ARMY | BCMR | CY2008 | 20080001161
The applicant states, in effect, that he was selected for promotion to the rank of colonel by an SSB and that his promotion was not confirmed by the Senate. Although the Office of the Under Secretary of Defense stated that the promotion packet may be reconsidered by the Senate, there is no appeal process for promotions which are not Senate confirmed. The applicant further requested that the ABCMR promote him to the rank of colonel without Senate Confirmation.
ARMY | BCMR | CY2008 | 20080001162
There is no evidence of record to show that applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge. Army Regulation 635-200 is the current regulation that governs the separation of enlisted personnel. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2008 | 20080001164
The applicant requests, in effect, that his undesirable discharge be upgraded to a general discharge. This lawyer was also informed that the applicant desired to submit a request for 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). In his request for discharge, the applicant also acknowledged that he understood that, if his request for discharge was accepted, he could be...
ARMY | BCMR | CY2008 | 20080001168
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 April 2008 DOCKET NUMBER: AR20080001168 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2008 | 20080001169
On 18 June 1963, the separation authority approved the recommendation for separation and directed that he be issued 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. Since the applicants record of service included a bar to reenlistment, six nonjudicial punishments, and two summary court-martial convictions, his record of service was not satisfactory and did...
ARMY | BCMR | CY2008 | 20080001174
The applicant requests that the social security number (SSN) reflected throughout his official military record be changed. The DD Form 214 that he was furnished at the time of his discharge reflects the same SSN that he used at the time of his enlistments and throughout his Army service. The SSN that the applicant used at the time of his enlistments and throughout his Army service are the same.
ARMY | BCMR | CY2008 | 20080001178
The applicant requests correction of her records to show award of the Good Conduct Medal and the Army of Occupation Medal with Japan Clasp. Therefore, there is insufficient evidence to award the applicant the Army of Occupation Medal with Japan Clasp in this case. 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 (1st Award) for exemplary behavior, efficiency, and fidelity...
ARMY | BCMR | CY2008 | 20080001180
Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the Good Conduct Medal (1st Award) based on completion of qualifying service ending with the termination of a period of Federal military service and to correct his records to show this award. The evidence of record shows that the applicant served a qualifying period for award of the National Defense Service Medal; therefore, he is entitled to correction of his records...
ARMY | BCMR | CY2008 | 20080001181
The applicant's military personnel record shows he was inducted into the Army of the United States on 3 June 1969. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the award of the Air Medal. _______ _ X_______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ARMY | BCMR | CY2008 | 20080001184
The applicant requests correction of his records to show award of the Bronze Star Medal. The applicant's records do not contain General Orders showing he was awarded the Bronze Star Medal. The evidence of record shows the applicant was awarded the Vietnam Service Medal.
ARMY | BCMR | CY2008 | 20080001186
Application for correction of military records (with supporting documents provided, if any). The evidence clearly shows that the applicant was awarded an infantryman military occupational specialty and was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam. Therefore, his request for award of the Combat Infantryman Badge should not be granted.
ARMY | BCMR | CY2008 | 20080001189
Application for correction of military records (with supporting documents provided, if any). The applicant states, in effect, that there is no record of his service in Panama in his record, and he wishes to have his DD Form 214 reflect this service and to be provided a copy of his orders. Item 12f (Foreign Service) shows he completed no overseas service during his tenure on active duty, and Item 18 (Remarks) is void of an entry documenting any deployed service with his unit.
ARMY | BCMR | CY2008 | 20080001190
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 it is in the interest of justice to excuse the applicants failure to timely file. The majority of the applicants military records are not available for review. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2008 | 20080001191
The applicant requests, in effect, reconsideration of his previous request to upgrade his under other than honorable conditions (UOTHC) discharge in order to receive Department of Veterans Affairs (DVA) benefits to go to school, and that he be issued two separate DD Forms 214 (Certificate of Release or Discharge from Active Duty) for prior periods of honorable service. Evidence of record shows that prior to the applicant's separation on 17 May 1999, Army Regulation 635-5 specified that DD...
ARMY | BCMR | CY2008 | 20080001192
The applicant requests that item 4a (Grade, Rate or Rank) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be amended to show his rating of Jr/3rd Assistant Engineer. The applicant provides his DD Form 214; his Certificate of Discharge, Army Transport Service; and a letter, dated 4 April 2003, from the U. S. Army Reserve Personnel Command. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending...
ARMY | BCMR | CY2008 | 20080001193
He also requests that two awards of the Army Achievement Medal, the Good Conduct Medal, the Noncommissioned Officers Professional Development Ribbon, the National Defense Service Medal, and the Expert Marksmanship Qualification Badge with Pistol Bar be added to this DD Form 214. Since the applicant was promoted to E-4 in the USAR in MOS 64C on 29 April 1985, one year after his release from active duty, there is no basis for amending items 4a, 4b, and 11 on his DD Form 214 for the period...
ARMY | BCMR | CY2008 | 20080001195
The applicants military records are not available to the Board for review. The applicant's available records show he was issued an AGO Form 01254 on 17 May 1949 to establish and document his honorable active military service. Regrettably, absent evidence which conclusively shows that the applicant sustained wounds or injuries as a result of hostile action, and that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official...
ARMY | BCMR | CY2008 | 20080001201
There is no evidence which shows the applicant applied for former spouse SBP coverage for his former spouse within 1 year of their divorce. This document essentially states that the applicant erroneously listed her to receive SBP benefits on a previous DD Form 2656-6, but at that time, the applicant had forgotten that he was not able to do so legally because of a court order as part of his prior divorce. However, on the basis of equity, it would be appropriate to correct the applicant's...
ARMY | BCMR | CY2008 | 20080001206
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the MUC 1OLC, the RVNGC w/Palm Unit Citation and four bronze service stars for wear on his already awarded VSM. ___ XXX ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...
ARMY | BCMR | CY2008 | 20080001208
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Armed Forces) and DA Form 2-1 (Personnel Qualification Record) to show award of the Army Achievement Medal (3rd Oak Leaf Cluster), the Good Conduct Medal (2nd Award), and the Armed Forces Expeditionary Medal. Therefore, in the absence of permanent orders that show he was awarded his fourth award of the Army Achievement Medal, the certificate provided by the applicant is insufficient by...
ARMY | BCMR | CY2008 | 20080001212
The applicant's records show that he served in the Republic of Vietnam during the period 6 April 1967 to 30 March 1968. The clinical record form also states that "the Purple Heart was awarded per General Orders 194, dated 11 December 1967, Headquarters, 24th Evacuation Hospital." 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 10 December 1967,...
ARMY | BCMR | CY2008 | 20080001222
Counsel requests that the applicant be allowed to appear before a formal Physical Evaluation Board (PEB). Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability. The evidence of record shows he later withdrew his request for a formal hearing by a telephone conversation with his military legal counsel.
ARMY | BCMR | CY2008 | 20080001230
Director Analyst The following members, a quorum, were present: Chairperson Member Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons. The...
ARMY | BCMR | CY2008 | 20080001237
The applicant requests that his records be corrected to reflect his awards of the Bronze Star Medal (BSM), the Combat Infantryman Badge (CIB), the Good Conduct Medal (GCMDL) and any other awards to which he is entitled and were not listed on his DD Form 214. However, after carefully examining the applicants record of service, it was determined that the applicant should have received the GCMDL for his service from 21 June 1965 through 12 June 1968. As a result, the Board recommends that...
ARMY | BCMR | CY2008 | 20080001239
To this day he suffers from cold feet trying to sleep, even while wearing socks or an extra blanket over his feet. The applicant provided an information paper on frostbite which stated that frostbite can be a serious condition. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to amend his WD AGO Form 53-98 to add the POW Medal and to show he is eligible to wear two bronze service stars on his already-awarded...
ARMY | BCMR | CY2008 | 20080001240
The applicant states that he was not selected for promotion to captain because the board had no record of his completion of the Officer Basic Course (OBC). The opinion pointed out that if the applicant was selected he would be promoted to captain with a date of rank of 21 July 1996, based on the seven years time in grade requirement. If selected and promoted with a date of rank prior to 1 July 1997, the applicant would be eligible for promotion consideration to major by a DA Special...
ARMY | BCMR | CY2008 | 20080001253
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 May 2008 DOCKET NUMBER: AR20080001253 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Although he was subsequently discharged from the Army, with severance pay on 15 August 2007, his DD Form 214 was appropriately prepared at the time that he was REFRAD and placed on the TDRL. The applicant was not on...
ARMY | BCMR | CY2008 | 20080001254
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Combat Infantryman Badge. The opinion does note that the exigencies of combat may require non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers are taught but it is not a basis for the award of the Combat Infantryman Badge. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual...
ARMY | BCMR | CY2008 | 20080001255
This document shows that, at the time of the applicant's assignment to the 1st Battalion, 11th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army General Orders Number 41, dated 1972. Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized...
ARMY | BCMR | CY2008 | 20080001257
He states his discharge was upgraded but his RE code was not changed. The applicant's military personnel record shows he enlisted, at the age of 21, in the Regular Army on 2 August 2000 for a period of 4 years. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), then in effect, prescribed the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be...
ARMY | BCMR | CY2008 | 20080001259
National Guard Regulation 600-100, paragraph 10-15b states that temporary Federal Recognition may be granted by an Federal Recognition Board to those eligible when the board finds that the member has successfully passed the examination prescribed herein, has subscribed to the oath of office, and has been appointed by a State order for assignment to a position vacancy in a federally recognized unit of the ARNG. There is no evidence the NVARNG forwarded a Federal Recognition packet to the...
ARMY | BCMR | CY2008 | 20080001262
Powers Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant has provided convincing evidence showing that he was erroneously awarded the Joint Service Achievement Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing the Joint Service Achievement Medal Certificate and Citation, issued on 15 November 2007, from his OMPF.
ARMY | BCMR | CY2008 | 20080001263
The applicant requests removal of a DA Form 2627 [Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)], dated 2 March 1981, from his Official Military Personnel File (OMPF). Paragraph 3-15c(3a) of regulation in effect at the time, states, in pertinent part, that in cases of persons serving on active duty in an enlisted status and having completed 3 years or less of active Federal military service at the time of the offense alleged, except for originals designated...
ARMY | BCMR | CY2008 | 20080001264
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 April 2008 DOCKET NUMBER: AR20080001264 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. He was issued a RE Code of RE-3B. 9. Notwithstanding the action by the Board to award the applicant the AGCM, the applicant was properly issued an RE Code of RE-3B based on his having lost time during his last period...
ARMY | BCMR | CY2008 | 20080001276
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. The applicant has failed to show through the evidence submitted and the evidence of record that his RE Code is incorrect or that there is sufficient reason to warrant a change of his RE Code. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it...
ARMY | BCMR | CY2008 | 20080001278
The applicant states, in effect, that his records should be corrected to reflect that he retired in the rank of SGM E-9 because he was legally promoted and even if there are no financial awards granted, he deserves the title. A review of the applicants official records failed to reveal a copy of the promotion orders or any indication that the promotion to the pay grade of E-9 was ever effected. Paragraph 7-52 of the regulation in effect at the time provided that individuals promoted to...
ARMY | BCMR | CY2008 | 20080001283
The separation authority directed the discharge of the applicant under the provisions of Army Regulation 635-212 for unfitness due to frequent incidents of a discreditable nature with civil or military authorities. There is no indication in the available records that the applicant applied to the Army Discharge Review Board for a discharge upgrade within its 15-year statute of limitations. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the...
ARMY | BCMR | CY2008 | 20080001285
The applicants military records covering his service in Vietnam are not available to the Board. 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. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation and four bronze service stars for wear on...
ARMY | BCMR | CY2008 | 20080001289
Once a Soldier is determined to be physically unfit for further military service, percentage ratings are applied to the unfitting conditions from the VASRD. Although the applicant contends that his medical conditions were not properly considered by the medical board and that he was not given adequate time to provide medical information to the board from his doctors but was discharged, he has not provided any evidence to show his medical conditions were not properly considered. Although the...
ARMY | BCMR | CY2008 | 20080001291
IN THE CASE OF: BOARD DATE: 12 August 2008 DOCKET NUMBER: AR20080001291 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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. As a result, the applicant was released from active duty on 19 May 1999 under the provisions of Army Regulation 635-40, paragraph 4-24b(2) for physical disability - temporary and placed...
ARMY | BCMR | CY2008 | 20080001297
On 13 January 1983, the applicants commander initiated action to separate him under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. The honorable characterization is appropriate when the quality of the members service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any...
ARMY | BCMR | CY2008 | 20080001298
There are no orders in the applicant's available personnel records which show that he was awarded the Purple Heart. The applicant's DD Form 214 shows that he 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 showing that he was awarded the Good Conduct Medal for the period 23 January 1968 to 22 January 1971; the Vietnam Service Medal, with three bronze service stars; the Meritorious...
ARMY | BCMR | CY2008 | 20080001301
Director Analyst The following members, a quorum, were present: Chairperson Member Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The FSM's records do not show any significant acts of valor during his military service. Army Regulation 635-200 Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to...
ARMY | BCMR | CY2008 | 20080001305
At the time of the assessment, the applicant was also being evaluated for PTSD. The applicant, according to an examining psychiatrist and psychologists was suffering from the effects of PTSD; however, these assessments/evaluations took place in 2004 and in 2007, more than 36 years after he was discharged from the Army. The evidence of record failed to establish a basis upon which clemency could be granted and upon which the severity of the punishment imposed could be moderated with an...
ARMY | BCMR | CY2008 | 20080001315
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. Although there are no orders in the available record showing that the applicant was awarded the Purple Heart, there is sufficient evidence to establish that he was wounded in action against the enemy on 27 February 1968 and that he was...
ARMY | BCMR | CY2008 | 20080001317
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 15 September 1988, the separation authority approved the applicants request for discharge and directed that he be reduced to the lowest enlisted grade and that he be issued a UOTHC 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 | 20080001320
Application for correction of military records (with supporting documents provided, if any). The applicant provides 4 third-party statements from individuals who served with him in the RVN. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show his entitlement to the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and 1 silver service...
ARMY | BCMR | CY2008 | 20080001322
His military service records contain a DD Form 4, dated 26 October 1965 that shows his Service Number as xx x29 xxx. The Orders show his SSN as xx-xx-3500 and his Service Number as xxx29xxx. 8. The applicant contends that his Social Security Number and Service Number recorded in his military service records should be corrected.
ARMY | BCMR | CY2008 | 20080001326
The applicant provides a copy of his personal statement; DD Form 214 (Discharge Document) from the U.S. Marine Corps; NGB Form 22 (Report of Separation and Record of Service); DD Form 214 and DD Form 215 (Correction to the DD Form 214); DA Form 638 (Recommendation for Award) for the Bronze Star Medal with proposed narrative; two memoranda, dated 4 February 1994 and 30 January 1995 that recommends approval for award of the Bronze Star Medal; DA Form 638 (Recommendation for Award) for the...
ARMY | BCMR | CY2008 | 20080001327
Absent any evidence that the applicant's unit (Company D, 18th Tank Battalion) was credited with participating in the Rhineland campaign, there is an insufficient evidentiary basis to support awarding a 3rd bronze service star with the FSM's EAME Campaign Medal, as requested by the applicant. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Bronze Star Medal, or his exemplary conduct in ground combat...