ARMY | BCMR | CY2008 | 20080010064
The applicant's record shows he was awarded the Korean Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that in addition to the awards listed on the DD Form 214, the applicant is authorized award of the National Defense Service Medal, the Korean Service Medal with one bronze service star (in lieu of the Korea Campaign Ribbon now listed), the Combat Infantryman Badge, and the Republic of Korea War...
ARMY | BCMR | CY2008 | 20080010066
Application for correction of military records (with supporting documents provided, if any). By regulation, in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal, for his qualifying period of honorable active duty service from 2...
ARMY | BCMR | CY2008 | 20080010068
The applicant's records show that he enlisted in the Regular Army for a period of 3 years on 25 June 1993. 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 dishonorable discharge. The Army Board for Correction of Military Records (ABCMR) does not correct records solely for the purpose of...
ARMY | BCMR | CY2008 | 20080010070
The applicant states, in effect, that his Separation Qualification Record (WD AGO Form 100) shows he was wounded in action while serving with the 26th Division. The applicant has failed to submit sufficient evidence that would satisfy this requirement; therefore, the applicant is not entitled to award of the Purple Heart BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __X_____ ____X___...
ARMY | BCMR | CY2008 | 20080010071
He believes he should be awarded the Purple Heart for the time that he spent in the hospital and the pain that he has sustained as a result of the injury. There are no orders or evidence in the available evidence that show he was awarded the Purple Heart. There is no evidence available, and the applicant has provided no evidence, which shows he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action while serving in Korea.
ARMY | BCMR | CY2008 | 20080010072
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 20 January 1983, the applicant was separated, in pay grade E-1, with an under other than honorable conditions discharge under the provisions of Army regulation 635-200, chapter 10. Army Regulation 15-185 (Army Board for Correction of...
ARMY | BCMR | CY2008 | 20080010073
Application for correction of military records (with supporting documents provided, if any). The applicant's Official Military Personnel File (OMPF) is void of any orders or other documents that indicate the applicant was ever recommended for or awarded the ARCOM with "V" Device during his active duty tenure. As a result, absent any evidence of record to corroborate these orders and/or the applicant's claim that he was awarded the ARCOM with "V" Device, these orders alone fail to provide a...
ARMY | BCMR | CY2008 | 20080010074
The applicant requests that his records be corrected to show award of the Combat Infantryman Badge. Therefore, the applicants 15 February 1946 WD AGO Form 53-55 should be corrected to show that his authorized awards include the Bronze Star Medal with one Bronze Oak Leaf Cluster and V Device, the Purple Heart, the Good Conduct Medal, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal with one silver service star and bronze arrowhead, the Army of Occupation...
ARMY | BCMR | CY2008 | 20080010075
On 14 December 2006, the applicants immediate commander initiated separation action against him in accordance with paragraph 14-12(c) of Army Regulation 635-200 for misconduct, commission of a serious offense. Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel. Those individuals can best advise a former service member as to the needs of the service at the time and may process enlistment waivers for the applicants RE Code.
ARMY | BCMR | CY2008 | 20080010076
The evidence of record shows that the FSM, while still married to the applicant, elected SBP spouse coverage at a reduced amount, prior to his retirement. After retirement, he and the applicant were divorced. Their divorce decree did not obligate the FSM to change SBP coverage from spouse coverage to former spouse coverage; nevertheless, he continued to pay SBP premiums after the divorce and until his death, a period of nearly 5 years.
ARMY | BCMR | CY2008 | 20080010077
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 8 May 1990, the separation authority approved the applicant's request for discharge and directed that he be furnished a discharge under other than honorable conditions. There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations.
ARMY | BCMR | CY2008 | 20080010078
The applicant states that his DD Form 214 was corrected to show his separation date as 12 October 1969. However, there is no evidence of record to indicate how he got those wounds. He provided an email from a former Soldier who stated that he treated the applicant on or about 18 October (no year is given).
ARMY | BCMR | CY2008 | 20080010081
He had served 3 years of total active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal and the Republic of Vietnam Campaign Medal. The applicant has not provided and the records do not contain orders awarding the applicant the CIB for his service 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...
ARMY | BCMR | CY2008 | 20080010083
IN THE CASE OF: BOARD DATE: 9 September 2008 DOCKET NUMBER: AR20080010083 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that Item 6 (Organization) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) with a date of separation of 24 May 1945 and his discharge certificate be corrected to read 100th Infantry Battalion, 34th Division instead of Depot Detachment Quartermaster Corps. The applicant has not submitted any...
ARMY | BCMR | CY2008 | 20080010084
The applicant provides her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 25 January 2004; two DA Forms 4187 (Personnel Action); four DA Forms 2823 (Sworn Statement); reassignment orders, dated 7 June 2004; and discharge orders, dated 11 October 2007. The applicant provided a sworn statement from Sergeant M___ that appears to be support for this DA Form 4187. Neither the DA Form 4187 nor Sergeant M___s statement indicates that the applicant...
ARMY | BCMR | CY2008 | 20080010085
CONSIDERATION OF EVIDENCE: 1. The applicant provided a Rating Decision, dated 13 May 2008, from the DVA which granted him service connection for a shrapnel wound of the chest with an evaluation of 10 percent effective 2 November 2006. Regrettably, absent evidence which conclusively proves, by a preponderance of the evidence, that the applicant was wounded or injured as a result of hostile action, that he was treated by medical personnel for wounds or injuries sustained as a result of...
ARMY | BCMR | CY2008 | 20080010088
The evidence of record confirms the applicant was promoted to SSG/E-6 on 17 October 1982, and that he satisfactorily served in that grade as a member of the Ready Reserve until being honorably discharged from the USAR on 15 December 1994 3. In view of the facts of this case, the applicants record should be corrected to show he was authorized to receive non-regular retired pay based in the rank of SSG/E-6 on 23 June 2006, the date he turned age 60 and became eligible to receive retired pay,...
ARMY | BCMR | CY2008 | 20080010089
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 24 February 1979, the separation authority approved the applicant's request for discharge and directed that he be furnished a discharge under other than honorable conditions. Evidence of record shows the applicant received nonjudicial punishment for being AWOL for 2 days prior to going AWOL for 189 days.
ARMY | BCMR | CY2008 | 20080010092
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. There is no evidence in the applicant's records, and the applicant has provided none, to show that his discharge was unjust.
ARMY | BCMR | CY2008 | 20080010093
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 also stated that he was making this admission for administrative purposes so that he could process out of the Army and he realized that in doing so he may be given an under other than honorable conditions discharge. However,...
ARMY | BCMR | CY2008 | 20080010098
His WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) shows he was awarded the Bronze Star Medal, the Good Conduct Medal, the Asiatic-Pacific Campaign Medal, the Philippine Liberation Ribbon with 1 bronze service star, and the World War II Victory Medal. The applicant's records contain a DD Form 214 for the period 14 April 1956 to 13 April 1962, showing award of the American Defense Service Medal, Philippine Presidential Unit Citation, National Defense...
ARMY | BCMR | CY2008 | 20080010100
IN THE CASE OF: BOARD DATE: 24 July 2008 DOCKET NUMBER: AR20080010100 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Therefore, the only periods of active duty that may be used for calculation for eligibility for the Army Good Conduct Medal are those to which he was ordered to active duty under Title 10 USC. The applicant's orders for active duty for the period 1 October 2001 to 27 June 2002 were issued under Title 10 USC; however, it was for a period of less than 1 year.
ARMY | BCMR | CY2008 | 20080010101
The applicants complete military records are not available to the Board. However, her DD Form 214 shows she was honorably discharged on 25 October 1991 under the provisions of Army Regulation 635-200, paragraph 5-13 by reason of personality disorder. The applicant provided an April 2008 letter in which a psychiatrist indicated that there were no psychiatric contraindications to military duty; however, it must be presumed that she was examined by competent military medical personnel who...
ARMY | BCMR | CY2008 | 20080010102
On 24 June 2005, the Army Discharge Review board (ADRB) granted the applicant relief in the form of an upgrade of his characterization of service from Under Other Than Honorable Conditions to Honorable, the Separation Authority from AR 635-200, chapter 10 to AR 635-200, paragraph 5-3, and the Narrative Reason for Separation from In Lieu of Trial by Court-Martial to Secretarial Authority. However, the ADRB elected not to change the RE code. The evidence of record shows that the...
ARMY | BCMR | CY2008 | 20080010106
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Good Conduct Medal, the Iraq Campaign Medal, and his service in support of Operation Iraqi Freedom. Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom (OIF). In view of the foregoing evidence, the applicant is entitled to correction of his records to...
ARMY | BCMR | CY2008 | 20080010107
Absent evidence to show that the medical evaluation completed at the time of his discharge was erroneous or otherwise flawed, there is no basis to grant the applicant's request for a medical discharge. Evidence shows that the applicant was removed from the TDRL and discharged from the service because of a permanent physical disability. In addition, there is no evidence of record to show that the applicant completed over 18 years of active duty service for either a regular or 18 years of...
ARMY | BCMR | CY2008 | 20080010108
The applicant requests that her 22 March 2008 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that she entered active duty on 25 September 2006. Her DD Form 214 shows in block 12a (Date Entered AD [Active Duty] This Period) that she entered active on 9 March 2008. Block 12b (Separation Date This Period) shows she was released from active duty on 22 March 2008 and transferred back to her USAR unit.
ARMY | BCMR | CY2008 | 20080010111
The applicant requests, in effect, that her DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to show her correct rank and pay grade. After completing all required training, she was awarded military occupational specialty (MOS), 75D (Personnel Records Specialist). The available evidence also shows that the applicant received nonjudicial punishment while serving in the rank and pay grade, SP4/E-4.
ARMY | BCMR | CY2008 | 20080010112
Army Regulation 635-40, paragraph 4-17 (Physical evaluation boards), provides that PEBs are established to evaluate all cases of physical disability equitably for the Soldier and the Army. The evidence of record also shows that the PEB considered the applicants medical conditions described in his medical records and the evidence presented at that time. Based on a review of the medical evidence of record, the PEB concluded that the applicants medical condition prevented the performance of...
ARMY | BCMR | CY2008 | 20080010114
The DD Form 214 that was issued to him at the time of his release from active duty shows that he was awarded the Bronze Star Medal, the National Defense Service Medal, the Vietnam Service Medal with Two Bronze Service Stars, the Republic of Vietnam Campaign Medal with 1960 Device, and the Expert Marksmanship Qualification Badge with M-16 Rifle Bar. Additionally, there are no orders in the applicant's military records which awarded him any level of the Army Commendation Medal. However, as...
ARMY | BCMR | CY2008 | 20080010120
In his case, the best evidence is Doctor D___s 6 November 2007 physical examination report, which notes the required symptoms for 10 percent ratings for his neck and back. The applicant states that Army Regulation 635-40, paragraph 3-2(a)(5), states, In the absence of such proof by the preponderance of the evidence, reasonable doubt should be resolved in favor of the Soldier. In his case, even assuming that all four medical reports were valid and based on actual examinations, the PEB...
ARMY | BCMR | CY2008 | 20080010122
Application for correction of military records (with supporting documents provided, if any). The applicant provides a copy of his WD AGO Form 53-55 (Army of the United States Honorable Discharge), with an effective date of 29 September 1945; DA Form 1577 (Authorization for Issuance of Awards), dated 31 May 1985; and information on the American Campaign Medal and World War II Victory Medal printed from GRUNT website at: http://www.gruntsmilitary.com. As a result, the Board recommends that...
ARMY | BCMR | CY2008 | 20080010123
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that his record be corrected to show he was awarded the Bronze Star Medal (BSM). The applicant's military record is not available to the Board for review.
ARMY | BCMR | CY2008 | 20080010124
Army Regulation 672-5-1, 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. 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 | 20080010126
The evidence of record shows the applicant was awarded the Vietnam Service Medal. Therefore, he is entitled to correction of his records to show this award based on completion of a qualifying period of Federal military service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Purple Heart for wounds received in action on 28 April 1970 in the Republic of Vietnam; b. awarding the applicant the...
ARMY | BCMR | CY2008 | 20080010127
The applicant served in the Republic of Vietnam (RVN) from 26 June 1970 through 12 April 1971. There is no evidence in his service personnel records which shows he was wounded or injured as a result of hostile action or treated for such wounds. In the absence of evidence that the applicant 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 | 20080010128
Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army good Conduct Medal for the period from 12 January 1966 to 24 November 1967; and b. showing, in addition to the awards already shown on his DD Form 214, that his...
ARMY | BCMR | CY2008 | 20080010129
Army Regulation 600-8-22 (Military Awards) provides for award of the CIB. Therefore, the applicant is entitled to award of the CIB and correction of his records to show this award. The evidence of record shows the applicant was awarded the Vietnam Service Medal.
ARMY | BCMR | CY2008 | 20080010132
The applicant requests correction of his records to show he was separated in the grade of E-5 instead of E-4. Nevertheless, promotions of enlisted personnel were announced in routine orders. ________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 | 20080010137
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. At the time of his discharge, the applicant was properly separated under the provisions of Army Regulation 635-200, chapter 13-5b, by reason of unsuitability, due to a character and behavior disorder. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was...
ARMY | BCMR | CY2008 | 20080010138
On 1 November 1987, 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 pattern of misconduct, with an under other than honorable conditions discharge. On 8 December 1987, the applicant was discharged by reason of misconduct pattern of misconduct after completing 4 years, 4 months, and 12 days of active military service. There is no evidence...
ARMY | BCMR | CY2008 | 20080010141
The applicant requests correction of his military records to show award of the Combat Infantryman Badge or the Combat Action Badge. The applicant's military records are not available for review. ABCMR Record of Proceedings (cont) AR20070016793 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080010141 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2008 | 20080010142
These orders also state "Disability resulted from a combat related injury as defined in 26 USC 104: No." The PDA continues that none of the applicant's unfitting conditions were incurred or directly caused by any of the prerequisite conditions to be classified as combat related. The applicant has not submitted any evidence to show that his physically unfitting conditions, fibromyalgia, osteoarthritis, and herniated nucleus pulposus C6-7 with mild stenosis, were incurred in a manner which...
ARMY | BCMR | CY2008 | 20080010150
The applicant states, in effect, that his DD Form 214 should be corrected to show his correct active duty time. The evidence shows the applicant enlisted in the Regular Army on 17 June 1975 and continued to serve until he was honorably discharged on 30 January 1978, for immediate reenlistment. Therefore, there is no basis to change item 12b, of his DD Form 214, dated 30 March 1982 to show the entry "82 03 31" (31 March 1982).
ARMY | BCMR | CY2008 | 20080010152
The applicant requests that his report of separation (WD AGO Form 53-98) be corrected to reflect that he was awarded the Purple Heart for a leg wound. He served in the ETO until 29 August 1945, when he was returned to the United States and was transferred to Fort Sheridan, Illinois. 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 | 20080010155
The applicant requests correction of his records to add two awards of the Presidential Unit Citation. This document does not show that at the time of the applicants assignment to the U.S. Army Vietnam ITG/FANK Training Command it was awarded any Presidential Unit Citations. Therefore, there is insufficient evidence on which to add two awards of the Presidential Unit Citation to his DD Form 214.
ARMY | BCMR | CY2008 | 20080010156
She states that she gained experience in the theories and practice of preventive medicine and as a result, this degree should be included on her permanent military record and be counted toward years of military service as constructive service credit. The OTSG, Chief, Graduate Medical Education Division, stated that the applicant's Master of Public Health Degree was conferred simultaneously with her Medical Degree and she recommended that no additional credit be granted to the applicant. ...
ARMY | BCMR | CY2008 | 20080010157
There are no orders showing the applicant was recommended for or awarded the CIB. The evidence in the official record shows the applicant held MOS 05B during the time he served in the RVN, although his DA Form 20 shows he performed duties as a scout observer (11F) with an infantry regiment. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the AGCM (First Award) for the qualifying period of service from 23...
ARMY | BCMR | CY2008 | 20080010158
The applicant retired on 28 February 1994. DISCUSSION AND CONCLUSIONS: The applicant did not request that his SBP spouse coverage be changed to former spouse coverage in the manner prescribed by law within the statutory one-year time limit. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that, on 15 August 2004, he made a written request to change his SBP coverage to former spouse coverage and his request was...
ARMY | BCMR | CY2008 | 20080010160
In his self-authored statement, dated 21 April 2008, the applicant makes a complaint to the Board that his former spouse forged his signature on the SBP Election Change Certificate and that he would like this Board to review all documents and refund him all the monies paid from 4 November 1995 to present. Title 10, U. S. Code, section 1450(f)(3)(A) permits a former spouse to make a written request that an SBP election of former spouse coverage be deemed to have been made when the former...