY | BCMR | CY2008 | 20080015533
Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 26 of his 1 September 1966 DD Form 214 by adding the Korea Defense Service Medal and by providing him a correction to his separation document that includes this change. ___________x______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the...