ARMY | BCMR | CY2008 | 20080010914
On 30 May 2003, the applicant was honorably discharged from active duty in accordance with the provisions of Army Regulation 635-200, Chapter 5-17, for completion of required active service. The Army must find unfitness for duty at the time of separation before a member may be medically retired or separated. There is no evidence in the record and the applicant failed to provide evidence that shows she had a medical condition which would have warranted consideration by a Medical Evaluation...
ARMY | BCMR | CY2008 | 20080010916
The applicant requests that his record be corrected to show entitlement to an $8,000.00 HIGRAD bonus based on his successful completion of Officer Candidate School (OCS) and commissioning as an officer. In an advisory opinion, dated 20 April 2006, the Army G-1, Director of Military Personnel Management, stated that due to the urgent need for OCS applicants, the Army implemented an enlistment bonus of $8,000.00 for OCS applicants as an extension of the current policy of paying an enlistment...
ARMY | BCMR | CY2008 | 20080010920
The applicant enlisted in the U.S. Army Reserve (USAR) on 26 February 1982. The letter stated that if the applicant was claiming base pay credit for the period 4 July 1996 and prior he needed to file for a correction of military records. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his PEBD as 26 February 1982 and by paying him any monies due for the period 26 February 1982 through 4 July 1996 as a result of...
ARMY | BCMR | CY2008 | 20080010924
IN THE CASE OF: BOARD DATE: 12 August 2008 DOCKET NUMBER: AR20080010924 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states that at the time of his enlistment he did not have his academic transcript. While the applicant has submitted a copy of his academic transcript from the University of Lagos, and that transcript has been properly evaluated and determined to be the equivalent of a bachelors degree, there is no evidence that the applicant submitted an original, certified...
ARMY | BCMR | CY2008 | 20080010926
The applicant requests that item 4 (Date of Birth) on his DD Form 214 (Report of Separation from Active Duty) for the period ending 30 April 1976 be corrected to show 6 December 1925 instead of 7 December 1928. The applicants DD Form 47 (Record of Induction), dated 20 November 1950, shows the name Gilberto V___- Del C____ and his date of birth is shown as 6 December 1928. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2008 | 20080010931
In paragraph 5a of the applicants ROTC contract, he acknowledged that, under the terms of this contract, the Secretary of the Army could order him to active duty as an enlisted Soldier, if he was qualified, for a period of not more than four years if he failed to complete the ROTC program. The opinion stated that his enlisted service in the U.S. Navy is not an authorized remedy for debt repayment under the terms of the ROTC contract. As a result, the Board recommends that all Department...
ARMY | BCMR | CY2008 | 20080010934
He also indicates that his Official Military Personnel File (OMPF) and Enlisted Records Brief (ERB) clearly document these awards, and the DA Form 638 is the official orders for the second ARCOM, and as a result, it is unjust not to correct his record reflect these earned and previously issued awards. The applicant's Personnel Qualification Record (DA Form 2-1), which was prepared on 28 April 2004, includes an entry in Item 9 (Awards, Decorations, and Campaigns), which shows the applicant...
ARMY | BCMR | CY2008 | 20080010937
The applicant provided a copy of page (1) of his DA 638, initiated on 8 September 2004, from the Commander of the 1058th AEF TC, recommending the applicant for award of the ARCOM with "V" Device. He was informed that there was insufficient documentation to forward the applicant's recommendation for award to the Army Decorations Board for consideration. As noted by the Military Awards Branch, HRC-Alexandria, without page 2 of the DA Form 638, his request could not be processed as a lost...
ARMY | BCMR | CY2008 | 20080010938
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Nonjudicial punishment is wholly set aside when the commander who imposed the punishment, a successor-in-command, or a superior authority sets aside all punishment imposed upon an individual under Article 15. Therefore, in the absence of evidence to show that the reciord of NJP was improperly imposed and filed in his official records, there appears to be no basis to set aside the punishment imposed by the NJP or to remove it from his records.
ARMY | BCMR | CY2008 | 20080010942
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his undesirable discharge be upgraded to an honorable discharge. The applicants military records are not available to the Board for review.
ARMY | BCMR | CY2008 | 20080010944
The applicant states, in effect, he would like his RE Code corrected so that he can rejoin the military. The regulation shows that the SPD of JKB as shown on the applicants DD Form 214 is appropriate when the narrative reason for discharge is misconduct and the authority for discharge is Army Regulation 635-200, Chapter 14. The applicant's contention that his RE Code be changed to RE Code 2 was also considered; however, his records and his application do not support a change in his RE...
ARMY | BCMR | CY2008 | 20080010945
The applicant requests, in effect, adjustment to his promotion effective date and date of rank (DOR) for major (MAJ) from 28 August 2007 to 21 June 2007. The promotion effective date is not the date of appointment into the position or the date of State Federal Recognition Board. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing the applicant was promoted to MAJ with an effective date and DOR of 5 July 2007; b....
ARMY | BCMR | CY2008 | 20080010946
The applicant requests, through his elected representative, in effect, reconsideration of the Boards denial of his request that his under other than honorable conditions (UOTHC) discharge be upgraded to a general discharge. d. On 27 May 1988, the applicant was discharged by reason of conviction by civil court (foreign tribunal) after completing 4 years, 7 months, and 28 days of active military service in the period under review. In its original review of the applicants case, the Board...
ARMY | BCMR | CY2008 | 20080010947
IN THE CASE OF: BOARD DATE: 19 August 2008 DOCKET NUMBER: AR20080010947 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The evidence of record shows that the applicant served in the Army from 14 August 1972 to 3 June 1975. XXX ______________________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ARMY | BCMR | CY2008 | 20080010950
The applicant's military personnel records show he initially enlisted in the Regular Army (RA) and entered active duty on 2 April 1980, for a 3 year period. The governing regulation also stipulates that the immediate reenlistment entries in Item 18 for Soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except "Honorable" will contain the entry "Continuous Honorable Active Service From" (first day of service which...
ARMY | BCMR | CY2008 | 20080010956
He further confirmed that he understood that he was entitled to the same consideration and processing as any other member of the Army who was separated by reason of physical disability which, in effect, included separation processing through medical channels (Physical Disability Evaluation System-(PDES)). The evidence of record confirms and the applicant admitted that his pre-existing eye condition disqualified him for enlistment (twice), and that this eye condition did in fact exist prior...
ARMY | BCMR | CY2008 | 20080010960
Application for correction of military records (with supporting documents provided, if any). There is no evidence of record, and the applicant has not provided sufficient evidence, which shows that he ever served in the Republic of Vietnam and was awarded the Purple Heart or that he was wounded or injured or treated for wounds or injuries as a result of hostile action in the Republic of Vietnam. __________x____________ CHAIRPERSON I certify that herein is recorded the true and complete...
ARMY | BCMR | CY2008 | 20080010965
Application for correction of military records (with supporting documents provided, if any). THE APPLICANT'S REQUEST, STATEMENT, AND 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 AR20070000386, on 13 September 2007.
ARMY | BCMR | CY2008 | 20080010975
This document shows the applicant's unit (2nd Battalion, 16th Infantry) is eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (12 July 1965 to 16ctober 1968) based on Department of the Army General Orders Number 32, dated 1969; his unit (1st Battalion, 8th Infantry) is eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (October 1966 to 28 July 1969) based on Department of the Army General Orders Number 3, dated 1970; and...
ARMY | BCMR | CY2008 | 20080010979
Item 18 of the applicant's DD Form 214 shows he served in Iraq/Kuwait from 11 January 2004 through 4 November 2005. Item 18 of the applicant's DD Form 214 shows service in Iraq/Kuwait from 11 January 2004 through 4 November 2005 which is incorrect. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the current entry in item 18 of the individuals DD Form 214 issued on 14 December 2005; and b. adding in item 18...
ARMY | BCMR | CY2008 | 20080010981
The applicant requests, in effect, his under other than honorable conditions discharge be upgraded to an honorable discharge. However, the DD Form 214 he was issued shows he received an under other than honorable conditions discharge for the good of the service in lieu of court-martial under the provisions of Army Regulation 635-200 (Personnel Separation), chapter 10 on 1 February 1984. _______ _ X_______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the...
ARMY | BCMR | CY2008 | 20080010987
The applicant requests that his reentry (RE) code be changed from RE code 4 to RE code 3. The applicant was given a separation code of KFS (voluntary discharge under the provisions of Army Regulation 635-200, chapter 10, discharge in lieu of trial by court-martial) and an RE code of 4. Pertinent Army regulations provide that prior to discharge or release from active duty individuals will be assigned RE codes based on their service records or the reason for discharge.
ARMY | BCMR | CY2008 | 20080010989
The applicant requests that he be awarded either the Combat Action Badge (CAB) or the Combat Infantryman Badge (CIB) and any other awards to which he is entitled to receive. The record is silent as to what unit he was assigned to while serving in Vietnam. Notwithstanding that the CAB did not exist at the time the applicant served in Vietnam and is not authorized for retroactive award during that period, the applicant has failed to show through the evidence of record and the evidence...
ARMY | BCMR | CY2008 | 20080010990
The evidence shows the applicant was assigned to the 38th Infantry Regiment when he was wounded the second time. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the Purple Heart with First Oak Leaf Cluster for wounds received on 27 November 1950 in the Republic of Korea and the Combat Infantryman Badge. The Board further recommends that the individuals DD Form 214 be corrected by: a. amending Item...
ARMY | BCMR | CY2008 | 20080010994
The applicant requests, in effect, that he be awarded the Purple Heart, and that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the award of the Bronze Star Medal and the Army Commendation Medal with First Oak Leaf Cluster. However, absent orders awarding him a second Army Commendation Medal, there is insufficient basis for correcting his military records to show a second award of the Army Commendation Medal. As a result, the Board...
ARMY | BCMR | CY2008 | 20080010996
Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. It is acknowledged that the DVA has diagnosed the applicant with a major depressive disorder, rather than personality disorder, and has granted him a 50 percent disability rating due to this condition. In the applicant's case, a military psychiatrist diagnosed him with a personality disorder.
ARMY | BCMR | CY2008 | 20080010997
IN THE CASE OF: BOARD DATE: 25 NOVEMBER 2008 DOCKET NUMBER: AR20080010997 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The DD Form 214 that the applicant was furnished at the time of his discharge shows that he was awarded the Global War on Terrorism Service Medal, the Army Service Ribbon, the Combat Infantryman Badge and the Parachutist Badge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a) amending block 12f of...
ARMY | BCMR | CY2008 | 20080010999
The applicant served in the Republic of Vietnam (RVN) from 29 October 1969 through 19 October 1970. Further, the applicant served many years in the USAR and was placed on the Retired List on 20 May 1996. 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 | 20080011001
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Army policy states that although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. 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 | 20080011010
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. This statement states that the applicant was a member of the Jehovahs Witnesses and at the time of his induction he was not a baptized member. 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 | BCMR | CY2008 | 20080011014
The applicant requests reconsideration of the previous decision of the Army Board for Correction of Military Records (ABCMR) to deny him a discharge upgrade. 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 AR20080002579, on 8 May 2008. To present his case before an administrative discharge board.
ARMY | BCMR | CY2008 | 20080011047
Application for correction of military records (with supporting documents provided, if any). The applicant, in effect, requests that his undesirable discharge be upgraded to honorable. This DD Form 214 shows the applicant was discharged under the provisions of Army Regulation 635-212, his service was characterized as under other than honorable conditions, and that he was issued an Undesirable Discharge Certificate.
ARMY | BCMR | CY2008 | 20080011053
He also requested an appearance before the Army Board for Correction of Military Records (ABCMR) to present his case. The applicant provides a 13-page self-authored legal brief as an addendum to the DD Form 149 (Application for Correction of Military Record) he submitted to the Board. On 12 June 1996, the Army Discharge Review Board denied the applicants request for an upgrade of his discharge.
ARMY | BCMR | CY2008 | 20080011056
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, reconsideration of her earlier petition to the Board requesting the records of her deceased husband, a former service member (FSM), be corrected to show that he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP) for spouse coverage. However, the evidence of record gives no indication that the FSM ever submitted an SBP election form to...
ARMY | BCMR | CY2008 | 20080011063
The applicant requests, in effect, that the records of her deceased former spouse, a former service member (FSM), be corrected to show he changed his Survivor Benefit Plan (SBP) coverage to former spouse coverage. The FSM and the applicant divorced on 12 May 1995. Although there is no evidence to show that either the FSM or the applicant requested that his SBP coverage be changed to former spouse coverage within the statutory one-year time limit, the FSM continued to pay SBP premiums until...
ARMY | BCMR | CY2008 | 20080011069
The applicant requests, in effect, that he be awarded the Army Good Conduct Medal (AGCM), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Civil Action Honor Medal, and Overseas Service Bars. There also is no evidence the applicant was disqualified by his unit commander for award of the AGCM. The Board determined that there was insufficient documentation in which to show the individual concerned is entitled to the Civil Actions Honor Medal First Class Unit Citation or...
ARMY | BCMR | CY2008 | 20080011084
In the Board's first consideration of this case, the Board found that the applicant was honorably discharged on 23 July 1980 for alcohol and other drug abuse. The military medical records provided by the applicant do not make any mention of the applicant being raped. With no record of the applicant being raped while on active duty, and the first report of the rape occurring almost 21 years after her discharge, there is insufficient basis to show that the applicant was raped while on active duty.
ARMY | BCMR | CY2008 | 20080011085
The applicant requests that items 22 (Date of Induction) and 24 (Date of Entry into Active Service) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected. Item 22 on the applicants WD AGO Form 53-55 shows he was inducted in the Army of the United States on 1 October 1945. His WD AGO Form 53-55 also shows that he served over 3 years of creditable active service.
ARMY | BCMR | CY2008 | 20080011086
The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) for the period ending 22 July 1971 to show award of the Korea Defense Service Medal (KDSM). Although the applicant requested that his DD Form 214 for the period ending 22 July 1971 be corrected to show the KDSM, since the KDSM was not authorized until recently, it would be appropriate to correct his final DD Form 214 for the period ending 9 July 1991 to show this award. As a result, the Board recommends...
ARMY | BCMR | CY2008 | 20080011090
Application for correction of military records (with supporting documents provided, if any). The applicant provides the following documents in support of his application: Supplemental Statement; DA Form 199 (Physical Evaluation Board (PEB) Proceedings), dated 20 May 2008; DD Form 214 (Certificate of Release or Discharge from Active Duty), effective 24 December 2005; State of Michigan, Department of Military and Veterans Affairs, Orders Number 271-095, dated 27 September 2004; Page 9 of Army...
ARMY | BCMR | CY2008 | 20080011092
Application for correction of military records (with supporting documents provided, if any). Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. The SPD code of KFS was the appropriate code for the applicant based upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of AR 635-200, chapter 10, in lieu of trial by court-martial.
ARMY | BCMR | CY2008 | 20080011093
The applicant requests, in effect, that his separation (SPD) code and reentry (RE) code be changed. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The SPD/RE Code Cross Reference Table shows that an RE code of 3 is the applicable RE code assigned for individuals involuntarily separated at ETS.
ARMY | BCMR | CY2008 | 20080011097
The applicant, in two applications, requests that he be awarded the Purple Heart and that his military records be corrected to show the award of the Combat Infantryman Badge. Additionally, he states that in any case, based on paragraph 2-8b of Army Regulation 600-8-22 (Military Awards), he believes he qualifies for the Purple Heart due to enemy action or friendly fire. The applicant contends that he should be awarded the Purple Heart and that his military records should be corrected to...
ARMY | BCMR | CY2008 | 20080011098
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. 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. In...
ARMY | BCMR | CY2008 | 20080011099
IN THE CASE OF: BOARD DATE: 25 September 2008 DOCKET NUMBER: AR20080011099 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Title 10, United States Code, section 1203, provides for the physical disability separation of a member who has less than 20 years service and a disability rated at less than 30 percent. The only difference between the 10 percent rating and the 20 percent rating is that the 20 percent rating requires occasional incapacitating exacerbations. There is no evidence of...
ARMY | BCMR | CY2008 | 20080011100
The applicant provides: a. m. Letter, dated 16 June 2008, from the Military Order of the Purple Heart to the Army Review Boards Agency supporting the applicant's claim for the Purple Heart. It is noted the applicant was never processed for award of a Purple Heart; there is no DA Form 4187 from his unit to the general officer in his chain of command requesting he be awarded a Purple Heart.
ARMY | BCMR | CY2008 | 20080011101
This regulation also provides that there are no time limitations for requests for award of the Purple Heart. While the available evidence clearly shows that he was eligible for award of the Purple Heart there is no indication what foundation existed for the Purple Heart to appear on the DA Form 1577 as an authorized award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds...
ARMY | BCMR | CY2008 | 20080011102
It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932. It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action. In order to justify correction of a military record, the...
ARMY | BCMR | CY2008 | 20080011103
DISCUSSION AND CONCLUSIONS: The applicant's infantry MOS and/or his service in the Republic of Vietnam are not in question. In the absence of evidence that the applicant actively participated in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case. _________x_____________ 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 | 20080011105
She also acknowledged and understood that if she had 6 years of total active and reserve service at the time of her separation, under Army Regulation 635-200, Chapter 5, Paragraph 5-17, that she would be entitled to have her case heard by an administrative separation board unless she was considered for discharge under other than honorable conditions. The unit commander recommended the applicant for discharge under the provision of Army Regulation 635-200, Chapter 5, paragraph 5-17, because...