ARMY | BCMR | CY2008 | 20080009039
The applicant requests, in effect, that his separation document (DD Form 214) be corrected to show that he served 2 years of active duty. However, Item 22 of his DD Form 214, Net Service This Period, shows the applicant served 1 year, 7 months and 6 days of active duty. However, the applicant did not ask for this date to be corrected, and the Board cannot make a correction which is not requested by an applicant.
ARMY | BCMR | CY2008 | 20080009042
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 Purple Heart. The applicant states that he was wounded in the Republic of Vietnam and would like to have the Purple Heart to show his children. The evidence provided by the applicant is not sufficient in that there is no corroborating evidence of record showing that the applicant received any medical treatment for wounds received in action.
ARMY | BCMR | CY2008 | 20080009046
Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. It is noted that the ADRB upgraded the applicants undesirable discharge to a general under honorable conditions discharge under the SDRP.
ARMY | BCMR | CY2008 | 20080009047
The applicant requests, in effect, that his discharge under other than honorable conditions be upgraded to an honorable or general discharge. On or about 3 June 1977, the applicant voluntarily requested discharge for the good of the service under the provisions of Chapter 10 (Discharge in Lieu of Trial by Court-Martial), Army Regulation 635-200 (Enlisted Personnel), and understood that he could request discharge for the good of the service because charges had been preferred against him...
ARMY | BCMR | CY2008 | 20080009048
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 office, grade, rank, or rating. The PEB is required by law to determine the physical disability rating using the Veterans Schedule for Rating Disabilities (VASRD). In the applicant's case, there is no evidence that his left...
ARMY | BCMR | CY2008 | 20080009050
The applicant states, in effect, that if he had served 12 years of active service and 8 years of service in the United States Army Reserve (USAR) he would be eligible; however, because he served 14 years of active service and 6 years of USAR service, he is being unjustly denied his retirement. It states, in pertinent part, that to be eligible for Retired pay, a person must have attained age 60, have completed a minimum of 20 qualifying years of service and have served the last 8 years...
ARMY | BCMR | CY2008 | 20080009052
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 indication the applicant applied to the Army Discharge Review Board within its 15-year statute of limitations. Since the applicants third child had been born prior to his entry onto active duty, the applicant was considered to have had a wife and three dependent children.
ARMY | BCMR | CY2008 | 20080009054
The applicant requests, that her uncharacterized discharge be changed to an honorable or a general discharge. A review of the available records does not show that the applicant ever applied to the Army Discharge Review Board for an upgrade of her discharge within that board's 15-year statute of limitations. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
ARMY | BCMR | CY2008 | 20080009056
IN THE CASE OF: BOARD DATE: 18 September 2008 DOCKET NUMBER: AR20080009056 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that her discharge orders be changed to show she was discharged on 26 June 2007. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending her 6 June 2007 orders discharging her from the U. S. Army Reserve to show her effective date of discharge as 25 June 2007; and b....
ARMY | BCMR | CY2008 | 20080009058
There are no orders in the applicants military service records that show he was awarded the Bronze Star Medal and his DA Form 20 does not list the Bronze Star Medal in Item 41 (Awards and Decorations). Therefore, it would be appropriate to correct his records to show award of 3 bronze service stars to be affixed to his 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...
ARMY | BCMR | CY2008 | 20080009060
In the alternative he requests that he be granted a Medical Evaluation Board (MEB) for the purpose of determining whether his Post Traumatic Stress Disorder (PTSD) caused him not to meet retention standards while he was on active duty followed by referral to an informal Physical Evaluation Board (PEB) for determination of whether his PTSD rendered him unfit for duty; thereafter, that he be medically retired based on his total disability to include his PTSD and previously rated right knee and...
ARMY | BCMR | CY2008 | 20080009065
Application for correction of military records (with supporting documents provided, if any). In effect, she requests that her foreign service dates be entered in Item 18 (Remarks) of her DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by entering the following statement in Item 18 of the individuals DD Form 214, SERVICE IN KUWAIT FROM 20041227 to 20051122."
ARMY | BCMR | CY2008 | 20080009075
The applicant requests correction of her husband's records, a deceased former service member (FSM), to show award of the Purple Heart. Item 41 (Awards and Decorations) of the FSM's DA Form 20 does not show award of the Purple Heart. In the absence of evidence that the FSM was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.
ARMY | BCMR | CY2008 | 20080009079
The applicant requests, in effect, that his military records be corrected to show that he retired early under the Temporary Early Retirement Authority (TERA). The law stated, in pertinent part, that During the active force drawdown period, the Secretary of the Army may apply the provisions of Section 3914, Title 10, United States Code to allow early retirement of an enlisted member with at least 15 years but less than 20 years of service. Since the applicant was discharged in 1985 with...
ARMY | BCMR | CY2008 | 20080009082
He had served 2 years, 10 months and 10 days of total active service and his DD Form 214 issued at the time of his REFRAD indicates that he had served in Haiti from 19 September 1994 to 18 January 1995. The applicant has provided sufficient evidence at this time to establish that he served in Somalia in support of Operation Restore Hope from 1 August 1993 to 31 December 1993. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2008 | 20080009084
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that his undesirable discharge (UD), characterized as under other than honorable conditions (UOTHC), be upgraded to a general discharge or medical discharge. In view of the circumstances in this case, the applicant is not entitled to an upgrade of his UD, characterized as UOTHC, to a general discharge or a medical discharge.
ARMY | BCMR | CY2008 | 20080009091
The regulation states the reason for discharge based on separation code LBK is Completion of Required Active Service and the regulatory authority is Army Regulation 635-200, chapter 4. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. Evidence of record shows the applicant was a PV2/E-2 with three years service at the time of his separation.
ARMY | BCMR | CY2008 | 20080009099
The applicant's 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 amending item 33 of his WD AGO Form 53-55 by deleting the current list of awards and replacing it with the entry "Bronze Star Medal 1st Oak Leaf Cluster (2nd Award), Army Good Conduct Medal, American Defense Service Medal, American Campaign Medal, European-African-Middle Eastern Campaign Medal with 3...
ARMY | BCMR | CY2008 | 20080009109
The applicant requests, in effect, correction of his military service records to show his correct date of birth (DOB). The applicant contends, in effect, that the DOB recorded in his military personnel records should be corrected to show he was born on # February 19#6. The evidence of record shows that the applicant's military personnel records consistently show his DOB as # February 19#7.
ARMY | BCMR | CY2008 | 20080009112
He further states that he thought that the Combat Infantryman Badge was already in his military records, and that a first sergeant in Okinawa in 1969 indicated to him that he was authorized to wear the Combat Infantryman Badge. He further stated that he thought that the Combat Infantryman Badge was already in his military records, and that a first sergeant in Okinawa in 1969 indicated to him that he was authorized to wear the Combat Infantryman Badge. Although the applicant possessed and...
ARMY | BCMR | CY2008 | 20080009113
Furthermore, Item 38 (Record of Assignment) of the applicants DA Form 20 (Enlisted Qualification Record) shows the applicants conduct and efficiency ratings were Excellent throughout his military service. 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. The evidence of record shows the applicant was awarded the Vietnam Service Medal.
ARMY | BCMR | CY2008 | 20080009115
Attorney, as counsel for the applicant, requests, in effect, reconsideration of the applicant's earlier request to the Army Board for Correction of Military Records (ABCMR) for award of two years of additional constructive credit for obtaining her Master degree in Business Administration (MBA) in Health Care Leadership. 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...
ARMY | BCMR | CY2008 | 20080009117
The statement of support provided by the applicant is new evidence that will be considered by the Board. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained as a result of hostile action. The applicants service medical records are available.
ARMY | BCMR | CY2008 | 20080009118
On 2 June 1976, the applicants immediate commander notified the applicant of his intent to initiate separation action against him in accordance with chapter 13 of Army Regulation (AR) 635-200 (Personnel Separations), for misconduct. On 13 September 1976, the separation authority ordered the applicant discharged from the Army under the provisions of chapter 13-5b(1) of AR 635-200 for misconduct, and directed he be furnished a General Discharge Certificate. The evidence of record further...
ARMY | BCMR | CY2008 | 20080009122
The applicant's Military Personnel Records Jacket (MPRJ) contains no orders, or other documents that indicate he was recommended for, or awarded the Purple Heart. The journal also shows that the applicant was the Soldier for whom the "Dust Off" was requested and mentions "frag[mentation] wounds. Therefore, there is sufficient evidence available to award the applicant the Purple Heart and correct his records to show this award. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2008 | 20080009123
IN THE CASE OF: BOARD DATE: 09 SEPTEMBER 2008 DOCKET NUMBER: AR20080009123 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 AR20070004098, on 9 August 2007. Although it appears the applicant received treatment for an injury to his finger in September 1969, this treatment is not recorded...
ARMY | BCMR | CY2008 | 20080009124
IN THE CASE OF: BOARD DATE: 18 September 2008 DOCKET NUMBER: AR20080009124 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, reconsideration of his request for correction to item 30 (Military Occupational Specialty and Number [MOS]), of his WD AGO Form 53-55 (Honorable Discharge), to show his correct MOS as "Light Weapons NCO 1812" instead of the entry "Heavy Mortar Crewman 1607." The applicants WD AGO Form 100 (Separation Qualification Record), Military...
ARMY | BCMR | CY2008 | 20080009125
IN THE CASE OF: BOARD DATE: 29 July 2008 DOCKET NUMBER: AR20080009125 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. By letter dated 20 July 1951, Headquarters, 31st Infantry Regiment, transmitted the applicants Bronze Star Medal with V device orders to the 8068th Replacement Battalion. Nevertheless, there is no evidence of record to show the applicant was wounded while in Korea.
ARMY | BCMR | CY2008 | 20080009127
The applicant essentially states that there is no error or injustice in his military record, but asks that the Army Board for Correction of Military Records (ABCMR) upgrade his discharge, citing his length of service and him receiving an honorable discharge prior to his discharge under other than honorable conditions. In an undated letter, the applicant's commanding officer notified him of his intention to initiate action under the provisions of Chapter 14 (Separation for Misconduct), Army...
ARMY | BCMR | CY2008 | 20080009130
On 7 September 2004, the applicant was considered by a Medical Evaluation Board (MEB). The DD Form 214 he was issued, shows he was honorably discharged from active duty in accordance with paragraph 4-24B(3) of Army Regulation (AR) 635-40 (Physical Evaluation for Retention, Retirement, or Separation), by reason of disability with entitlement to severance pay. The evidence of record shows that the applicant completed various periods of service in the Regular Army, ARNG, and USAR, and that...
ARMY | BCMR | CY2008 | 20080009131
He also claims that his medical records were classified and sealed and not made available to the Army Medical Board for rating consideration and although his medical conditions had not yet stabilized, he was discharged with only a 20% disability rating and was denied medical care at the Department of Veterans Affair (VA). He further states that based on the fact that he was incorrectly rated by the Army, he believes that his discharge by reason of physical disability should be voided and...
ARMY | BCMR | CY2008 | 20080009133
Application for correction of military records (with supporting documents provided, if any). The evidence of record shows the applicant was awarded MOS 43D on 19 February 1965 and he held this MOS throughout his military service. There is no evidence in the available record and the applicant did not provide any substantiating evidence that shows he was trained in a different MOS.
ARMY | BCMR | CY2008 | 20080009134
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 26 March 1967 to show award of the Combat Infantryman Badge. However, his military records do not show he held and served in MOS 11B, 11C, 11F, 11G, or 11H during his military service in Vietnam. Therefore, there is insufficient evidence to show he is authorized award of the Combat Infantryman Badge.
ARMY | BCMR | CY2008 | 20080009135
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant states that the Board in a previous decision on 14 November 2006, granted him a promotion to the rank of PFC effective 19 October 1945 and he desires to receive all back pay and allowances for that promotion, regardless of the amount. 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 | 20080009139
The applicant requests, in effect, correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Service Ribbon; the Iraqi Campaign Medal; the Global War on Terrorism Expeditionary Medal; the Army Commendation Medal; the National Defense Service Medal; and the Driver and Mechanic Badge with Driver-W (for wheeled vehicles) and Driver-T (for track vehicles) Bars. The evidence of record further shows the applicant is entitled to award of the...
ARMY | BCMR | CY2008 | 20080009140
IN THE CASE OF: BOARD DATE: 23 September 2008 DOCKET NUMBER: AR20080009140 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, award of the Combat Infantryman Badge (CIB), and all other awards to which he may be entitled. The evidence of record in this case, while showing the applicant held an infantry MOS and served in a qualifying infantry unit, the evidence does not confirm his active participation in ground combat with his unit.
ARMY | BCMR | CY2008 | 20080009142
On 9 September 1993, the applicant was discharged from the Army with a bad conduct discharge under the provisions of chapter 3 of Army Regulation 635-200 (Personnel Separations), by reason of court-martial. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. However, given the seriousness of the offenses for which he was convicted and his rank at the time, it is determined that his service was not sufficiently...
ARMY | BCMR | CY2008 | 20080009143
Application for correction of military records (with supporting documents provided, if any). Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation. As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by adding the BSM and the Republic of Vietnam Gallantry Cross with Palm...
ARMY | BCMR | CY2008 | 20080009145
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his official records be corrected to show he changed his legal name from "Carol A. R_____" to "Johnny D. R_____" and that his gender changed from female to male. The applicant requests that his official records be corrected to show he changed his legal name and that his gender changed from female to male.
ARMY | BCMR | CY2008 | 20080009147
The applicant requests, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be amended to add the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Expert Marksmanship Qualification Badge with Automatic Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and two bronze service stars to be worn on his Vietnam Service Medal. The applicant departed Vietnam on 25 January 1970 after being credited with...
ARMY | BCMR | CY2008 | 20080009148
Application for correction of military records (with supporting documents provided, if any). There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. In the absence of orders or other evidence of record showing that the applicant was injured or treated for wounds as a result of hostile action in Vietnam, the Standard Form 89 provided by the applicant is not sufficient as a basis for...
ARMY | BCMR | CY2008 | 20080009149
The applicant requests that the records of his deceased brother, a former service member (FSM), be corrected to show award of the Purple Heart. Item 38 (Record of Assignments) of the FSM's DA Form 20 (Enlisted Qualification Record) does not indicate that he was a patient as a result of injuries/wounds received during his service in the Republic of Vietnam. DISCUSSION AND CONCLUSIONS: There are no general orders that show the FSM was awarded the Purple Heart and there is no evidence in his...
ARMY | BCMR | CY2008 | 20080009150
However, his DD Form 214 shows he was discharged on 4 December 1990 under the provisions of chapter 10 of Army Regulation (AR) 635-200 (Personnel Separations), in lieu of a court-martial with a character of service of under other than honorable conditions. 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. AR 635-200, paragraph 3-7a, provides that an...
ARMY | BCMR | CY2008 | 20080009153
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. The authority for the applicant's discharge indicates that he requested a discharge instead of going to trial. 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 | 20080009155
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that his undesirable discharge (UD), characterized as under other than honorable conditions (UOTHC), be upgraded. There is no evidence that the applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge within its 15-year statute of limitations.
ARMY | BCMR | CY2008 | 20080009173
The evidence of record shows the applicant met the criteria for award of the Good Conduct Medal; however, this award is not shown on DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the Good Conduct Medal, for the period 21 September 1965 to 20 September 1968; two bronze service stars to be affixed to his already-awarded Vietnam Service Medal; the Republic of Vietnam Gallantry Cross,...
ARMY | BCMR | CY2008 | 20080009185
The applicant requests, in effect, that his military records be corrected to show that he was transferred to the Retired Reserve and issued a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter). The evidence of record shows that the applicant did not complete 20 qualifying years of service for retired pay. As there is no evidence in the applicant's military records, and the applicant failed to provide any evidence which shows that he is entitled to retired pay, or that...
ARMY | BCMR | CY2008 | 20080009192
Application for correction of military records (with supporting documents provided, if any). However, the CAR is authorized to be awarded only to members of the United States Navy, Marine Corps, and Coast Guard, there are no provisions allowing for award of the CAR to Army personnel. As a result, there is an insufficient evidentiary basis to support award of any of these combat skill badges to the applicant based on his combat service in the RVN.
ARMY | BCMR | CY2008 | 20080009195
The applicant requests that his father's, a former service member (FSM), military records be corrected to show that he was authorized the Asiatic-Pacific Campaign Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Item 33 of the FSM's WD AGO Form 53-55 to show he was authorized the Asiatic-Pacific Campaign Medal and the World War II Victory Medal. ___________X______________ CHAIRPERSON I certify that herein...
ARMY | BCMR | CY2008 | 20080009196
In addition, the available evidence fails to show that the applicant was issued a DD Form 214, or any other document, separating him from active duty in the RA and/or discharging him from the U.S. Army. In view of all of the foregoing, and based on the fact the applicant waived consideration of his case by an administrative separation board contingent upon receiving a characterization of service or description of separation no less favorable than General Under Honorable Conditions, and...