ARMY | BCMR | CY2008 | 20080017033
The evidence of record shows the applicant was awarded the Vietnam Service Medal. He served in the Republic of Vietnam, was awarded the Purple Heart, and received an "excellent" conduct and efficiency rating throughout his military service. 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 in action on 2 June 1969 in the Republic of Vietnam; b. awarding the...
ARMY | BCMR | CY2008 | 20080017035
There is no evidence in the available records which show the applicant was wounded or injured as a result of hostile action in the Republic of Vietnam. Without corroborating evidence such as orders or other evidence of record showing that the applicant was injured or treated for any wounds as a result of hostile action in the Republic of Vietnam, the statement from the Veterans Appeals Board provided by the applicant is not sufficient as a basis for an award of the Purple Heart. ...
ARMY | BCMR | CY2008 | 20080017038
Application for correction of military records (with supporting documents provided, if any). A UOTHC discharge normally is appropriate for a Soldier who is discharged in lieu of trial by court-martial. The record also shows the applicant voluntarily requested discharge to avoid a court-martial that could have resulted in his receiving a punitive discharge.
ARMY | BCMR | CY2008 | 20080017041
The applicant requests reconsideration of the Army Board for Correction of Military Records (ABCMR) denial of his request to remove two DA Forms 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)) from his official military personnel file (OMPF), that his rank to sergeant be restored, that the $1974.00 he forfeited from his pay be refunded, that his 30 September 2005 discharge from the U.S. Army Reserve (USAR) be revoked, and that he be issued an antedated...
ARMY | BCMR | CY2008 | 20080017044
On 23 July 1984, the applicant was discharged from the Army with a bad conduct discharge in the rank and pay grade of private/E-1 pursuant to the sentence of a special court-martial. This regulation provided, in pertinent part, that an enlisted person would be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial after completion of appellate review and after such affirmed sentence had been duly ordered executed. The evidence of record...
ARMY | BCMR | CY2008 | 20080017045
The applicant requests, in effect, that his under other than honorable conditions discharge be upgraded to honorable. On 20 June 1983, the appropriate authority approved the applicant's request for discharge for the good of the service and directed that an Under Other Than Honorable Conditions Discharge Certificate be issued and that the applicant be reduced to pay grade E-1. The applicant was discharged on 13 July 1983, in pay grade E-1, under the provisions of Army Regulation 635-200,...
ARMY | BCMR | CY2008 | 20080017046
He completed basic airborne training and was transferred to Fort Campbell, Kentucky. A review of the applicant's official military records fails to show that the applicant was ever awarded a field artillery MOS. Accordingly, it appears that the applicant's DD Form 214 was correctly prepared to reflect the PMOS that was then and still is documented in his official record.
ARMY | BCMR | CY2008 | 20080017050
The applicant requests, in effect, that his undesirable discharge, characterized as under other than honorable conditions, be upgraded to a general discharge. However, at the time of the applicant's separation the regulation provided for the issuance of 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.
ARMY | BCMR | CY2008 | 20080017054
The applicant provides the following documents in support of his application: self-authored statement; Statement in Support of Claim (VA Form 21-4138); Department of Veterans Affairs (VA) letters, dated 8 January 2008 and 15 February 2008; mental health treatment progress notes; VA rating decision; and Army Board for Correction of Military Records Board (ABCMR) Record of Proceedings. During its original review of this case, the Board found that the applicant's official military personnel...
ARMY | BCMR | CY2008 | 20080017059
The applicant requests, in effect, correction of his military records to show that he was retired due to a physical disability. The applicant provides, in support of his application, copies of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214); Report of Separation and Record of Service effective 10 February 2000 showing 15 years, 4 months, and 4 days of service for retired pay; a 13 page letter of support from the applicant's wife; a California Life Line...
ARMY | BCMR | CY2008 | 20080017060
The applicant requests that his General Discharge (GD) be upgraded to an Honorable Discharge (HD). Following his misconduct, the applicant was notified by his commander that administrative separation action was being initiated against him under the provisions of chapter 14, Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), for misconduct. Army policy states that a discharge under other than honorable conditions is normally considered appropriate, but a GD under...
ARMY | BCMR | CY2008 | 20080017062
Application for correction of military records (with supporting documents provided, if any). In accordance with Title 10, United States Code, section 1552, the authority under which this Board acts, the Army Board for Correction of Military Records is not empowered to set aside a conviction. Conviction and discharge were effected in accordance with applicable laws and regulation and his rights were protected throughout the court-martial process.
ARMY | BCMR | CY2008 | 20080017063
IN THE CASE OF: BOARD DATE: 9 December 2008 DOCKET NUMBER: AR20080017063 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. There are no general orders that show the applicant was awarded the Purple Heart and there is no evidence in his available service personnel records which shows he was wounded or injured as a result of hostile action or treated for such wounds. Regrettably, absent evidence which conclusively shows that the applicant sustained wounds or injuries as a result of hostile...
ARMY | BCMR | CY2008 | 20080017075
The applicant requests, in effect, that he be awarded the Vietnam Service Medal (VSM) based on his service in Thailand. By regulation, the VSM and RVNCM are authorized for members who served in Thailand in units providing direct support to Republic of Vietnam (RVN) operations. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he is eligible for the VSM and RVNCM with Device (1960) based on his service in Thailand;...
ARMY | BCMR | CY2008 | 20080017081
The applicant provides a letter, dated 18 August 2008, from the National Personnel Records Center, St. Louis, Missouri; a Separation Qualification Record; a WD AGO Form 53-55 (Enlisted Record and Report of Separation); an Honorable Discharge Certificate; and excerpts on the Army of Occupation Medal during World War II and the Good Conduct Medal in support of his application. The applicant's Separation Qualification Record which shows he served as a military policeman in Korea with the 54th...
ARMY | BCMR | CY2008 | 20080017083
The applicant requests, in effect, correction of his records to show award of the Army Commendation Medal, Army Reserve Components Achievement Medal, National Defense Service Medal, Army Service Ribbon, and Marksman Marksmanship Qualification Badge. The applicant states, in effect, he believes the record to be in error because he received the Army Commendation Medal upon separation from active duty and the Army Reserve Components Achievement Medal and National Defense Service Medal during...
ARMY | BCMR | CY2008 | 20080017084
The applicant's contention that he was awarded three ARCOMs has also been noted; however, he has failed to show through the evidence submitted with his application and the evidence of record that such is the case. 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...
ARMY | BCMR | CY2008 | 20080017085
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his 1978 separation document be corrected to reflect award of the Combat Infantryman Badge and an Army Commendation Medal. Although the evidence does confirm the applicant served in an infantry specialty while in Vietnam, there is no evidence he participated in active ground combat and as such there is no basis to award him the Combat Infantryman Badge.
ARMY | BCMR | CY2008 | 20080017088
Application for correction of military records (with supporting documents provided, if any). The applicants military records are not available to the Board for review. Regrettably, there is insufficient evidence on which to base award of the Purple Heart in this case.
ARMY | BCMR | CY2008 | 20080017089
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 sentence consisting of reduction to pay grade E-1, a forfeiture of all pay and allowances, confinement for 18 months, and a bad conduct discharge was approved as adjudged, and except for the BCD, was ordered executed. When authorized, it is issued to a Soldier whose military record is satisfactory but not...
ARMY | BCMR | CY2008 | 20080017090
The applicants DA Form 20 and the Purple Heart Certificate together are sufficient to support correction of the applicants records to reflect award of the Purple Heart for a wound received on 5 January 1967. It is appropriate to correct the applicant's DD Form 214 to include his award of the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and to wear a bronze service star on his Vietnam Service Medal. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2008 | 20080017091
There are no orders in the applicant's military service records awarding him the Purple Heart. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service. The applicant's DA Form 20, the Vietnam Casualty Listing, and the certificate submitted by the applicant show the applicant received wounds as a result of hostile action on 23 March 1971.
ARMY | BCMR | CY2008 | 20080017092
Item 25 (Selected Administrative Data) of this form shows the applicant was awarded the Purple Heart by 12th Evacuation Hospital, General Order 234, dated 6 October 1968. 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show...
ARMY | BCMR | CY2008 | 20080017094
The applicants records also show he served in the Republic of Vietnam from 3 November 1967 to 2 November 1968. This document shows that during the applicant's tenure of assignment: a. the 23rd Supply and Transport Battalion was awarded the Meritorious Unit Commendation, from 1 January 1968 to 31 August 1969, based on Department of the Army General Orders Number 53, dated 1970; b. the 4th Battalion, 31st Infantry, was awarded the Valorous Unit Award from 15 November 1967 to 3 February 1968,...
ARMY | BCMR | CY2008 | 20080017097
In his request for discharge, the applicant indicated that he understood that by requesting discharge, he was admitting guilt to the charges against him, or of a lesser included offense, that also authorized the imposition of a bad conduct discharge or a discharge under other than honorable conditions. AR 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. XXX _______ _ _______ ___ CHAIRPERSON I...
ARMY | BCMR | CY2008 | 20080017098
The applicants DD Form 214 does not show the Combat Infantryman Badge as an authorized award. 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 is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.
ARMY | BCMR | CY2008 | 20080017099
Item 44 (Time Lost Under 972, Title 10, United States Code and Subsequent to Normal Date ETS) on the applicant's DA Form 20 (Enlisted Qualification Record) shows he was AWOL from 20 July 1970 to 27 July 1970 (8 days). The applicant's service personnel records contain a DA Form 2496 (Disposition Form), dated 27 July 1970, which shows that a request for flagging action was placed on the applicant for being AWOL. In accordance with applicable statute, AWOL is lost time.
ARMY | BCMR | CY2008 | 20080017101
The applicant requests that Item 26 (Separation Code) and Item 28 (Narrative Reason for Separation) of his separation document (DD Form 214) be corrected to show he was discharged due to permanent disability. His DD Form 214 shows that he was released from active duty on 9 March 2007. Orders Number D142-01 dated 21 May 2007 shows that the applicant was released from duty because of permanent disability and placed on the retired list on 21 May 2007.
ARMY | BCMR | CY2008 | 20080017103
The applicant requests, in effect, correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show he served in the Regular Army in an active duty status. The applicant states that his DD Form 214 shows his service as active duty for training (ACDUTRA). 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 | 20080017105
The applicant's military personnel records contain a DD Form 214 that shows he entered active duty this period on 31 August 1982 and was discharged on 22 May 1989 under other than honorable conditions, under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 14 (Misconduct), based on civilian conviction. The evidence of record also shows that the requirement to prepare the DD Form 214 for enlisted members discharged for immediate reenlistment was...
ARMY | BCMR | CY2008 | 20080017110
He also pointed out that the following diagnoses should be included in the MEBD: pain management, prescription of morphine along with other medications daily; sinus tachycardia; atypical chest pain; hypertension; upper and lower extremities hampered prompting the use of a wheelchair; left leg atrophy; left shoulder weakness; cellulitiis of right arm; cutaneous chest wall nodule and biopsy; and non-alcoholic liver disease. f. The PEB recommended a rating of 20 percent and that the applicant...
ARMY | BCMR | CY2008 | 20080017111
The applicant requests an upgrade of his dishonorable discharge to an honorable discharge. The applicant was discharged from the Army on 28 June 2002. The conviction and discharge were effected in accordance with applicable laws and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted.
ARMY | BCMR | CY2008 | 20080017114
Application for correction of military records (with supporting documents provided, if any). Even if the applicant is now suffering from a PTSD, which is not confirmed by the evidence he provides, his military record is void of any indication that he suffered from a physically or mentally disqualifying condition while serving on active duty that would have supported his separation processing through medical channels at the time of his discharge. As a result, the applicant received the full...
ARMY | BCMR | CY2008 | 20080017115
The applicant requests that his discharge be upgraded to honorable. He is a family man with four children and two grandchildren. She relates that her niece and four children have lived with them for over 2 years and the applicant is in the process of adopting her brother's son who has lived with them for 1 1/2 years.
ARMY | BCMR | CY2008 | 20080017117
The applicant requests, in effect, that his general, under honorable conditions discharge (GD) be upgraded to an honorable discharge (HD). Paragraph 5-37 of the version of the regulation in effect at the time of the applicant's discharge provided for the separation of personnel because of unsatisfactory performance or conduct (or both). However, his inability to adapt to military service clearly diminished the overall quality of his service below that meriting a fully honorable discharge.
ARMY | BCMR | CY2008 | 20080017121
The applicant requests, in effect, that her general discharge under honorable conditions be upgraded to an honorable discharge. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. There is no available evidence that convincingly shows her failure to complete advanced individual training and/or that her misconduct were due to her age.
ARMY | BCMR | CY2008 | 20080017122
The applicant requests that item 8 (Place of Birth) on his DD Form 214 (Report of Transfer or Discharge) for the period ending 12 May 1971 be corrected to show he was born in Minnesota instead of Wisconsin. The applicant's DD Form 398 (Statement of Personal History) and his induction record show his place of birth is Hibbing, Minnesota. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 8 on the applicant's DD...
ARMY | BCMR | CY2008 | 20080017126
The applicant requests award of the Basic Aviation Badge (formerly known as the Aircraft Crew Member Badge). Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Aircraft Crew Member Badge (i.e., currently known as the Basic Aviation Badge) may be permanently awarded for successful completion of formal AIT in career management field (CMF) 67 MOSs. Evidence of record shows the applicant completed AIT in MOS 93B in 1965.
ARMY | BCMR | CY2008 | 20080017135
On 22 July 1982, the applicant's company commander recommended the applicant be discharged under the provisions of Army Regulation 635-200 for reasons of misconduct, with a waiver of rehabilitation and counseling requirements. The applicant was separated from active duty, in pay grade E-1, on 18 August 1982, under the provisions of Army Regulation 635-200, paragraph 14-33b(1), for misconduct-frequent incidents of a discreditable nature with civil or military authorities with an under other...
ARMY | BCMR | CY2008 | 20080017138
The applicant requests that the military records of her deceased husband, the Former Service Member (FSM), be corrected to add the European-African-Middle Eastern Campaign Medal, the World War II Victory Medal, and any other awards or decorations he may have been entitled to receive. All five campaigns listed on the FSM's WD AGO Form 53-55 are in the European-African-Middle Eastern Theater. As a result, the Board recommends that the WD AGO 53-55 of the FSM be corrected by adding the...
ARMY | BCMR | CY2008 | 20080017144
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant's military records show that he enlisted in the Regular Army on 20 August 1987, was promoted to pay grade E-7, and was honorably released from active duty on 26 January 1999 to accept an appointment as a warrant officer. On 30 October 2007, the applicant enlisted in the Regular Army in pay grade E-7, was honorably released from active duty on 31 October 2007, for years of service in pay grade E-7, and was placed on the...
ARMY | BCMR | CY2008 | 20080017145
Evidence of record shows the applicant was awarded a second award of the Army Commendation Medal by Headquarters, 101st Airborne Division, General Orders Number 5789, dated 11 September 1968, for meritorious achievement during the period from 1 March 1968 to 31 July 1968. Record shows the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of the...
ARMY | BCMR | CY2008 | 20080017149
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 15 April 1970 to show award of the Bronze Star Medal. The evidence of record shows that the applicant was awarded the Bronze Star Medal and the Army Good Conduct Medal (1st Award). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to add the Bronze Star...
ARMY | BCMR | CY2008 | 20080017155
When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. Therefore, the applicant's record of service is insufficiently meritorious to warrant a general discharge or an honorable discharge. ABCMR Record of Proceedings (cont) AR20080017155 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080017155 4 ARMY BOARD FOR CORRECTION OF MILITARY...
ARMY | BCMR | CY2008 | 20080017158
The applicant requests that his 22 February 2008 temporary disability retired list (TDRL) physical evaluation board (PEB) be corrected to show his disabilities were incurred in line of duty and increase the recommended disability percentage for his panic disorder medical condition from 10 percent to 50 percent. The applicant was rated under the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) and was granted a 30 percent disability rating for code 9412 (panic...
ARMY | BCMR | CY2008 | 20080017161
The applicant requests correction of the Reserve obligation termination date shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the same date shown on his discharge orders from the U.S. Army Reserve (USAR). The evidence of record shows that the applicant enlisted in the DEP on 23 November 1984. Therefore, the termination date of the applicant's military service was 8 years from the date he enlisted in the DEP or 22 November 1992, which is correctly...
ARMY | BCMR | CY2008 | 20080017169
The applicant did not concur with the findings and recommendations and submitted a rebuttal to the PEB findings on 17 October 2005 contending that the PEB had not given him a fair and just hearing that the board had erroneously combined his hammer toe disability with osteoarthritis of the ankles and feet with a 10% disability rating and had determined his injuries were not an instrumentality of war. The Veterans Affairs Schedule for Rating Disabilities (VASRD) provides, in section 4.22...
ARMY | BCMR | CY2008 | 20080017171
The applicant requests that his dishonorable discharge be upgraded to an honorable or a general discharge. Title 10, U. S. Code, section 1552, the authority under which this Board acts, provides, in pertinent part, that the Army Board for Correction of Military Records is not empowered to set aside a conviction. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.
ARMY | BCMR | CY2008 | 20080017172
The applicant states, in effect, that he was convicted of a felony 5 weeks after he enlisted in the Army and that he was in the county jail for 1 year. On 6 February 1976, the separation authority approved the applicants request for discharge and directed that he be furnished an undesirable discharge. There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations.
ARMY | BCMR | CY2008 | 20080017174
Application for correction of military records (with supporting documents provided, if any). The applicant's National Guard service was 15 years after the active duty time covered by the DD Form 214 the applicant wants corrected. __________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.