ARMY | BCMR | CY2008 | 20080016930
There was no evidence in his records at the DFAS to show that he ever made a former spouse election. In the FSM's case, he was divorced at the time of his death and never made a former spouse election. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the FSM requested his SBP coverage be changed to former spouse coverage on 30 September 2003 and that his request was received and processed by the appropriate office...
ARMY | BCMR | CY2008 | 20080016931
IN THE CASE OF: BOARD DATE: 13 JANUARY 2009 DOCKET NUMBER: AR20080016931 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 AR20080004463, on 10 July 2008. As a result, reconsideration of the applicant's request that the findings of guilty against him for two violations of Article 121 of...
ARMY | BCMR | CY2008 | 20080016932
On 14 December 2007, the applicant voluntarily requested discharge in lieu of court-martial under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 10 because of charges that had been preferred against him under the Uniform Code of Military Justice, each of which authorizes the imposition of a bad conduct or dishonorable discharge. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes based on...
ARMY | BCMR | CY2008 | 20080016933
The applicant's medical records are not present for review by the Board. 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. _________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 | 20080016938
The applicant states that he has as much time on active duty as his Regular Army (RA), Judge Advocate General's Corps (JAGC) classmates at the officer basic course (OBC). Yet, the RA officers were given constructive service credit and appointed to captain. The applicant states that his DOR should be adjusted because he has as much time on active duty as his RA classmates at the JAGC OBC.
ARMY | BCMR | CY2008 | 20080016939
The applicant requests, in effect, that his discharge under other than honorable conditions be upgraded to an honorable discharge. Army policy states that a discharge under other than honorable conditions is normally considered appropriate, but a general discharge under honorable conditions or an honorable discharge may be granted. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the...
ARMY | BCMR | CY2008 | 20080016942
On 12 December 1977, the applicant's discharge was upgraded from an undesirable discharge to a general discharge, under honorable conditions under the DOD SDRP. This program, known as the DOD SDRP, required, in the absence of compelling reasons to the contrary, that a discharge upgrade to either honorable or general be issued in the case of any individual who had either completed a normal tour of duty in Southeast Asia, been wounded in action, been awarded a military decoration other than a...
ARMY | BCMR | CY2008 | 20080016946
The applicant provides the following documents as new evidence: self authored statement; Army Board for Correction of Military Records (ABCMR) Record of Proceedings AR20060008821; electronic mail (e-mail) Messages; DD Form 3349 (Physical Profile); Adjutant Generals Department, Austin, Texas, Orders Number 283-1060, dated 10 October 2002; Headquarters, III Corps and Fort Hood Orders Number 239-0332, dated 27 August 2002, and Orders Number 136-4, dated 16 May 2002; DA Form 2-1 (Personnel...
ARMY | BCMR | CY2008 | 20080016947
The applicant's military personnel records show he enlisted in the Regular Army for a period of 2 years on 15 April 1971. The applicant's military personnel records contain his DD Form 214 that shows he entered active duty on 15 April 1971 and was discharged on 31 October 1972, under other than honorable conditions in accordance with the provisions of Army Regulation 635-200, Chapter 10, for the good of the service with SPN 246 and issued a DD Form 258A. Records show the applicant was 18...
ARMY | BCMR | CY2008 | 20080016949
The applicant requests correction of his military records to show award of the Army Good Conduct Medal. On 4 October 1986, the applicant was released from active duty and transferred to the 301st Military Police Company, San Juan, Puerto Rico, United States Army Reserve. The current standard for award of the Army Good Conduct Medal is 3 years of qualifying service, but as little as 1 year is required for the first award in those cases when the period of service ends with the termination of...
ARMY | BCMR | CY2008 | 20080016951
The applicant requests correction of his DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) to show the correct dates of his service in Southwest Asia and to show his service in Somalia. This DD Form 215 should have also corrected the applicant's records to show his service in Somalia. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.
ARMY | BCMR | CY2008 | 20080016953
The applicant requests that her DD Form 214 dated 29 March 2008 be corrected to reflect a "NO" entry in block 17 under "Member was provided complete dental examination and all appropriate dental services and treatment within 90 days prior to separation". The statement from the attending dentist clearly indicates the applicant had been identified for further dental treatment prior to separation at Fort Irwin, California. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2008 | 20080016955
IN THE CASE OF: BOARD DATE: 31 MARCH 2009 DOCKET NUMBER: AR20080016955 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states that he is eligible for award of the BSM per Army Regulation 600-8-22 (Military Awards), paragraph 3-14, based on receiving award of the Combat Infantryman Badge (CIB) during World War II. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the BSM based on award of the...
ARMY | BCMR | CY2008 | 20080016957
Application for correction of military records (with supporting documents provided, if any). The applicant's record is void of any documents or orders that indicate he was ever recommended for or awarded a combat badge or the ARCOM by proper authority during his active duty tenure. _______ _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 | 20080016959
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant was born on 11 December 1965 and enlisted in the WAARNG on 31 July 1986. However, he failed to do so by 15 December 1989, when the commander initiated the recommendation for separation under the provisions of Army Regulation 635-200, chapter 14 for misconduct - pattern of misconduct.
ARMY | BCMR | CY2008 | 20080016963
The applicant states, in effect, that his DD Form 214 does not reflect all of the awards he should have been credited with and his rank indicates that he was separated in the pay grade of E-3; however, his Air Medal citation indicates that his rank was SP4. He had served 1 year, 11 months and 29 days of total active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Parachutist Badge, the Vietnam Service Medal...
ARMY | BCMR | CY2008 | 20080016964
The applicant states the FSM was awarded the Bronze Star Medal on 17 March 1952 and it is not listed in his records. Based on the evidence, it would be appropriate to amend the FSM's records to show 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 amending his WD AGO Form 53-55 to add award of the Bronze Star Medal, the American Campaign Medal, the World War II Victory Medal, and one silver...
ARMY | BCMR | CY2008 | 20080016965
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he completed the 37-week Burmese Language course at the Foreign Language Center of the Defense Language Institute (DLI), Presidio of Monterey, California (CA), instead of the U.S. Army Intelligence School (USAINTS), Fort Holabird, Maryland (MD). The evidence of record...
ARMY | BCMR | CY2008 | 20080016968
Application for correction of military records (with supporting documents provided, if any). Absent any evidence of record confirming that the head wound the applicant suffered referred to in the third-party statement was received as a result of enemy action, or that he was ever treated for a combat-related wound or injury while serving in the RVN, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case. In order to justify correction of a...
ARMY | BCMR | CY2008 | 20080016971
The applicant requests, in effect, that his undesirable discharge be upgraded to an honorable or general discharge. In his request for discharge, the applicant also acknowledged that he understood that if his request for discharge was accepted, he could be discharged under other than honorable conditions and furnished an Undesirable Discharge Certificate. At the time, an undesirable discharge was normally considered appropriate; however, if warranted, the discharge authority may direct an...
ARMY | BCMR | CY2008 | 20080016973
The applicant requests correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to change his Separation Code of LBK and Reentry Code of 3. The applicant states, in effect, that his separation program designator (SPD) code LBK and reentry eligibility (RE) code of 3 indicate that he was flagged at the time of his separation. The SPD code of LBK was the appropriate code for the applicant based upon the guidance provided in Army Regulation 635-5-1 for Soldiers...
ARMY | BCMR | CY2008 | 20080016975
His enlistment record shows the last name H---man; however, the signature on this record shows the last name H---mon. Since his signature on all of his service personnel records show the last name H---mon, it would be appropriate to correct item 1 on his DD Form 214 to show the last name H---mon. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the last name in item 1 on his DD Form 214; and b. adding the...
ARMY | BCMR | CY2008 | 20080016977
This form further shows he completed a total of 2 years, 6 months, and 21 days of creditable active military service. A discharge under other than honorable conditions was normally appropriate for a Soldier discharged under this chapter. The SPD code of JKK is the correct code for a discharge in accordance with paragraph 14-12(c) of AR 635-200.
ARMY | BCMR | CY2008 | 20080016978
The applicant requests correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Bronze Star Medal and the Combat Infantryman Badge. The evidence clearly shows that the applicant was awarded an infantryman MOS and was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned...
ARMY | BCMR | CY2008 | 20080016979
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. Counsel notes the applicant eventually believed that he would receive a bill for the phone calls.
ARMY | BCMR | CY2008 | 20080016980
The applicant provides a DA Form 1058-R (Application for Active Duty Training for Special Work, Temporary Tour of Active Duty, and Annual Training for Soldiers of the Army National Guard and U.S. Army Reserve), dated 14 December 2004, which shows that he volunteered to extend his current mobilization and remain on active duty beyond his completion of 730 days in Title 10, U.S. Code, section 12302 status, the COTTAD period commencing on or about 26 May 2006 for a period of 40 days. ...
ARMY | BCMR | CY2008 | 20080016981
The applicant requests, in effect, correction of his records to show creditable service for at least 15, but less than 20 qualifying years of service for retired pay. The applicant contends, in effect, that his military service records should be corrected to show creditable service for at least 15, but less than 20 qualifying years of service for retired pay based on his active duty service from 27 March 1969 to 1 November 1970 and from 11 October 1990 to 3 July 1991 that is not recorded on...
ARMY | BCMR | CY2008 | 20080016983
Application for correction of military records (with supporting documents provided, if any). This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. There is no evidence of record which shows the applicant was awarded MOS 91B2O.
ARMY | BCMR | CY2008 | 20080016984
The evidence of record shows that upon induction in the AUS on 24 March 1953, the applicants name was recorded as Walter D. S-tt--lee. The evidence of record also shows that upon his REFRAD on 23 March1955, the applicants name was recorded as Walter D. S-t--lee. The evidence of record further shows that on the Certification of Military Service issued on 10 August 1984, the applicants name was recorded as Walter D. S-t--. It is evident that these three documents show three variations...
ARMY | BCMR | CY2008 | 20080016991
This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. The evidence of record shows the applicant was awarded the European-African-Middle Eastern Campaign Medal. The evidence of records shows that the applicant was awarded the Vietnam Service Medal.
ARMY | BCMR | CY2008 | 20080016992
The applicant requests reconsideration of his previous request that his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) be corrected to show that he was awarded the Presidential Unit Citation and the Expert Marksmanship Qualification Badge with Mortar Bar. There is no evidence in the available record that shows the applicant is entitled to the Presidential Unit Citation. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2008 | 20080016994
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, award of the Korea Defense Service Medal and its addition to his DD Form 214 (Certificate of Release or Discharge from Active Duty). ___________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 | 20080016997
The applicant's DD Form 214 shows he received the Vietnam Service Medal; however, it does not show the three bronze service stars to which he is entitled for his campaign participation. However, his records do show that on 6 May 1969, General Orders Number 11 were published awarding him the Purple Heart for wounds received in connection with military operations against a hostile force on 16 April 1969 and this award should be included on his DD Form 214. As a result, the Board recommends...
ARMY | BCMR | CY2008 | 20080017001
The applicant requests correction of his records to show that he was medically retired due to Post Traumatic Stress Disorder (PTSD). Consequently, due to the two concepts involved, an individual's medical condition, although not considered medically unfitting for military service at the time of processing for separation, discharge or retirement, may be sufficient to qualify the individual for DVA benefits based on an evaluation by that agency. Therefore, the Board determined that the...
ARMY | BCMR | CY2008 | 20080017003
The applicant requests correction of his separation records to show award of the Purple Heart and Combat Infantryman Badge. The available evidence does not contain any orders or other documents that indicate he was ever awarded the Purple Heart or Combat Infantryman Badge by proper authority while serving on active duty. Although there is evidence in his records showing that the applicant sustained a gunshot wound to his left leg while serving in Iraq and was treated for that wound by...
ARMY | BCMR | CY2008 | 20080017007
Item 29 (Other Service Training Courses Successfully Completed) of the applicant's DD Form 214 does not contain an entry that he completed scuba diving training. However, the applicant failed to provide evidence which shows that he was entitled to $100.00 for each dive of 100 feet. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 28 of his DD Form 214 the entry "4th Transportation Command Scuba School/24...
ARMY | BCMR | CY2008 | 20080017011
The applicants military record shows that he was initially inducted into the Army of the United States and entered active duty on 21 October 1966 for a 2-year period. The evidence of record fails to contain any documents to show the applicant enlisted for Fixed Wing Repairer training. 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.
ARMY | BCMR | CY2008 | 20080017012
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. The applicant provided the same set of circumstances that he provided to this Board to the convening authority who decided that his service should be characterized as under other than honorable conditions and that he should be issued an Undesirable Discharge Certificate.
ARMY | BCMR | CY2008 | 20080017014
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that he be awarded the Prisoner of War (POW) Medal. Therefore, the only evidence which shows that the applicant was a POW is the two statements provided by the applicant.
ARMY | BCMR | CY2008 | 20080017017
During its original review the Board determined that although the evidence of record confirmed the applicant held an infantry MOS and was assigned duties as a scout and senior scout observer with a qualifying infantry unit during his service in the Republic of Vietnam (RVN), there was no evidence of record confirming his active participation in ground combat, and that there were no orders or other documents on file that indicated he had ever been recommended for or awarded the CIB. The...
ARMY | BCMR | CY2008 | 20080017018
The evidence of record shows the applicant was a Selected Reserve member with at least 15 years and less than 20 years of qualifying service when he was notified on 20 September 2002 that, as a result of a medical determination, he was found to be medically disqualified for continued service in the USAR under the provisions of Army Regulation 40-501, Chapter 3. The evidence of record also shows that the applicant was honorably discharged on 28 May 2003 and transferred to the USAR (Retired...
ARMY | BCMR | CY2008 | 20080017020
The applicant requests that his records be corrected to reflect that he and his spouse elected not to participate in the Survivor Benefit Plan (SBP) and that he be reimbursed for all back SBP payments he has made since his retirement. Accordingly, it would be in the interest of justice to correct the applicant's records to show that he properly completed his DD Form 2656 on 25 January 2008 and declined with his spouse's concurrence, to enroll in the SBP. As a result, the Board recommends...
ARMY | BCMR | CY2008 | 20080017022
On 14 July 2005, the AGDRB convened and after a thorough review of his official records, the record of trial and the recommendation of the board members, the Deputy Assistant Secretary (Army Review Boards) denied any advancement on the Retired List. Title 10, United States Code, Section 3964 provides, in pertinent part, that enlisted personnel may be advanced in grade to the highest grade satisfactorily held, as determined by the Secretary of the Army, when their active service and service...
ARMY | BCMR | CY2008 | 20080017023
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Accordingly, the applicant was discharged from active duty on 10 February 1981 under the provisions of Army Regulation 635-200, chapter 10 for the good of the service with an UOTHC discharge. There is no evidence of record which indicates the actions taken in his case were in error or unjust, therefore, there is no basis for granting the applicant's request for an upgrade of his discharge to honorable.
ARMY | BCMR | CY2008 | 20080017026
The applicant requests, in effect, that his discharge under other than honorable conditions be upgraded to an honorable discharge. He further states that he was only 17 years old when he entered the service. The applicant also understood that if his request for discharge was accepted, he may be discharged under other than honorable conditions and furnished an Under Other Than Honorable Conditions Discharge Certificate.
ARMY | BCMR | CY2008 | 20080017027
The applicant requests that his general discharge from the Indiana Army National Guard be upgraded to honorable. On 24 July 1987, a request for discharge and involuntary transfer to the USAR Control Group (IRR) for unsatisfactory participation was initiated. Evidence of record shows the applicant was discharged under honorable conditions (a general discharge) from the Indiana Army National Guard for accruing 9 unexcused absences from scheduled drills within a 1-year period.
ARMY | BCMR | CY2008 | 20080017028
He also states that he was wounded in Korea in combat and that he has the Purple Heart medal at his residence but it is not listed on his discharge. The applicants military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received in action on 22 September 1950 in Korea; b. awarding him the Purple Heart with first oak leaf...
ARMY | BCMR | CY2008 | 20080017030
The evidence of record shows the applicant served a qualifying period for award of the National Defense Service Medal which is not shown on his records; therefore, he is entitled to correction of his records to show this award. Therefore, he is entitled to correction of his records to show award of the Good Conduct Medal based on completion of a qualifying period of service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2008 | 20080017031
Application for correction of military records (with supporting documents provided, if any). It states, in pertinent part, that the SPD code KFS is the appropriate code to assign to Soldiers separated under the provisions of Chapter 10, Army Regulation 635-200, in lieu of trial by court-martial. Absent any evidence of error or injustice in the discharge process, the assigned RE-4 code was proper and equitable based on the authority and reason for his discharge, and it remains valid.
ARMY | BCMR | CY2008 | 20080017032
There are no orders in the applicant's military service record awarding him the Purple Heart. 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. In the absence of military records which show that the applicant was wounded or treated for wounds resulting from hostile action, there is insufficient evidence...