ARMY | BCMR | CY2008 | 20080008471
On 26 October 1970, the applicant consulted with legal counsel and was advised of the basis for the contemplated trial by court-martial, the maximum permissible punishment authorized under the UCMJ, the possible effects of an under other than honorable conditions discharge, and of the procedures and rights that were available to him. On 13 March 1975, the Army Discharge Review Board denied the applicants request for an upgrade of his discharge. The Manual for Courts-Martial provides for a...
ARMY | BCMR | CY2008 | 20080008477
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 Combat Infantryman Badge. Further, the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat. This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must...
ARMY | BCMR | CY2008 | 20080008484
The applicant requests, in effect, that his undesirable discharge be upgraded to an honorable 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. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2008 | 20080008486
The applicant's military records show that he enlisted in the Regular Army on 14 November 1967. In a letter, dated 24 April 1975, the applicant's commanding officer advised him that he intended to recommend him for discharge under the provisions of Army Regulation 635-206 by reason of conviction and sentence by a civil court, and that he may receive an undesirable discharge as a result of this action. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a...
ARMY | BCMR | CY2008 | 20080008488
Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined. Therefore, his records should be corrected to show award of the Afghanistan Campaign Medal. As a result, the Board...
ARMY | BCMR | CY2008 | 20080008489
The applicant requests that his records be corrected to show that he was awarded the Presidential Unit Citation (PUC), qualification with the .50 caliber machinegun and all other awards to which he is entitled. The applicant states, in effect, that his records should be corrected to reflect all awards to which he is entitled to receive. After carefully examining the applicants record of service, it was determined that the applicant should have received the GCMDL for his service from 23...
ARMY | BCMR | CY2008 | 20080008493
On 17 July 2991, the appropriate authority approved the recommendation for discharge under the provisions of Chapter 14 of Army Regulation 635-200, waived the requirement for rehabilitative transfer, and directed the applicant's service be characterized as under other than honorable conditions. A review of the applicant's record of service shows the applicant did not meet the standards of acceptable conduct and performance of duty for Army personnel. ABCMR Record of Proceedings (cont)...
ARMY | BCMR | CY2008 | 20080008494
The applicant requests award of the Korea Defense Service Medal (KDSM), the Armed Forces Expeditionary Medal (AFEM), the Overseas Service Ribbon (OSR), and any other awards or decorations to which he is entitled. Army Regulation 600-8-22 (Military Awards) states that the KDSM is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the ROK. Army Regulation 600-8-22 (Military Awards) shows that the Overseas...
ARMY | BCMR | CY2008 | 20080008495
The applicant requests the service records of her mentally incompetent husband, a former service member (FSM), be corrected as follows: a. change his racial category from white to Native American; b. correct his last name on his NGB Form 22 (Report of Separation and Record of Service), with an effective date of 29 July 2004; c. list all of his awards and decorations on his retirement DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 6 January 2006;...
ARMY | BCMR | CY2008 | 20080008498
There are no orders in the applicant's military service records awarding him the Bronze Star Medal. The applicant's military records do not contain any orders awarding the applicant the Bronze Star Medal and the review of ADCARS did not provide any copies of orders. 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 | 20080008501
IN THE CASE OF: BOARD DATE: 19 August 2008 DOCKET NUMBER: AR20080008501 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. However, he was issued an Undesirable Discharge Certificate on 10 December 1971 in pay grade E-1 under the provisions of Army Regulation 635-200, Chapter 10, for the good of the service. However, the applicant requested discharge in lieu of court-martial and acknowledged at that time that he could receive an undesirable discharge and the effects of an undesirable discharge.
ARMY | BCMR | CY2008 | 20080008502
The applicant requests, in effect, that his DD Form 214 be corrected to reflect his correct date of birth (DOB), his correct county and his correct address at the time and that any awards to which he is entitled be added to that document. He was awarded the Korean Service Medal with two bronze service stars, the United Nations Service Medal and the Combat Infantryman Badge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2008 | 20080008504
IN THE CASE OF: BOARD DATE: 21 August 2008 DOCKET NUMBER: AR20080008504 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. On 23 June 1988, the applicant's commander initiated action to administratively discharge him for misconduct under the provisions of chapter 14, Army Regulation (AR) 635-200. The character of the discharge is actually lenient considering the applicant's overall record of military service.
ARMY | BCMR | CY2008 | 20080008505
The applicant's DD Form 214 (Report of Separation from Active Duty) for the period ending 29 April 1979 shows he entered active duty on 9 March 1977. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty.
ARMY | BCMR | CY2008 | 20080008506
The applicant requests, in effect, that he be awarded the Purple Heart for wounds he suffered in combat in the Republic of Vietnam. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. This regulation also provides that there are no time limitations on requests for award of the Purple Heart.
ARMY | BCMR | CY2008 | 20080008507
Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. DISCUSSION AND CONCLUSIONS: The applicants contention that he should be awarded the Purple Heart, due to an injury he sustained to his chest was considered. While the sincerity of the applicant's claim to entitlement to award of the Purple Heart is not questioned, there is no evidence in the applicant's military records, and the...
ARMY | BCMR | CY2008 | 20080008508
The applicant requests that item 12d (Total Prior Active Service) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 24 October 1999 be corrected. There is no evidence in the applicant's service personnel records which shows she served 3 years and 7 days of active service prior to being ordered to active duty on 12 March 1999. ______xxx_ _ _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings...
ARMY | BCMR | CY2008 | 20080008511
The applicants records do not contain general orders awarding him the Air Medal. The evidence of 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. awarding the applicant the Air Medal with Numeral 8 for participating in aerial flight in the Republic of Vietnam from January 1971 to December 1971; and b. showing award of the Air Medal (Numeral 8), the...
ARMY | BCMR | CY2008 | 20080008513
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. __________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...
ARMY | BCMR | CY2008 | 20080008515
The applicant requests correction of his records to show he elected to enroll in the Survivor Benefit Plan, spouse coverage, within one year of his marriage. There is no indication that the applicant was married at the time of retirement or that he made an SBP election. On 24 March 2008, by letter, the applicant notified the Retired and Annuity Pay Office at DFAS that he was interested in becoming an active participant in the SBP and that he was willing to pay back premiums from the date...
ARMY | BCMR | CY2008 | 20080008516
Army Regulation 600-8-22 provides, in pertinent part, for award of the Armed Forces Expeditionary Medal for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance to friendly foreign nations. The applicant contends, in effect, that his discharge document should be corrected to show he served in Bosnia in support of Operation Joint Guard from 13 August 1997 to 23 June 1998 and award of the...
ARMY | BCMR | CY2008 | 20080008519
Army Regulation 635-40 establishes the Army Physical Disability Evaluation System (PDES) and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating. The evidence of record confirms that a PEB, after examining all the medical evidence, determined the applicant was unfit for further service based on his back pain, chronic neck pain,...
ARMY | BCMR | CY2008 | 20080008520
The applicant requests correction of his military records to remove three records of nonjudicial punishment (NJP) and a Noncommissioned Officer Evaluation Report (NCOER) from his Official Military Personnel File (OMPF). Counsel requests, in effect, correction of the applicant's military records to remove three NJPs and one NCOER from his OMPF. There is no available evidence showing that the applicant appealed to the DASEB while on active duty to move the NJP he accepted on 18 April 2001 to...
ARMY | BCMR | CY2008 | 20080008524
Item 25 (Separation Authority) of the DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to the applicant upon separation indicates he was separated under the provisions of paragraph 14-12c (Commission of a serious offense) of chapter 14 (Separation for Misconduct) of Army Regulation 635-200. The SPD/RE Code Cross Reference Table indicates that RE code 3 is the proper code to assign members separated with SPD code JKQ. As a result, the Board recommends that all...
ARMY | BCMR | CY2008 | 20080008525
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On the same day, the applicants unit commander recommended approval of the applicants request for discharge under the provision of chapter 10, Army Regulation 635-200, with a UOTHC discharge. On 12 October 1977, the separation authority approved the applicants request, directed that the applicant be reduced to the lowest enlisted grade, that he be discharged under the provisions of Army Regulation 635-200, Chapter 10 and that he...
ARMY | BCMR | CY2008 | 20080008526
A discharge under other than honorable conditions was normally appropriate for a Soldier discharged under this chapter. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. After review of the evidence of this case, it is determined that the applicant has not presented sufficient evidence which warrants changing his UOTHC discharge to an honorable or a general discharge.
ARMY | BCMR | CY2008 | 20080008527
The available evidence shows that on 6 January 1996, a Medical Duty Review Board recommended the applicant be separated from the ALARNG as medically unfit for retention. On this same date, the applicant voluntarily completed a request for retirement effective 1 March 1996 because he was medically unfit for retention. The applicant requests disability retirement.
ARMY | BCMR | CY2008 | 20080008528
Application for correction of military records (with supporting documents provided, if any). The applicant requests that the Army Commendation Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). There is no evidence in the available records to show that the applicant was awarded the Army Commendation Medal; therefore, there is insufficient evidence on which to base adding it to his DD Form 214.
ARMY | BCMR | CY2008 | 20080008529
The applicant requests, in effect, correction of his discharge document to show he contributed to the Veterans Educational Assistance Program (VEAP). Therefore, considering all the evidence and information presented by the applicant, together with the evidence of record, there is no basis for granting the applicant's request for correction of Item 15a of his DD Form 214. While the Board does not dispute the fact that the applicant was told that his discharge document contained an error...
ARMY | BCMR | CY2008 | 20080008530
There is no indication in the applicants records that he applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge within that Boards 15 year statute of limitations. The evidence of record shows that the applicant was 17 years of age at the time of his enlistment and nearly 20 years of age at the time of his offenses. However, there is no evidence that indicates the applicant was any less mature than other Soldiers of the same age who successfully completed...
ARMY | BCMR | CY2008 | 20080008533
Special Orders Number 151, issued by Headquarters, 6th Battalion, 82nd Artillery Fort Bragg, North Carolina, dated 29 August 1968 show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). Special Orders show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), which is not shown on his separation document. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2008 | 20080008538
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 honorable conditions. The DD Form 214 he was issued at the time of his discharge shows that he was discharged for the good of the service with a character of service of under other than honorable conditions. Army...
ARMY | BCMR | CY2008 | 20080008539
He elected to participate in the Reserve Component SBP (RCSBP) for natural person with insurable interest coverage (his sister, age 52, born on 27 February 1941), option C. The front side of the DD Form 1883 stated, IMPORTANT: The decision you make with respect to participation in the Survivor Benefit Plan is a permanent irrevocable decision. The applicant's DD Form 149, dated 1 May 2008, is therefore accepted as sufficient to show he properly requested termination of his SBP natural...
ARMY | BCMR | CY2008 | 20080008541
The applicant's military record is not available to the Board for review. The NPRC file in this case is void of any orders or other documents that indicate the applicant was ever recommended for or awarded the BSM by proper authority while serving on active duty, and the applicant has failed to provide independent evidence supporting award of the BSM. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the...
ARMY | BCMR | CY2008 | 20080008546
On 27 October 1986, the unit commander notified the applicant of initiation of separation action under the provisions of chapter 14 of Army Regulation 635-200 (Enlisted Personnel Separations) by reason of misconduct commission of a serious offense for use of illegal drugs, with a general, under honorable conditions discharge. At the time of his offense, the applicant was 20 years old. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for...
ARMY | BCMR | CY2008 | 20080008547
There are no orders or other evidence in the applicants military service records showing he was awarded the Bronze Star Medal. Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualifying 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 by: a. awarding the applicant the Good Conduct Medal for exemplary...
ARMY | BCMR | CY2008 | 20080008552
The separation document (DD Form 214) issued to the applicant at the time confirms he was separated under the provisions of Chapter 10, Army Regulation 635-200, and that he completed a total of 2 years, 8 months and 22 days of active military service. At the time of the applicant's discharge, the issued of an UD was authorized. The evidence of record further shows the applicant voluntarily requested discharge to avoid a trial by court-martial that may have resulted in his receiving a...
ARMY | BCMR | CY2008 | 20080008553
The applicant requests that the character of service reflected on his Certificate of Release or Discharge from Active Duty (DD Form 214) be upgraded from uncharacterized to honorable. A review of the available records fails to show that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction...
ARMY | BCMR | CY2008 | 20080008554
Application for correction of military records (with supporting documents provided, if any). The applicants military service records show he was appointed as a Reserve commissioned officer of the Army, in the rank of Second Lieutenant (2LT)/pay grade O-1, on 16 December 1988. The evidence of record also shows that the applicant was promoted to the rank of LTC, effective and with a DOR of 8 January 2008.
ARMY | BCMR | CY2008 | 20080008555
The applicant's military personnel records are absent orders or any other evidence that he was awarded the Bronze Star Medal. The evidence of record shows that item 11c of the applicant's DD Form 214 shows he was inducted on 26 June 1967 and Item 11d shows he was separated from active duty on 8 August 1968. 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 Good Conduct Medal for exemplary...
ARMY | BCMR | CY2008 | 20080008556
The applicant requests that his promotion orders (Orders B-01-800898, dated 31 January 2008) be amended to show his date of rank (DOR) to lieutenant colonel (LTC) as 21 December 2007 or the earliest possible date following the release of board results. The commanding officer stated the applicant was assigned to an LTC position as of 15 August 2007 and his promotion effective date should be 21 December 2007 (the approval date of the board). As a result, the Board recommends that all...
ARMY | BCMR | CY2008 | 20080008557
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 Secretary of the Army, acting through the ABCMR. However, if in fact the applicant's fiancé did pass away suddenly, there is no evidence in...
ARMY | BCMR | CY2008 | 20080008558
The separation document (DD Form 214) he was issued shows he was separated under the provisions of chapter 14-12c, Army Regulation 635-200, by reason of misconduct-drug abuse. There is no evidence of record or independent evidence provided by the applicant that shows he suffered from a mentally or physically disabling condition that rendered him unfit for further service at the time of his discharge. Operating under its own policies and regulations, the VA awards ratings because a medical...
ARMY | BCMR | CY2008 | 20080008559
Application for correction of military records (with supporting documents provided, if any). The regulation in effect at the time provided for entering only the PMOS held on the date of separation in Item 23a of the DD Form 214. As a result, given the regulation in effect at the time of his discharge provided no provisions for entering secondary or additional MOSs in Item 23a of the DD Form 214, and since it appears he never actually worked in position authorized either of the MOSs in...
ARMY | BCMR | CY2008 | 20080008560
Most of the applicants Regular Army records are not available to the Board for review. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. Therefore, 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 | 20080008561
Army Regulation 600-8-22 also provides, in pertinent part, that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. Therefore, he is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and correction of his military records to show this unit award. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2008 | 20080008564
IN THE CASE OF: BOARD DATE: 26 August 2008 DOCKET NUMBER: AR20080008564 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of Items 4a (Grade, Rate or Rank) and 4b (Pay Grade) of his DD Form 214 (Certificate of Release or Discharge From Active Duty) with effective date of 30 May 2006. The applicant provides his DD Form 214 and a page from his Integrated Personnel Electronic Records Management (iPERMS) record.
ARMY | BCMR | CY2008 | 20080008565
The applicant requests, in effect, that his DD Form 214 (Report of Separation from Active Duty) be corrected to show he was relieved from active duty for training (ADT) for medical reasons and to show his correct dates and amount of service. The evidence of record shows the applicant completed a relief from ADT physical examination on 8 May 1974 and was found qualified for separation. ______xxxx____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the...
ARMY | BCMR | CY2008 | 20080008567
The evidence of record shows that the applicant was awarded the Silver Star and the Army Commendation Medal. There is no evidence of record to show the applicant was awarded the Combat Infantryman Badge. 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 Silver Star, the Army Commendation Medal, the Combat Infantryman Badge, two awards of the Republic of Vietnam Gallantry Cross with Palm...
ARMY | BCMR | CY2008 | 20080008570
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. On 5 February 1993, the applicant concurred with the EPSBD proceedings and requested to be discharged from the Army without delay. Department of Defense Directive 1332.14, Subject: Enlisted Administrative Separations, states that, for the...