ARMY | BCMR | CY2008 | 20080016214
The applicant requests, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Armed Forces Service Medal (AFSM). Therefore, there is sufficient evidence on which to base correction of her DD Form 214 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 Armed Forces Service Medal to her DD Form 214 and providing her a document to show...
ARMY | BCMR | CY2008 | 20080016215
The applicant requests that his discharge under other than honorable conditions be upgraded to a more favorable discharge. 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 (Personnel Separations), chapter 10, in lieu of trial by court-martial. The appropriate authority approved his request for discharge on 8 February 1993 and directed that he be discharged under other than...
ARMY | BCMR | CY2008 | 20080016217
The appropriate authority approved the applicant's request for discharge for the good of the service and directed that he be reduced to private/pay grade E-1 and that he be issued a discharge under other than honorable conditions. On 4 January 1983, the applicant was discharged under the provisions of Chapter 10 of Army Regulation 635-200 (Personnel Separations), for the good of the service. Army Regulation 635-200 provides that a general discharge is a separation from the Army under...
ARMY | BCMR | CY2008 | 20080016218
The applicant states that the evidence considered by the court-martial was insufficient and inconclusive. On 28 December 1984, the United States Army Court of Military Review affirmed the court-martial's finding of guilty and sentence. The applicant states that the evidence considered by the court-martial was insufficient and inconclusive; that at the time of his trial, a scapegoat was needed and he just happened to be available.
ARMY | BCMR | CY2008 | 20080016219
In February 1980, the applicant's commanding officer advised him that he was being considered for elimination from the service for misconduct under the provisions of paragraph 14-33 (Misconduct frequent incidents of a discreditable nature with civil or military authorities), Army Regulation 635-200 (Enlisted Personnel). On 13 February 1980, the applicant acknowledged that he had been advised by his consulting counsel of the basis for the contemplated action to accomplish his separation...
ARMY | BCMR | CY2008 | 20080016220
The applicants military personnel records contain a DD Form 293 (Application for Review of Discharge or Separation from the Armed Forces of the United States), dated 7 December 1981, that shows he requested upgrade of his under other than honorable conditions discharge to an honorable discharge and a change to his reenlistment code. The evidence of record shows that the applicant initially served on active duty in the AUS from 9 June 1969 through 3 November 1969 and that this period of...
ARMY | BCMR | CY2008 | 20080016222
The applicant requests, in effect, upgrade of his general discharge to an honorable discharge. On 22 May 1970, a board of officers was convened and it was determined that the applicant should be discharged from the Army under the provisions of Paragraph 33, Army Regulation 635-206 (Personnel Separations), due to conviction by civil court and furnished a General Discharge Certificate. Army Regulation 635-206, in effect at the time, set forth the basic authority for the separation of...
ARMY | BCMR | CY2008 | 20080016223
The applicant requests, in effect, correction of his records to show his active duty service from 1958 through 1970. 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. _______ _ 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 | 20080016225
The applicant requests, in effect, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was separated in pay grade E-5 vice pay grade E-4 (specialist 4 (SP4)). The applicant's record shows no evidence he was promoted to pay grade E-5 while he was serving on active duty. However, the evidence of record shows the applicant was promoted to pay grade E-4 on 15 April 1969 while serving on active duty.
ARMY | BCMR | CY2008 | 20080016229
This site shows that the 29th Military Intelligence Battalion participated in Operation Just Cause. DISCUSSION AND CONCLUSIONS: The evidence of record confirms the applicant completed 4 years service in Panama from 26 May 1986 to 24 May 1990 and that during his assignment his unit participated in Operation Just Cause. Accordingly, the applicant served in an area or participated in an operation during a qualifying period that would support award of the AFEM.
ARMY | BCMR | CY2008 | 20080016230
Documentary evidence showing the reason for his early return from Vietnam is not available in his service personnel record. All documentary evidence pertinent to review of the applicant's court-martial and bad conduct discharge is not available in his service personnel record; however, OSA Form 172 (Army Council of Review Boards - Case Report & Directive), Part IV (Pre-Hearing Review), in paragraph 2, shows that the U.S. Army Court of Military Review affirmed the findings of guilty and...
ARMY | BCMR | CY2008 | 20080016234
On 10 April 1971, the applicants immediate commander notified the applicant of his intent to initiate separation action against him in accordance with paragraph 6-a(1) of Army Regulation 635-212 (Personnel Separations) for unfitness with an Undesirable Discharge Certificate. On 23 April 1971, the separation authority waived the requirement for a rehabilitative transfer and approved the applicant's discharge for unfitness under the provisions of Army Regulation 635-212 and directed that he...
ARMY | BCMR | CY2008 | 20080016236
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 two primary contentions are that he was young and immature when he enlisted, and that he continued to go AWOL because he was the object of unwanted sexual attention in the stockade. Also, while the applicant may have been 17...
ARMY | BCMR | CY2008 | 20080016237
The applicant was discharged on 2 August 1968, in pay grade E-1, under the provisions of Army Regulation 635-212, with a character of service of under conditions other than honorable and he was issued an Undesirable Discharge Certificate. On 22 March 1982, the Army Discharge Review Board denied the applicant's petition for an upgrade of his discharge. The applicant has provided no evidence or argument to show his discharge should be upgraded and his military records contain no matter upon...
ARMY | BCMR | CY2008 | 20080016240
IN THE CASE OF: BOARD DATE: 30 December 2008 DOCKET NUMBER: AR20080016240 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests reconsideration of an earlier request that his rank and pay grade on his DD Form 214 (Report of Transfer or Discharge) for the period ending 8 July 1970 be changed from specialist five/E-5 to master sergeant/E-8. Since the applicant was promoted to master sergeant/E-8 in the USAR on 3 May 1986, approximately 16 years after his release from active...
ARMY | BCMR | CY2008 | 20080016243
The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued at the time of his release from active duty on 19 June 2008, which will simply be referred to as his DD Form 214 throughout the remainder of these proceedings, be corrected to show the award of the Meritorious Service Medal. The applicant provides his DD Form 214, his DD Form 214 for the period 4 March 1986 to 19 January 1992, and a DA Form 638 (Recommendation for...
ARMY | BCMR | CY2008 | 20080016244
The applicant requests, in effect, that her general discharge be upgraded to an honorable discharge and that she be allowed to retire under the Voluntary Early Retirement Program. However, the separation authority may award a general or an honorable discharge if warranted by the member's overall record of service. An administrative separation board considered her case and determined the preponderance of the evidence supported the allegations upon which her separation processing was based,...
ARMY | BCMR | CY2008 | 20080016247
On 21 August 1985, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct drug abuse, with a general discharge. It appears that the applicant's records were taken into consideration by his chain of command based on his having received a general discharge instead of a discharge under other than honorable conditions, which was normally considered appropriate at the time. He was properly separated for misconduct,...
ARMY | BCMR | CY2008 | 20080016275
The evidence of record shows that the applicant was promoted to SSG on 1 September 2002. He was accordingly scheduled to attend BNCOC; however, due to his surgery, he requested a deferment in July 2003 of his August 2003 BNCOC class. However, he provided no evidence to show he informed anyone between November 2003 and August 2004 (when he deployed) that he was medically cleared to attend BNCOC.
ARMY | BCMR | CY2008 | 20080016280
On 15 October 2007, an accountability inventory was conducted and a number of items were found to be missing. The investigating officer determined the applicant was liable for the loss of a number of items in part because missing components were not properly documented on shortage annexes at the time of the inventory completed in November 2006 and no update of the annexes was performed during the applicant's period as battery commander. The total value of the missing items was determined...
ARMY | BCMR | CY2008 | 20080016284
IN THE CASE OF: BOARD DATE: 18 February 2009 DOCKET NUMBER: AR20080016284 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that his records be corrected to show he is a sergeant (SGT), pay grade E-5. There is insufficient evidence which shows the applicant actually served with an Army National Guard unit while in Kosovo.
ARMY | BCMR | CY2008 | 20080016289
The applicant states he is grateful for the corrections the Board made to his service record; however, he believes he is entitled to the Purple Heart. 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 AR20070013827, on 12 February 2008. The applicants submission of the Korean War Casualty File entry is new evidence not previously...
ARMY | BCMR | CY2008 | 20080016292
The applicant enlisted in the Regular Army (RA) on 14 August 2002 and entered active duty. On 6 September 2002, the applicant was separated under the provisions of paragraph 5-11, Army Regulation 635-200, by reason of failure to meet procurement medical fitness standards after completing only 23 days of active military service. If the applicant can convince recruiting personnel that he meets procurement physical fitness standards, his RE-3 code may be waived and he may enlist; however,...
ARMY | BCMR | CY2008 | 20080016293
Application for correction of military records (with supporting documents provided, if any). By regulation, in order to support award of the PH, there must be evidence confirming that the wound for which the award is being made was received as a result of enemy action, that it required treatment by military medical personnel, and a record of this treatment must have been made a matter of official record. However, there is no documentary evidence of record or independent evidence provided...
ARMY | BCMR | CY2008 | 20080016296
The Purple Heart is not shown in item 41 (Awards and Decorations) of the applicant's DA Form 20. There is no evidence in the available records which show the applicant was ever wounded as the result of a hostile action or was recommended for or awarded the Purple Heart. In the absence of evidence that the applicant was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.
ARMY | BCMR | CY2008 | 20080016297
Paragraph 3-19 (Promotion Reconsideration Boards) of Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other than General Officers) provides, in pertinent part, that records of officers or former officers will be referred for special selection board action when the Office of Promotions (Reserve Components) determines that a review of a mandatory selection board finds that an officer's records contained a material error. Subsection (a) states, in pertinent...
ARMY | BCMR | CY2008 | 20080016298
Application for correction of military records (with supporting documents provided, if any). The DD Form 214 issued to the applicant at that time lists the number "8" in the seventh character of his SSN in Item 3. The evidence of record clearly shows that administrative errors occurred that resulted in an incorrect SSN being listed on his DD Form 47 and his DD Form 214, and that his qualification record and all other documents on file in his record contain the correct SSN using the number...
ARMY | BCMR | CY2008 | 20080016302
The applicant, the son of the deceased former service member (FSM), requests correction of his father's military records to show award of the Silver Star for service in the Republic of Korea. The FSM's military records are not available for review. ________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 | 20080016305
Accordingly, he was discharged under other than honorable conditions on 12 April 1973, under the provisions of Army Regulation 635-206 for misconduct - conviction by civil authorities. He contended at that time that he felt that his discharge was unfair because he was punished for the same offense by civil and military authorities and had not violated any military regulations. The applicant's overall record of service has been considered.
ARMY | BCMR | CY2008 | 20080016306
The applicant requests, in effect, that his character of service, separation authority, separation code, reentry (RE) code, and the narrative reason for his separation on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed. The DD Form 214 also shows that his character of service was general, under honorable conditions; the separation authority was Army Regulation 635-200, paragraph 14-12c (2) (commission of a serious offense - abuse of illegal drugs); the...
ARMY | BCMR | CY2008 | 20080016308
There are no Special Orders in the applicants record that show he was promoted to SGT/E-5. The evidence of record shows that the applicant served in Korea from on or about 28 May 1969 to on or about 25 November 1969; therefore, he served a qualifying period for award of the Korea Defense Service Medal and is entitled to correction of his records to show this award. The evidence of record shows the applicant was awarded the Vietnam Service Medal.
ARMY | BCMR | CY2008 | 20080016310
As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Good Conduct Medal for the period 6 January 1970 through 11 November 1971; and b. adding the Good Conduct Medal, the Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. ...
ARMY | BCMR | CY2008 | 20080016313
IN THE CASE OF: BOARD DATE: 23 December 2008 DOCKET NUMBER: AR20080016313 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 AR20080006816 on 13 August 2008. The applicant contended that his great-grandmother should have received a payment of the $240.00 remainder of the FSM's enlistment bounty.
ARMY | BCMR | CY2008 | 20080016314
The applicant's records do not contain general orders awarding him the Medal of Honor, the Silver Star, or the Bronze Star Medal. In the applicant's case, it is noted that: a. the applicant's record is void of a recommendation for award of the Medal of Honor; there are no general orders that show the applicant was awarded the Medal of Honor; and the applicant did not provide any incontestable proof of the performance of the service that shows he distinguished himself conspicuously by...
ARMY | BCMR | CY2008 | 20080016315
Item 33 does not show award of the Combat Infantryman Badge. The opinion does note that the exigencies of combat may require non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers are taught, but it is not a basis for the award of the Combat Infantryman Badge. In the absence of evidence that the applicant was an active participant in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman...
ARMY | BCMR | CY2008 | 20080016316
IN THE CASE OF: BOARD DATE: 13 January 2009 DOCKET NUMBER: AR20080016316 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that the General Officer Memorandum of Reprimand (GOMOR), dated 17 December 1992, be removed from his Official Military Personnel File (OMPF). A memorandum of reprimand may be filed in a Soldier's OMPF only upon the order of a general officer level authority and are to be filed in the performance section.
ARMY | BCMR | CY2008 | 20080016334
The applicant states that he was wounded in his right foot in Vietnam. There is no other evidence of record to indicate that his wound was the result of hostile action. _______XXXX_______________ 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 | 20080016336
The applicant requests, in effect, that the date of birth listed on his separation documents (DD Forms 214) be corrected. While the applicants desire to have his military records changed to reflect the date of birth listed on his birth certificate is understood, there is no indication that he questioned the date of birth at the time he entered the United States Army on 20 December 1952, at anytime during his active duty service in the RA, or at the time of his discharge on 21 July 1955. ...
ARMY | BCMR | CY2008 | 20080016339
Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal for the period 14 May 1969 to 3 April 1971, and correct his military records to show the award of the Army Good Conduct Medal. The applicant participated in two campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show two bronze service stars to be affixed to his already awarded Vietnam Service Medal. As a result, the Board recommends that...
ARMY | BCMR | CY2008 | 20080016340
Application for correction of military records (with supporting documents provided, if any). The applicant's DA Form 2-1 (Personnel Qualification Record) does not show any overseas service or awards for any overseas service. Since foreign service entries on a DD Form 214 are exact dates, and there is no evidence to show the exact dates the applicant served in Iraq, there is insufficient documentation on which to grant the applicant's request.
ARMY | BCMR | CY2008 | 20080016346
The separation document (DD Form 214) he was issued at the time shows he held the rank of PV1 and had completed a total of 6 years, 6 months, and 28 days of creditable active military service. The governing regulation also provides for immediate reenlistment entries in Item 18 of the DD Form 214 for Soldiers who have previously reenlisted without being issued a DD Form 214, and who are separated with any characterization of service except "Honorable." As a result, the Board recommends that...
ARMY | BCMR | CY2008 | 20080016347
Application for correction of military records (with supporting documents provided, if any). On 22 October 1970, the appropriate authority approved the applicant's discharge for unfitness with an undesirable, under other than honorable conditions discharge, under the provisions of Army Regulation 635-212. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2008 | 20080016354
The applicant, the widow of a deceased former service member (FSM), requests reconsideration of her earlier request to correct the FSM's military records to show he enrolled in the Survivor Benefit Plan (SBP) for spouse coverage. CONSIDERATION OF 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 AR20080002796, on 12 June 2008.
ARMY | BCMR | CY2008 | 20080016359
The applicant states, in effect, that his name as it appears on his birth certificate does not and has never matched his DD Form 214. He states his last name P***s should appear on his DD Form 214. All documents in his service personnel record shows the applicant used the name B*** Q. O**** consistently throughout his service in the Army.
ARMY | BCMR | CY2008 | 20080016362
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that his reenlistment code 4 be changed so that he may enlist in the Army. 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.
ARMY | BCMR | CY2008 | 20080016365
The applicant requests, in effect, that: a. his enlistment contract be voided with reinstatement in the United States Army Reserve (USAR) Control Group (i.e., the Control Group (Reinforcement)); b. he be promoted to major/pay grade O-4 based on the results of a special selection board (SSB) with entitlement to back pay and allowances; c. a statement for the gap in his officer evaluation reports for his non-rated time as a major be placed in his official military personnel file (OMPF); and d....
ARMY | BCMR | CY2008 | 20080016366
His military records do show that he served as a Grenadier in duty MOS 11B with Company C, 1st Battalion, 61st Infantry Regiment from 16 September 1970 to 1 January 1971, and as a Rifleman in duty MOS 11B with this same unit from 27 January 1971 to on or about 17 May 1971, but there is no evidence in the applicant's military records which conclusively shows that he was personally present and engaged in active ground combat during this period of time. The applicant served in Vietnam from 28...
ARMY | BCMR | CY2008 | 20080016369
The applicant requests correction of his records to show constructive credit of 1 year for completion of his internship at the time of his entry into the United States Army. Also, those medical officers who have completed a medical internship or its equivalent, or who entered military status, while serving on such an internship, are entitled to a fifth year of constructive service credit." The available evidence clearly shows that the applicant was awarded 4 years of constructive credit as...
ARMY | BCMR | CY2008 | 20080016372
Special Processing Detachment, Special Troops, U.S. Army Garrison, Fort Dix, Letter, dated 15 March 1968, shows the applicant's unit commander recommended that he be discharged under the provisions of Army Regulation 635-212 for unfitness and that he be issued an Undesirable Discharge Certificate. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military...
ARMY | BCMR | CY2008 | 20080016374
Application for correction of military records (with supporting documents provided, if any). The applicant states that he was not notified that he was going to be considered for promotion and, therefore, never given the opportunity to ensure that his military records were correct and updated. To determine if there is an error in the promotion file, the officer may request, within 2 years of the board recess date, a copy of his or her file, as considered by the mandatory Reserve of the Army...