ARMY | BCMR | CY2008 | 20080015535
The applicant states that he went to the Puerto Rico National Guard and requested a waiver to reenlist, but he was denied. The applicant provides character references; two memoranda, dated 13 April 2005 and 15 December 2005; his election of rights of separation under Army Regulation 635-200, chapter 14, paragraph 14-12(c); a Division Report, dated 28 October 1991; a Police Record Check; a personal statement in support of chapter 14 proceedings; his DD Form 4/1 and 4/2...
ARMY | BCMR | CY2008 | 20080015539
The applicant requests, in effect, correction of his records and the records of seven other former Soldiers (i.e., sergeants) to show proper recognition with appropriate awards and decorations. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. There is also no evidence of record, and the applicant provides insufficient evidence, to show he...
ARMY | BCMR | CY2008 | 20080015541
Application for correction of military records (with supporting documents provided, if any). This regulation also provides that there is no time limitation on requests for award of the Purple Heart. While the sincerity of the applicant's claim to entitlement to award of the Purple Heart is not questioned, there is no evidence in the available records and the applicant failed to provide any evidence which shows that he was wounded or injured as a result of hostile action, that he was...
ARMY | BCMR | CY2008 | 20080015544
Application for correction of military records (with supporting documents provided, if any). The applicant's Enlisted Qualification Record (DA Form 20) shows in item 29 (Foreign Service) that he served in Taiwan from 18 August 1959 through 18 February 1962 and in Korea from 27 October 1963 through 14 November 1964. On 20 February 1962, the applicant reenlisted for 3 years and continued to serve on active duty until 19 February 1965, at which time he was honorably discharged by reason of...
ARMY | BCMR | CY2008 | 20080015546
The applicant's military personnel record shows he enlisted in the Regular Army on 16 April 1997. On 3 May 2000, the approval authority approved the applicant's request and directed the applicant be discharged in lieu of trial by court-martial under the provisions of Army Regulation 635-200, Chapter 10, and his service be characterized as Under Other Than Honorable Conditions. On 4 February 2005, the ADRB reviewed the applicant's record and determined that his discharge was inequitable and...
ARMY | BCMR | CY2008 | 20080015547
The applicant states that the letters of commendation in his military records show that he should have been awarded the ARCOM. As such, these letters are insufficient to overcome the burden of proof required to award him the ARCOM. 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.
ARMY | BCMR | CY2008 | 20080015549
The applicant requests, in effect, that his beginning date in item 17c (Date of Entry) of his separation document (DD Form 214, Armed Forces of the United States Report of Transfer or Discharge) be corrected to show 8 June 1965 instead of 8 June 1967. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in item 17c of the applicant's DD Form 214 that his date of entry on active duty was 8 June 1965. ...
ARMY | BCMR | CY2008 | 20080015551
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that his date of birth (DOB) be corrected on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 May 1988 and his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 6 July 2000. As a result, it would be appropriate at this time to correct these documents to show the...
ARMY | BCMR | CY2008 | 20080015555
The applicant requests, in effect, that his records be corrected to show he is authorized the remaining $2,000.00 of his $9,000.00 cash bonus. The applicant's record contains a DA Form 3286-66 (Statement of Understanding - U.S. Army Incentive Enlistment Program), dated 22 January 2002, which shows in pertinent part, that the applicant enlisted for 4 years and for the U.S. Army Cash Bonus. The available evidence shows the applicant enlisted for two enlistment bonuses for a total bonus...
ARMY | BCMR | CY2008 | 20080015556
On 5 March 2008, the applicant submitted a request for reconsideration of his TSGLI claim for loss of ADLs for 60 days for dressing, bathing, and transferring. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. There is also no evidence in his service medical records to support his complete dependence for ADLs for 60 days or the minimum 30...
ARMY | BCMR | CY2008 | 20080015561
The applicant's DD Form 214 shows that he entered active duty on 27 July 1967. The available evidence clearly shows that the applicant's service number and social security number have been incorrectly entered on his DD Form 214 and should be corrected. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing in item 2 of his DD Form 214 his complete service number as shown on his induction orders; and b. showing in...
ARMY | BCMR | CY2008 | 20080015562
The applicant's military personnel records are absent orders or any other evidence that he was awarded a second award of the Bronze Star Medal. There is no evidence of record, and the applicant provides insufficient evidence, to show he was awarded a second award of the Bronze Star Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency,...
ARMY | BCMR | CY2008 | 20080015564
The applicant states, in effect, that he was on the promotion standing list for promotion to the pay grade of E-5 and desires to know if he was in fact promoted to the pay grade of E-5 before he was discharged. A review of the applicant's official records shows no evidence that the applicant was ever promoted to the pay grade of E-5 or that he ever made a Department of the Army announced cut-off score before he was REFRAD on 6 March 1972. The applicant has failed to show through the...
ARMY | BCMR | CY2008 | 20080015565
The applicant requests, in effect, that his undesirable discharge be upgraded to an honorable or general discharge. The applicant essentially states that not all records were signed, and requests a change to his discharge. At the time, an undesirable discharge was normally considered appropriate; however, if warranted, the discharge authority may direct an honorable or general discharge.
ARMY | BCMR | CY2008 | 20080015568
There are no orders in the applicants military service records showing award of the Purple Heart. The evidence of record shows that the applicant was wounded in action, on 13 May 1967, having sustained multiple fragment wounds to the right arm and right leg while on a combat operation in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Purple Heart for wounds received as a result...
ARMY | BCMR | CY2008 | 20080015572
On 4 April 2006, the Board denied the applicants request for correction of the FSMs records to show he changed his SBP election from spouse to former spouse within one year of their divorce. The Board further informed the applicant that should DFAS determine that the FSMs second spouse is not eligible for the FSMs SBP annuity, or the applicant can provide irrefutable evidence that the second spouse was not married to the FSM prior to 7 March 2005, she was encouraged to submit a request...
ARMY | BCMR | CY2008 | 20080015573
The applicant states, in effect, that he received a 20 percent disability rating for an injury to his knee while on active duty but should have been medically retired due to the effects of his injury. It states that he was found not qualified for service with a physical profile of 113111 and recommended that he appear before an MEB. The PEB stated that based on a review of the objective medical evidence of record, it found the applicant's medical and physical impairment prevented...
ARMY | BCMR | CY2008 | 20080015578
A separation code of "LBK" was used for Regular Army Soldiers eligible to reenlist who were released from active duty on completion of enlistment and transferred to the Reserve Component to complete a military service obligation. The SPD/RE Code Cross Reference Table shows that RE codes RE-1 and RE-3 were the applicable RE codes assigned for individually voluntarily REFRAD at the completion of enlistment and transferred to the Reserve Component to complete military service obligation. ...
ARMY | BCMR | CY2008 | 20080015579
The applicant requests reconsideration of an earlier request that his undesirable discharge be upgraded. The applicant provided a letter of support from a Veterans Affairs Officer which essentially states, in effect, the applicant's discharge should be upgraded based on his honorable service during the Vietnam conflict and the hardships his family was experiencing at the time. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
ARMY | BCMR | CY2008 | 20080015580
The applicant requests, in effect, reconsideration of his request to change his Reenlistment (RE) Code to a "1" and to remove the statement from his Personnel Qualification Record (DA Form 2-1) indicating that he was "Not Recommended for Further Service," and that he be provided the documents that indicate that he was aware of the actions mentioned in the previous Record of Proceedings. He also states that the Board stated that several actions were taken by commanders to bar him from...
ARMY | BCMR | CY2008 | 20080015582
The applicant states that Item 12 (Record of Service) of his DD Form 214 does not show his foreign service. On 12 March 2004, he was ordered to active duty. A DD Form 2900, dated 18 December 2006, shows the applicant served in Iraq from 26 September 2005 through 7 September 2006, a period of 11 months and 12 days.
ARMY | BCMR | CY2008 | 20080015584
Upon his release, he was discharged from the Army with an undesirable discharge. At the time, an undesirable discharge was normally considered appropriate. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2008 | 20080015585
The applicant requests, in effect, reconsideration of his earlier petition that the Army Serial Number (ASN) listed on the separation document (WD AGO Form 53-98, Military Record and Report of Separation Certificate of Service) of his deceased father, a former service member (FSM), be corrected. A Certification of Military Service verifying the FSM's active duty service from 14 May 1945 through 3 May 1946, which was issued on 16 December 1981, lists his ASN using the number 2 as the eighth...
ARMY | BCMR | CY2008 | 20080015586
The applicant provides in support of his application, a copy of a letter addressed to him dated 25 March 2008, from the Director, Army Board for Correction of Military Records, notifying him of the decision made on his previous application; a copy of a Medical and Dental Appointment Receipt (DA Form 3982); Health Records-Chronological Records of Medical Care dated 5 June, 6 June, 7 June, 14 June, and 15 June 2006; a Developmental Counseling Form dated 19 June 2008; Orders 341-050 dated 7...
ARMY | BCMR | CY2008 | 20080015596
She begins by stating that he paid the SBP premiums for 10 years until their divorce and that at the time of their divorce, their lawyers and she agreed that her pension rights would cease upon the FSM's death if he provided a $50,000 life insurance policy for her. The fact that the FSM paid SBP premiums for 10 years also does not constitute an error or injustice because he was paying for coverage on a monthly basis. While it is indeed unfortunate that the applicant gave up her right to...
ARMY | BCMR | CY2008 | 20080015597
The DVA, which has neither the authority, nor the responsibility for determining physical fitness for military service, awards disability ratings to veterans for conditions that it determines were incurred during military service and subsequently affect the individuals civilian employability. The governing regulation shows the Army rates only conditions determined to be physically unfitting that were incurred or aggravated during the period of service. The evidence of record shows that...
ARMY | BCMR | CY2008 | 20080015598
The applicant did not provide any evidence which shows that any of the conditions for which the VA awarded him disability compensation affected his ability to perform his military duties. The SPD/RE Code Cross Reference Table shows that an RE code of 3 is the applicable RE code assigned for individuals involuntarily discharged at the completion of required active service. While it is clear that the applicant was retained beyond his ETS in order to receive medical care, there is no evidence...
ARMY | BCMR | CY2008 | 20080015599
IN THE CASE OF: BOARD DATE: 10 February 2009 DOCKET NUMBER: AR20080015599 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.
ARMY | BCMR | CY2008 | 20080015600
The applicant's PTSD was discussed on his DD Form 2807-1 (Report of Medical History) and DD Form 2808 (Report of Medical Examination), but it was found to meet retention standards, was not a condition that he stated affected his performance of duty, did not require any current medications, was not listed on his physical profile as a limiting condition, and was not listed on his 9 August 2004 commander's performance statement as a limiting factor regarding his ability to perform his military...
ARMY | BCMR | CY2008 | 20080015602
The new evidence provided by the applicant will be considered by the Board. However, since the regulation in effect at the time provided that all training courses would be entered in item 28 of the DD Form 214, the applicant's certificate of training which shows he completed the 2-week Leaders Preparation Course is accepted as sufficient evidence on which to amend item 28 of his DD Form 214 to show this course. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2008 | 20080015603
The applicant provides a copy a Mental Status Evaluation; a Patient Referral form; a letter from a Clinical Social Worker; a physician's statement, a Memorandum from a Mental Healthcare Provider; an extract of Department of Defense Directive 6490.1, dated 1 October 1997; a letter from Orthopedic Surgery Sports Medicine; a diagnosis of Rheumatoid Arthritis; two DA Forms 3349 (Physical Profile); an extract of Army Regulation 40-501 (Standards of Medical Fitness); two DA Forms 31 (Request and...
ARMY | BCMR | CY2008 | 20080015604
The applicant requests, in effect, that his military records be corrected to show the award of the Bronze Star Medal and the Army Commendation Medal. The applicant essentially states that he was awarded the Bronze Star Medal on 22 October 1968 and the Army Commendation Medal on 11 September 1968, but that these awards do not appear on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). However, absent orders which officially awarded him these medals, there...
ARMY | BCMR | CY2008 | 20080015606
The applicant states, in effect, that his promotion packet was considered by the 2008 Major Army Promotion List (APL) Board, however, he was not selected for promotion due to lack of an education waiver. The memorandum, further alerted the applicant to the mandatory education requirements for promotion as specified in Army Regulation (AR) 135-155 (Promotion of Commissioned Officers and warrant Officers Other than General Officers) and that if he had completed the education requirements not...
ARMY | BCMR | CY2008 | 20080015609
The applicant requests her 17 November 2006 General Officer Memorandum of Reprimand (GOMOR) be transferred from the "Performance" to the "Restricted" portion of her Official Military Personnel File (OMPF). On 19 April 2007, after reviewing the GOMOR, supporting evidence, and the rebuttal, the Deputy Commanding General directed the GOMOR be permanently filed on the "Performance" section of the applicant's OMPF. After considering the supporting documentation and the applicant's rebuttal, the...
ARMY | BCMR | CY2008 | 20080015612
The applicant requests, in effect, that his discharge from the Virginia Army National Guard (VAARNG) by reason of medically unfit for retention be changed to a physical disability retirement. The applicant states he was discharged from the VAARNG as medically unfit for retention based on conditions he incurred while on active duty in Iraq. AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation), establishes the Army physical disability evaluation system and sets forth...
ARMY | BCMR | CY2008 | 20080015615
The applicant requests correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment. On 24 August 2004, the applicant was notified that charges were pending against him, and on 26 August 2004, after consulting with counsel, he submitted a request for discharge under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 10, for the good of the service in lieu of trial by court-martial. Pertinent Army regulations...
ARMY | BCMR | CY2008 | 20080015617
The applicant requests, in effect, that he be issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period April 1989 through March 1990. He contends that his DD Form 214 was stolen and that his military records show no record of the DD Form 214. However, it would be appropriate to issue the applicant a Transcript of Military Record (DA Form 1569) to show he served in the Regular Army from 12 April 1989 through 28 February 1990.
ARMY | BCMR | CY2008 | 20080015619
IN THE CASE OF: BOARD DATE: 27 January 2009 DOCKET NUMBER: AR20080015619 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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 AR20080005023 on 19 June 2008. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the...
ARMY | BCMR | CY2008 | 20080015620
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his date of birth (DOB) be corrected from "56/08/09" (9 August 1956) to "56/09/08" (8 September 1956) on his separation document, DD Form 214, for the period ending on 21 December 1974. _______ _ 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 | 20080015621
IN THE CASE OF: BOARD DATE: 23 DECEMBER 2008 DOCKET NUMBER: AR20080015621 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. In his statement, the applicant indicates, in effect, that he was not treated fairly from the very first day of assignment to his unit.
ARMY | BCMR | CY2008 | 20080015623
The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) for the period ending 27 September 1965 to show combat medals, the Vietnam Service Medal, and all awards and decorations to which he may be entitled. This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2008 | 20080015624
Item 18 (Appointments and Reductions) of the applicants DA Form 2-1 (Personnel Qualification Record), dated 18 October 1974 (prepared), shows the applicants promotions and reductions. The active duty grade or rank and pay grade at the time of separation is entered in Item 6a and the effective date of promotion to the current pay grade (from the most recent promotion or reduction order) is entered in Item 6b. There is no evidence in the available records and the applicant did not provide...
ARMY | BCMR | CY2008 | 20080015625
Further, he asks the Army Board for Correction of Military Records (ABCMR) to review his records, and that it will be seen that the evidence in his case supports a conclusion that his characterization of service was too harsh and, as a result, is unjust. Paragraph 1-22 of Army Regulation 600-8-24 provides, in pertinent part, that an officer will normally receive an honorable characterization of service when the quality of the officers service has met the standards of acceptable conduct and...
ARMY | BCMR | CY2008 | 20080015628
Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. The applicant served with signal units in a non-infantry MOS during his service in Vietnam and was clearly not awarded the Combat Infantryman Badge, even though his DD Forms 214 reflect that he was. While the applicant requested that the Republic of Vietnam Gallantry Cross with Palm Unit...
ARMY | BCMR | CY2008 | 20080015630
The applicants induction record, dated 6 June 1968, and his DD Form 398 (Statement of Personal History), dated 13 June 1968, show the second digit of his SSN is 6 and the third digit is 5. These records also show he was born on 12 March 1944. Evidence of record shows the applicants second digit of his SSN is 6 and the third digit is 5. Therefore, it would be appropriate to correct item 3 on his DD Form 214. The evidence of record shows the applicant was born on 12 March 1944.
ARMY | BCMR | CY2008 | 20080015631
The applicant requests correction of Item 15 (Date Entered Active Duty This Period) of his DD Form 214 (Report of Separation from Active Duty) to show his date of entry as 23 April 1975 instead of 16 May 1975. The DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. The evidence of record shows that the applicant enlisted in the USAR under the DEP on 23 April 1975; however, his period of time in the DEP was not active...
ARMY | BCMR | CY2008 | 20080015635
The applicant states that the DD Form 214 provided to him at the time of his retirement does not list the Legion of Merit. Therefore, his DD Form 214 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 adding the Legion of Merit and four bronze service stars for wear on his already-awarded Vietnam Service Medal on his DD Form 214.
ARMY | BCMR | CY2008 | 20080015639
The applicant requests, in effect, recognition of his past accomplishments as an Army officer through the awarding of appropriate decorations, campaign and service medals, service ribbons, badges and tabs. Although he was awarded other decorations, and authorized other campaign and service medals, he never received them. This document shows the unit to which the applicant was assigned was cited for award of the Meritorious Unit Commendation for the period 1 January 1967 to 30 November...
ARMY | BCMR | CY2008 | 20080015641
The applicant requests correction of his military records to award him the Purple Heart for injuries sustained while serving in the Republic of Vietnam. When he discharged his rifle it blew up in his hands. The evidence provided by the applicant shows that he had an injury to the knuckles of his right hand; however, it does not substantiate that this injury occurred as a direct result of enemy action.
ARMY | BCMR | CY2008 | 20080015642
IN THE CASE OF: BOARD DATE: 21 January 2009 DOCKET NUMBER: AR20080015642 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...