ARMY | BCMR | CY2008 | 20080006281
The applicant requests, in effect, that he be awarded the National Defense Service Medal, and that his schooling be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). As the applicant's DD Form 214 does not show that he served on active duty during a qualifying period of service for award of the National Defense Service Medal, there is no basis for awarding him this medal. However, there is no evidence in the available records, and the applicant...
ARMY | BCMR | CY2008 | 20080006282
The applicant requests, in effect, that his under other than honorable conditions (UOTHC) discharge be upgraded to a general discharge (GD). 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. Paragraph 3-7c(7) specifically addresses issuance of a UOTHC for discharges issued under the...
ARMY | BCMR | CY2008 | 20080006283
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The discharge authority approved the request for discharge, directed that the applicant be reduced to the lowest enlisted grade, and be separated with a UOTHC discharge. The Board notes that the applicant was 19 years of age at the time he entered active duty, had satisfactory completed training and had served for over two years before any negative incidents are documented.
ARMY | BCMR | CY2008 | 20080006288
The applicant provides the following additional documentary evidence in support of his application: a. DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 10 April 1970. b. However, the applicant's DD Form 214 shows he was discharged on 10 April 1970, in accordance with the provisions of Army Regulation 635-212 (Personnel Separations), for frequent incidents of a discreditable nature, in pay grade E-1, and was furnished an Under Other Than Honorable...
ARMY | BCMR | CY2008 | 20080006306
The applicant requests, in effect, that his general discharge (applicant's discharge is actually characterized as under other than honorable conditions) be upgraded to an honorable discharge. He further states he decided that if he went absent without leave (AWOL) the Army would put him out faster. On 6 February 1991 the applicant was discharged under the provisions of Chapter 10 of Army Regulation 635-200 (Personnel Separations), for the good of the service - in lieu of court-martial.
ARMY | BCMR | CY2008 | 20080006309
Therefore, there is insufficient evidence to support an award of the Combat Infantryman Badge. The applicant claims that while he served in Korea the tank that he was on was hit by a bomb and he was thrown from the tank and bruised all over his body and he now wishes to be awarded the Purple Heart; however, he has provided no evidence that he was wounded as a result of enemy activity. _________x_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the...
ARMY | BCMR | CY2008 | 20080006312
Application for correction of military records (with supporting documents provided, if any). He acknowledged he had been advised of and understood his rights under the Uniform Code of Military Justice, that he could receive an UOTHC discharge which would deprive him of many or all of his benefits as a veteran, that he could expect to experience substantial prejudice in civilian life if he received an UOTHC discharge, and that there is no automatic upgrading or review of a less than...
ARMY | BCMR | CY2008 | 20080006317
The applicant requests that his under other than honorable conditions (UOTHC) discharge be upgraded to an honorable discharge. 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 was given a separation physical examination and was determined to be medically qualified for separation.
ARMY | BCMR | CY2008 | 20080006319
On 6 March 1995, the applicant consulted with legal counsel and was advised of the basis for the contemplated separation from the Army under the provisions of paragraph 11 of Army Regulation 635-200, the effect on future enlistment in the Army, the possible effects of his discharge, and of the procedures and rights that were available to him. On an unknown date between 6 March 1995 and 13 March 1995, the separation authority approved the applicant's discharge with an entry level separation...
ARMY | BCMR | CY2008 | 20080006320
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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined...
ARMY | BCMR | CY2008 | 20080006322
The applicants records show that she enlisted in the U.S. Army Reserve (USAR) on 23 January 2003 for a period of 8 years. Section III (Acknowledgement) of the applicants DA Form 5261-R (Selected Reserve Incentive Program-Enlistment Bonus Addendum) shows that in connection with her enlistment in the USAR, she elected assignment to a unit (high priority) authorized by Headquarters, Department of the Army (HQDA) for a bonus entitlement in a military occupational specialty (MOS) that is also...
ARMY | BCMR | CY2008 | 20080006324
The applicant's former Commanding Officer states that the applicant's actions on 26 March 1970 warrant award of the Silver Star and that the applicant distinguished himself by the highest degree of gallantry in action. Records show that the applicant's former Commanding Officer applied to the Army Awards Board for upgrade of the applicant's Bronze Star Medal with "V" Device and that the Army Awards Board did not take action due to the fact the original DA Form 638 (Recommendation for Award)...
ARMY | BCMR | CY2008 | 20080006325
The applicant provides a memorandum, dated 9 April 2008, which authorized the CAARNG G-1 (a colonel) and a warrant officer of the CAARNG to submit his request to the Army Board for Correction of Military Records (ABCMR) in his stead; a memorandum, dated 7 April 2008, from the CAARNG G-1 to the Army Review Boards Agency who states that the applicant has been a good and faithful Soldier to his unit, the CAARNG, and the United States Army, and that it would be a shame to not allow him to...
ARMY | BCMR | CY2008 | 20080006326
National Guard Regulation 600-100, paragraph 2-13 states that temporary Federal Recognition may be extended to an officer who has been appointed in the ARNG of a State and found to be qualified by a Federal Recognition Board pending final determination of eligibility and appointment as a Reserve commissioned officer of the Army. However, should the initial period of temporary Federal Recognition expire due to administrative processing delays, through no fault of the member, a subsequent...
ARMY | BCMR | CY2008 | 20080006334
The applicants military records are not available to the Board. Therefore, there is insufficient evidence on which to amend his records to show he first enlisted in October 1955. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.
ARMY | BCMR | CY2008 | 20080006365
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 AR20070009820 on 13 December 2007. In the previous consideration of the applicants request for the Armed Forces Expeditionary Medal, the section of his DA Form 24 showing his dates of service in Lebanon was misread. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2008 | 20080006367
The applicant requests, in effect, that the records of her deceased spouse, a former service member (FSM), be corrected to show he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP) for spouse coverage. Any such election must be written, signed by the person making the election, and received by the Secretary concerned within one year after the date of the decree of divorce. Considering all the evidence, allegations, and information presented by the applicant...
ARMY | BCMR | CY2008 | 20080006369
c. Once an MEB determines the Soldier fails medical retention standards, the Soldier is referred to the Physical Evaluation Board (PEB). The PEB is required by law to determine the physical disability rating using the Veterans Schedule for Rating Disabilities (VASRD). The Army rates only conditions determined to be physically unfitting at the time of discharge, thus compensating the individual for loss of a career; while the DVA may rate any service-connected impairment, including those...
ARMY | BCMR | CY2008 | 20080006370
The DD Form 214 will be prepared for active Army soldiers on termination of active duty by reason of administrative separation (including separation by reason of retirement or expiration term of service (ETS)), physical disability separation, or punitive discharge under the UCMJ); Reserve Component (RC) Soldiers completing 90 days or more of continuous active duty for training (ADT); Full-Time National Guard Duty (FTNGD), active duty for special work (ADSW), temporary tours of active duty...
ARMY | BCMR | CY2008 | 20080006372
Application for correction of military records (with supporting documents provided, if any). She was authorized to both request and receive supplies for their office. The applicant informed them that those (i.e., whatever was in the boxes on the pallets) were National Guards property.
ARMY | BCMR | CY2008 | 20080006375
There is no evidence in the applicant's record that he was recommended for or promoted to SP4/E-4. The applicant has not provided any evidence to show he was promoted to SP4/E-4. 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 | 20080006379
The applicant provides, in support of his application, copies of his divorce decree, his separation agreement, a draft of a letter to his former spouse; a letter of communication between the attorneys for the applicant and his former spouse; a communication between the applicant and the DFAS; a DD Form 2658-1 (Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage); a Supplemental Sheet to the DD Form 149 (Application for Correction of Military Record) submitted by the El...
ARMY | BCMR | CY2008 | 20080006380
The applicant's DD Form 214 shows that he was awarded the Purple Heart, but it does not show that he was awarded the Purple Heart with First Oak Leaf Cluster to signify a second award of the Purple Heart. While the sincerity of the applicant's claim to entitlement to a second award of the Purple Heart is not in question, there is no evidence in his military records, and the applicant failed to provide any evidence which shows that he was wounded or injured a second time as a result of...
ARMY | BCMR | CY2008 | 20080006383
Army Regulation 635-5-1 (Separation Codes) provides the specific authorities (regulatory or directive), reasons for separating soldiers from active duty, and the SPN codes to be entered on the DD Form 214. The evidence of record confirms the applicant was separated under the provisions of Army Regulation 635-212, by reason of unsuitability (character and behavior disorder). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...
ARMY | BCMR | CY2008 | 20080006384
The applicant states he served in Vietnam with the 101st Airborne in early 1963. The applicant's records clearly show that his statements are false; he never served in Vietnam and his only facial "wound" was a broken nose suffered in a fist fight at Fort Campbell. 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 | 20080006386
There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of her discharge within its 15-year statute of limitations. The only available evidence is the applicant's DD Form 214 showing she had 5 days of lost time. Her record shows she was 20 years old at the time of her enlistment.
ARMY | BCMR | CY2008 | 20080006387
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. There is no evidence of record to show the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
ARMY | BCMR | CY2008 | 20080006388
The applicant states that while he signed for his "UD," he was told it would be automatically upgraded in 6 months. The applicant's behavior was marked by frequent AWOLs and an inability to adapt to military life. 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 | 20080006389
The applicants military records show that he served in the US Army Reserve from March 1960 to April 1962. The applicants military records do not contain any documents which show the applicant was wounded a second time or was awarded a second Purple Heart. Without evidence to substantiate that the applicant was wounded a second time, there is insufficient basis in which to grant his request.
ARMY | BCMR | CY2008 | 20080006390
The applicants DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, the Air Medal, the Bronze Star Medal, the Army Commendation Medal, and the Purple Heart with First Oak Leaf Cluster as authorized awards. There are no orders for a third award of the Army Commendation Medal in the available records. As a result, the Board recommends that all Department of the Army records...
ARMY | BCMR | CY2008 | 20080006392
Application for correction of military records (with supporting documents provided, if any). On 10 April 1984, the separation authority approved the applicants request for discharge and directed that he be issued an Under Other Than Honorable Conditions Discharge Certificate. There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.
ARMY | BCMR | CY2008 | 20080006401
The applicant requests, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show a Letter of Commendation and the Good Conduct Medal. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. As a result, the Board recommends that all...
ARMY | BCMR | CY2008 | 20080006406
A review of the applicants records does not show that he was wounded as a result of hostile action while he was in Vietnam. 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. ________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 | 20080006407
The applicant's DD Form 214 contains the following entries: a. In the area of personal decorations, his DD form 214 shows 6 awards of the Army Commendation Medal, but he states it should show 9 awards; it shows 3 awards of the Army Achievement Medal, but he states it should show only 2 awards; it shows 2 awards of the Southwest Asia Service Medal, but he states it should show the Southwest Asia Service Medal with 2 bronze service stars. As a result, the Board recommends denial of so much...
ARMY | BCMR | CY2008 | 20080006409
The applicant states, in effect, that his DD Form 214 does not show award of the Purple Heart for injuries he received on 12 February 1968. This document shows that, at the time of the applicants assignment to the 2nd Battalion, 22nd Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through 16 October 1968 based on Headquarters, Department of the Army General Orders Number 21, dated 1969. However, there are no...
ARMY | BCMR | CY2008 | 20080006412
There were no available military medical treatment records on file or provided by the applicant. There are no orders in the applicants military service record that show he was awarded the Purple Heart. There are no orders in the applicants available military service record that shows he was awarded the Purple Heart.
ARMY | BCMR | CY2008 | 20080006414
The applicant essentially states that the date he departed Korea is incorrect on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). As a result, it would be appropriate at this time to correct the applicant's military records to show that he served in Korea from 11 January 1967 to 7 March 1968. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting item 30 of his DD Form 214 to show...
ARMY | BCMR | CY2008 | 20080006415
Notification of Eligibility for Retired Pay at Age 60 Memorandum, dated 17 November 1988. c. DD Form 1883, dated 7 January 1989. d. Certificate of Marriage, dated 2 August 2000. e. Miscellaneous letters and Designation of Beneficiary Forms from the New York State Police and Fire Retirement System. This letter notified the FSM that he had completed the required years of service and would be eligible for retired pay upon application at age 60. Even if the FSM had been able to enroll the...
ARMY | BCMR | CY2008 | 20080006417
Application for correction of military records (with supporting documents provided, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 27 February 1991 the applicant was formally charged with the offense of AWOL.
ARMY | BCMR | CY2008 | 20080006420
On 22 June 2007, the unit commander notified the applicant of initiation of separation action under the provisions of chapter 11 of Army Regulation 635-200 (Enlisted Personnel Separations) by reason of entry-level status, with an uncharacterized discharge. On 29 June 2007, the applicant was discharged by reason of entry-level status after completing 5 months and 27 days of active military service. A separation code of "JGA" applies to persons who are separated under the provisions of...
ARMY | BCMR | CY2008 | 20080006421
Application for correction of military records (with supporting documents provided, if any). Although an HD or a general, under honorable conditions discharge (GD) may be issued by the separation authority if warranted by the member's overall record of service, an UOTHC discharge is normally appropriate for a Soldier discharged under this chapter. Further, the applicant's record of military service was not sufficiently meritorious for the separation authority to support an HD or GD at the...
ARMY | BCMR | CY2008 | 20080006422
The separation authority approved the applicants request for discharge and directed that he be issued an Under Other Than Honorable Conditions Discharge Certificate. On 9 November 1989, the applicant was discharged accordingly. In 1993 the Army discharge Review Board denied the applicant's request to upgrade her discharge.
ARMY | BCMR | CY2008 | 20080006423
The applicant requests his records be corrected to show he transferred to the Retired Reserve on 28 October 1998. The applicant states he requested transfer to the Retired Reserve on 6 June 1998. Additionally, the applicant did not qualify for transfer to the Retired Reserve as a master sergeant since he had been discharged from his enlisted status when he accepted appointment as a WO1.
ARMY | BCMR | CY2008 | 20080006424
Application for correction of military records (with supporting documents provided, if any). 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 AR20060014067, on 26 April 2007. The applicant provides as new evidence a copy of his criminal record and a letter from a friend.
ARMY | BCMR | CY2008 | 20080006427
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. He would never have gone AWOL if his command had done its job and taken care of him as a Soldier. 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 | 20080006430
The applicants military records are not available to the Board for review. Army Regulation 600-8-22 (Military Awards) states that the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. 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...
ARMY | BCMR | CY2008 | 20080006434
The applicant requests, in effect, that his military records be corrected to show that he served as an Infantryman with the 2nd Infantry Division instead of as a Cook with the 32nd Infantry Regiment. The applicant also provided an undated letter which appears to be from his brother, which essentially stated that he served in the Korean conflict along with the applicant, and that a desk clerk made an error on the applicant's DD Form 214 by stating that the was a Cook during the Korean War. ...
ARMY | BCMR | CY2008 | 20080006435
He also requests a copy of the records used by the Board to make the previous decision in his case. 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 AR20070012800, on 5 February 2008. The applicant offers new argument, stating simply that he did not know about the statute of limitations; that his commanders knew of his drinking...
ARMY | BCMR | CY2008 | 20080006437
With respect to award of the Air Medal, the applicant's record is void of his flight record and there are no general orders that show the applicant was awarded the Air Medal. Therefore, there is insufficient evidence upon which to base award the applicant the Air Medal in this case. With respect to award of the Aircraft Crewmember Badge, the evidence of record shows that the applicant was awarded MOS 67A on 26 June 1969 and performed duties of gunner from 9 June 1969 to 4 December 1969.
ARMY | BCMR | CY2008 | 20080006438
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. However, according to his records, he was discharged under the provisions of Army Regulation 635-40, by reason of a physical disability and he was assigned an RE-4 code, which means that he was not qualified for continued service at the time of his discharge. The applicant was assigned an RE code to...