ARMY | BCMR | CY2008 | 20080015841
IN THE CASE OF: BOARD DATE: 02 December 2008 DOCKET NUMBER: AR20080015841 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued at the time shows he was discharged for the good of the service in lieu of trial by court-martial under the provisions of AR 635-200, chapter 10, with a characterization of service of under other than honorable conditions. Although an honorable or general discharge is authorized, a...
ARMY | BCMR | CY2008 | 20080015843
There are no orders for the Air Medal in the available records. In the absence of orders or other evidence of record showing that the applicant received the Air Medal, the emails provided by the applicant are not sufficient as a basis 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 Good Conduct Medal for the period 27 December 1965 through 6 November...
ARMY | BCMR | CY2008 | 20080015845
h. In a 4 October 2005 statement, retired LTC U____ states that he was the battalion commander at the time. Now retired COL H. M____ states that he was the company's awards officer and that the applicant was recommended for the DFC for Operation Halfback. While it is reasonable to conclude from the available evidence that the applicant was recommended for award of the DFC, there is no "conclusive evidence" of the loss of the recommendation or the failure to act on the recommendation...
ARMY | BCMR | CY2008 | 20080015847
The applicant states, in effect, the Army Board for Correction of Military Records (ABCMR), Docket Number AR20080000452, dated 17 July 2008, granted him partial relief by correcting his records to show his date of rank (DOR) for promotion to COL (O-6) as 17 February 2005; however, the Board denied amending the effective date of his promotion to 17 February 2005. a. Of particular note, the advisory opinion states that National Guard Regulation (NGR) 600-100 (Commissioned Officers - Federal...
ARMY | BCMR | CY2008 | 20080015850
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that his undesirable discharge, characterized as under other than honorable conditions (UOTHC), be changed to a general, under honorable conditions, discharge or an honorable discharge. The evidence of record clearly shows that it has been approximately 36 years or more since he received his undesirable discharge.
ARMY | BCMR | CY2008 | 20080015853
Table 2-1 (Composition of the OMPF) of Army Regulation 600-8-104 shows that promotion orders are filed in the service section of the OMPF. However, a review of the applicants OMPF revealed that the orders that promoted the applicant to SSG with an effective date of 1 December 2007 are not filed in the applicants OMPF. The evidence of record shows these orders were erroneously published as the applicant was promoted to SSG effective and with a DOR of 1 December 2007.
ARMY | BCMR | CY2008 | 20080015854
The applicant was given a separation code of "KFS" (voluntary discharge under the provisions of Army Regulation 635-200, chapter 10, discharge in lieu of trial by court-martial) and an RE code of "4." This regulation provides that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or reason for discharge. The evidence shows the applicant was discharged under the provisions of Army Regulation 635-200, chapter 10, in lieu of...
ARMY | BCMR | CY2008 | 20080015856
The orders specify that the applicant has an MSO through 17 December 2009 and that an Oath of Office for Reserve appointment would be executed at the time of his discharge. Army Regulation 600-8-24 (Officer Transfers and Discharges) states, in pertinent part, that an officer who requests resignation before completing the 8-year MSO must agree to accept an indefinite appointment the USAR to complete such service obligation. The orders clearly specify that he had an MSO through 17 December...
ARMY | BCMR | CY2008 | 20080015858
IN THE CASE OF: BOARD DATE: 6 January 2009 DOCKET NUMBER: AR20080015858 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). The applicant's military records show that he enlisted in the Regular Army on 25 August 1964, completed training, and was awarded military occupational specialty (MOS) 94B (Cook).
ARMY | BCMR | CY2008 | 20080015859
Application for correction of military records (with supporting documents provided, if any). Title 10, U.S. Code, section 1331(d) states that each Reserve components Soldier who completes the required service to be eligible for retired pay at age 60, is to be notified in writing within 1 year after he or she has completed that service. Army Regulation 140-30 (Active Duty in Support of the United States Army Reserve (USAR) and Active Guard Reserve (AGR) Management Program) Soldiers removed...
ARMY | BCMR | CY2008 | 20080015860
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his Reentry (RE) code RE-4 be changed to a code which would allow him to reenlist. 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 the reason for discharge.
ARMY | BCMR | CY2008 | 20080015862
IN THE CASE OF: BOARD DATE: 5 February 2009 DOCKET NUMBER: AR20080015862 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant provides a memorandum, subject: Notification and Acknowledgement of Army Medical Department (AMEDD) Professional Filler Deployment System (PDS) PROFIS; a Personnel Action and a Personnel Action Form Addendum; his orders for deployment in support of Operation Iraqi Freedom, dated 5 April 2007; a memorandum, subject: Administrative Removal from the Promotion...
ARMY | BCMR | CY2008 | 20080015864
IN THE CASE OF: BOARD DATE: 10 February 2009 DOCKET NUMBER: AR20080015864 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states that he does not consider his assigned RE-4 to be in error, but he would like it changed so that he can request a waiver to reenlist. Army Regulation 601-280 (Army Retention Program) states that the RE codes contained on military discharge documents determine whether or not one may reenlist in a military service at a later time.
ARMY | BCMR | CY2008 | 20080015865
The applicant's military records show that he enlisted in the USAR on 21 February 2001. This regulation also states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an...
ARMY | BCMR | CY2008 | 20080015867
IN THE CASE OF: BOARD DATE: 12 March 2009 DOCKET NUMBER: AR20080015867 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, reconsideration of his earlier petition that the Army Commendation Medal (ARCOM) he earned be added to the list of awards contained in Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his 31 October 1962 DD Form 214 (Armed Forces of the United States Report of Transfer or...
ARMY | BCMR | CY2008 | 20080015869
The applicant requests, in effect, that his undesirable discharge be upgraded to honorable. On 31 January 1974, the separation authority approved the applicants request for discharge and directed that he be furnished an undesirable discharge. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2008 | 20080015870
Application for correction of military records (with supporting documents provided, if any). There is no evidence of record to show that the applicant ever submitted a request to the Army Discharge Review Board (ADRB) for an upgrade of his discharge within that board's 15-year statute of limitations. 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 | 20080015872
The applicant states, in effect, that his Certificate of Release or Discharge from Active Duty (DD Form 214) clearly shows that his rank was [specialist four] pay grade E-4. The Record of Proceedings, with enclosures, dated 19 August 2008 show: a. that the applicant was promoted to private first class, pay grade E-3 on 1 February 1981; b. that he was barred to reenlistment on 19 January 1982; c. that he departed Fort Hood, Texas, en route to the Federal Republic of Germany on 23 February...
ARMY | BCMR | CY2008 | 20080015875
The applicant states that his unit's operation orders, mission statements, enemy activity, and friendly and enemy casualties, confirm that he participated in active ground combat operations. The applicant provides the following additional documentary evidence in support of his request: a. undated 3d Battalion, 8th Infantry, Operational Report-Lessons Learned, for the period 1 February 1969 to 15 July 1969; b. There are no orders in the applicant's military personnel records that show he...
ARMY | BCMR | CY2008 | 20080015876
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 4 August 1976, he requested discharge for the good of the service. Additionally, the applicant's contention that he was ordered by his first sergeant not to mention the sexual assault in his statement in support of his request for discharge was considered.
ARMY | BCMR | CY2008 | 20080015878
U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, in pertinent part, provided for award of the Purple Heart. There is no evidence in the applicants military personnel records that shows he was wounded or treated for wounds as a result of hostile action; his DA Form 20 does not show an entry in item 40 or list the Purple Heart in item 41; the applicant's name is not listed on The Adjutant General Office Casualty Division's Vietnam casualty roster; and there...
ARMY | BCMR | CY2008 | 20080015879
Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons. The regulation states the reason for discharge based on separation code "KFS" is "in lieu of trial by court-martial" and the regulatory authority is Army Regulation 635-200, chapter 10. Chapter 3 of...
ARMY | BCMR | CY2008 | 20080015881
The applicant requests, in effect, that his medical records be corrected to show that he contracted sinusitis during a simulated combat field training exercise. The service medical record pages submitted by the applicant document recurring sinusitis problems from July 1975 through March 1982. His final Vietnam tour ended in June 1972; therefore, his statement concerning lost personnel and medical records is irrelevant since his lost records occurred 3 years prior to the reported onset of...
ARMY | BCMR | CY2008 | 20080015882
IN THE CASE OF: BOARD DATE: 12 FEBRUARY 2009 DOCKET NUMBER: AR20080015882 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). Section IX (Survivor Benefit Plan Election) on her DD Form 2656 is blank.
ARMY | BCMR | CY2008 | 20080015887
Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. Therefore, in the absence of sufficient evidence to establish that he was wounded/injured as a result of enemy action and that treatment was made a matter of record, it must be presumed that what the Army did at the time was correct. The Board wants the...
ARMY | BCMR | CY2008 | 20080015888
IN THE CASE OF: BOARD DATE: 13 November 2008 DOCKET NUMBER: AR20080015888 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show a third award of the Meritorious Service Medal; and that item 14 (Military Education) on her DD Form 214 be corrected to show she completed the Emergency...
ARMY | BCMR | CY2008 | 20080015889
IN THE CASE OF: BOARD DATE: 11 December 2008 DOCKET NUMBER: AR20080015889 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that Special Court-Martial Order Number 202, dated 28 October 2005, be removed from the restricted section of his Official Military Personnel File (OMPF). A review of the restricted section of the applicants OMPF on the Personnel Electronic Records Management System revealed a copy of the court-martial order in question.
ARMY | BCMR | CY2008 | 20080015891
The applicant requests, in effect, that block 12a (Date Entered AD [Active Duty] This Period) of her 17 March 1989 DD Form 214 (Certificate of Release or Discharge from Active Duty) should read 13 March 1987, not 13 May 1987. The available evidence of record, which includes the applicant's DD Form 4, confirms she enlisted in the Regular Army on 13 May 1987. However, there is no evidence in her available record nor did the applicant provide any evidence that shows she was ever advanced to...
ARMY | BCMR | CY2008 | 20080015893
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. 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. The VA does not make any determination as to whether an injury was received as a result of hostile action.
ARMY | BCMR | CY2008 | 20080015894
Application for correction of military records (with supporting documents provided, if any). _______ _ 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. ABCMR Record of Proceedings (cont) AR20080015894 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080015894 2 ARMY BOARD FOR CORRECTION OF MILITARY...
ARMY | BCMR | CY2008 | 20080015905
IN THE CASE OF: BOARD DATE: 02 December 2008 DOCKET NUMBER: AR20080015905 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Headquarters, U.S. Army Armor Center and Fort Knox, Fort Knox, Kentucky, General Court-Martial Order Number 59, dated 13 March 2008, shows that the sentence to a bad conduct discharge, adjudged on 24 May 2007, has been finally affirmed and that the bad conduct discharge would be executed. When authorized, it is issued to a Soldier whose military record is satisfactory...
ARMY | BCMR | CY2008 | 20080015906
The applicant's Official Military Personnel File (OMPF) is void of any medical records or treatment records that indicate he was suffering from or being treated for any mentally or physically disqualifying conditions at the time of his separation processing. On 1 May 1981, the applicant was discharged accordingly. The UOTHC discharge the applicant received was normal and appropriate under the regulatory guidance, and his overall record of service clearly did not support the issue of a GD...
ARMY | BCMR | CY2008 | 20080015921
The Awards Branch of the U.S. Army Human Resources Command has advised, in similar cases during the Vietnam era that the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H. DISCUSSION AND CONCLUSIONS: Although the evidence of record shows the applicant held an infantry MOS and served in an infantry MOS while assigned to an infantry company in Vietnam, there are no orders for the Combat Infantryman Badge. Therefore, there...
ARMY | BCMR | CY2008 | 20080015927
The DD Form 214 that he was issued at the time of his release from active duty shows that he was awarded the Bronze Star Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (first award) for the period 11 June 1969 to 20...
ARMY | BCMR | CY2008 | 20080015930
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant provides: a. There is no evidence of the applicants physical disability processing in the available record.
ARMY | BCMR | CY2008 | 20080015935
The applicant requests that his record be corrected to show entitlement to an $8,000.00 HIGRAD bonus based on his successful completion of Officer Candidate School (OCS) and commissioning as an officer. In an advisory opinion, dated 20 April 2006, the Army G-1 Director of Military Personnel Management stated that due to the urgent need for OCS applicants, the Army implemented an enlistment bonus of $8,000.00 for OCS applicants as an extension of the current policy of paying an enlistment...
ARMY | BCMR | CY2008 | 20080015937
The applicant requests reconsideration of his previous request that the General Officer Memorandum of Reprimand (GOMOR), dated 24 March 2005, be transferred to the restricted portion of his Official Military Personnel File (OMPF). The applicant was informed by his Commanding General of his intent to file the GOMOR in his OMPF. There is no evidence in the available record nor has the applicant submitted any evidence that shows the GOMOR was improperly filed or that it has served its...
ARMY | BCMR | CY2008 | 20080015938
He contends that the doctor at the headquarters of the medical department activity at Fort Knox stated that he qualified for a separation due to physical disability. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. The applicant contends that his discharge should be changed to a medical discharge; however, there is no evidence of record to show he was ever found medically unfit to perform his duties.
ARMY | BCMR | CY2008 | 20080015939
The applicant requests, in effect, that his last name listed in item 1 (Last Name First Name Middle Name) on his DD Form 214 (Report of Separation from Active Duty) be corrected to read "S_______ery." However, there is no indication that the name as it is recorded in his enlistment record, enlisted qualification record, separation document, and all other official documents contained in his OMPF is in error. _________X_____________ CHAIRPERSON I certify that herein is recorded the true...
ARMY | BCMR | CY2008 | 20080015942
This is the first time an SSAN was used in the applicants military records. As such, it would now be appropriate to correct the applicants records to show his correct SSAN. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his SSAN on his DD Form 214 as 4**-**-****.
ARMY | BCMR | CY2008 | 20080015945
The applicant's record shows that he was inducted into the Army of the United States and entered active duty on 20 November 1969. The applicant's request for discharge under the provisions of chapter 10 of Army Regulation 635-200 (Personnel Separations) was approved by the appropriate authority on 14 April 1972. _______ _ 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 | 20080015946
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 EPSBD recommended that the applicant be separated from the Army under the provisions of Army Regulation 635-200, paragraph 5-11, for a condition noted within the first 180 days of active duty that existed prior to service and is not service aggravated. Therefore, there is no basis for granting the applicants...
ARMY | BCMR | CY2008 | 20080015947
The applicant requests, in effect, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his award of the Bronze Star Medal with third oak leaf cluster and the Air Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Form 214 the Vietnam Service Medal with two bronze service stars; b. adding to his DD Form 214 the Bronze Star Medal with third...
ARMY | BCMR | CY2008 | 20080015948
The applicant requests that he be paid $40,000 in Army College Fund (ACF) benefits as outlined in his enlistment contract. The applicants military records may be corrected to show his DA Form 3286-66 was amended to include the sentence, If ACF benefits in the amount of $40,000.00 (exclusive of MGIB benefits) were authorized by the official processing you for enlistment and the Government fails to pay the full amount under the appropriate provisions and such failure results in nonpayment...
ARMY | BCMR | CY2008 | 20080015950
On 16 September 2008, the Army Board for Correction of Military Records (ABCMR) rendered a favorable decision regarding his award of the Good Conduct Medal, but found insufficient evidence to award him the Expert Marksmanship Qualification Badge with Grenade Bar. He satisfactorily completed the requirements regarding the hand grenade as shown on his Individual Training Record (CONARC Form 578) and his DA Form 20 (Enlisted Qualification Record), but neither form shows the level of...
ARMY | BCMR | CY2008 | 20080015951
The applicant requests, in effect, correction to his DD Form 214 (Report of Separation from Active Duty) to show a disability. The applicant was honorably discharged from active duty, in pay grade E-3, on 25 October 1977, under the provisions of Army Regulation 635-200, paragraph 5-9 for failure to meet established physical standards (no disability). The evidence of record shows the applicant enlisted in the Army on 8 August 1977 and a medical condition was revealed on 6 October 1977 that...
ARMY | BCMR | CY2008 | 20080015953
The applicant provides his approved 2-year CSRB contract dated 1 October 2007, and a message, date/time group 082130Z Sep 06, Subject: Critical Skills Retention Bonus (CSRB) for Army Physician Assistant (PA) Officers in the Active Component (AC). Army Regulation 350-100 (Officer Active Duty Service Obligation) establishes guidance on ADSOs for officers, defines how service obligations will be computed and served, and establishes how officers will be notified of service obligations. The...
ARMY | BCMR | CY2008 | 20080015955
The applicant requests reconsideration of his earlier request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his military occupational specialty (MOS) of 63S1O (heavy wheel vehicle mechanic). Item 14 (Military Education) on his DD Form 214 shows the entry "NONE//NOTHING FOLLOWS." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 11 on his DD Form 214 to show...
ARMY | BCMR | CY2008 | 20080015969
His DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) states that if the cadet were disenrolled from the ROTC program for any reason, the Secretary of the Army could order the cadet to reimburse the United States the dollar amount plus interest that bears the same ratio to the total cost of the scholarship financial assistance provided by the United States to the cadet as the unserved portion of active duty bears to the total period of active duty the cadet agreed to serve or was...
ARMY | BCMR | CY2008 | 20080015973
The applicant's record contains Department of the Army (DA), United States Army Human Resources Command (AHRC) Order Number 156-004, dated 5 June 2007, which authorized and announced the applicant's promotion to first lieutenant (1LT), effective and with a date of rank of 1 May 2007. The evidence of record shows the applicant was under a FLAG for failure to pass the APFT on his original PED, which was 28 November 2006, and his promotion was held in abeyance for 6 months in accordance with...