ARMY | BCMR | CY2008 | 20080011390
The applicant is currently serving in the U.S. Army Reserve in the rank of sergeant. The unfitness is of such a degree that a Soldier is unable to perform the duties of his/her office, grade, rank or rating in such a way as to reasonably fulfill the purposes of his/her employment on active duty. The applicant contends that he should have been medically retired; however, the preponderance of evidence shows that his medical conditions did not render him medically unfit to perform his duties...
ARMY | BCMR | CY2008 | 20080011391
The applicant requests, in effect, that his separation document (DD Form 214, Certificate of Release or Discharge from Active Duty) be corrected to reflect his overseas service in Iraq and to show he completed his first full term of service. Army Regulation 600-8-22 (Military Awards) contains the Armys awards policy. The item 18 instructions contained in the separation documents regulation further state, in pertinent part, that an entry will be included indicating if the Soldier had or...
ARMY | BCMR | CY2008 | 20080011392
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), Item 31 (Permanent Address for Mailing Purposes After Transfer or Discharge), be changed to 1__7 North Dearborn Street, Chicago, Illinois. It was postmarked 20 April 1965 [nearly 2 months before his induction] and shows his mother's return address and his address at his work location in Chicago. Therefore, changing this address would not show that he returned to Illinois after...
ARMY | BCMR | CY2008 | 20080011393
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that his discharge, characterized as under other than honorable conditions (UOTHC), be upgraded to an unconditional discharge effective 31 July 1978. He adds that when he goes to the VA (Department of Veterans Affairs) for treatment he wants his children to know he served 8 years of honorable service.
ARMY | BCMR | CY2008 | 20080011395
The applicant requests award of the Combat Infantryman Badge and the Purple Heart. There are no orders in the applicants service personnel records that show he was awarded the Combat Infantryman Badge or the Purple Heart. A Soldier serving in an infantry unit and in an infantry position alone is insufficient to award the Combat Infantryman Badge.
ARMY | BCMR | CY2008 | 20080011397
Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the AGCM is awarded to individuals who have completed a qualified period of active duty enlisted service. The applicant's records show 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: a awarding the Purple Heart (First Oak Leaf Cluster) and correcting the record to show these awards; b. awarding the...
ARMY | BCMR | CY2008 | 20080011398
At the time of the applicants separation an honorable or general discharge was authorized. The evidence of record shows that the applicant was provided with multiple opportunities to overcome his drug and alcohol problems, including reclassification, counseling, rehabilitative transfer, and enrollment in the ADAPCP. Based on his record of indiscipline which included two instances of Article 15, a bar to reenlistment, PRP disqualification, and ADAPCP failure, the applicant's service...
ARMY | BCMR | CY2008 | 20080011400
Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained as a result of hostile action. Regrettably, therefore, there is insufficient evidence that would warrant correcting his records to show he was awarded the Purple Heart. ABCMR Record of Proceedings (cont) AR20080011400 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080011400 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD...
ARMY | BCMR | CY2008 | 20080011401
The applicant provides a WD AGO 53-55 (Enlisted Record and Report of Separation Honorable Discharge), Department of Veterans Affairs Award Decision, and a copy of a webpage from the Army Times regarding disability retirement in support of his application. 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...
ARMY | BCMR | CY2008 | 20080011403
The applicant requests, in effect, that his under other than honorable conditions discharge be changed to a general discharge or a medical discharge. The applicant's DD Form 214 (Report of Separation from Active Duty) show that on 3 March 1977, he was discharged from active duty under the provisions of Army Regulation 635-200, chapter 10 for the good of the service with an under other than honorable conditions discharge. Absent evidence to show that the applicant had a medically...
ARMY | BCMR | CY2008 | 20080011404
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Item 11d (Effective Date of Transfer or Discharge) of his DD Form 214 shows he was released from active duty on 24 January 1966. _______ XXXX_ _______ ___ 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 | 20080011405
IN THE CASE OF: BOARD DATE: 07 AUGUST 2008 DOCKET NUMBER: AR20080011405 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that the orders awarding him the Army Good Conduct Medal (GCMDL) (2nd Award), dated 10 December 2002 be removed from his Official Military Personnel File (OMPF). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by revoking E Company, 1st Battalion, 61st Infantry Regiment...
ARMY | BCMR | CY2008 | 20080011406
Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) provides, in pertinent part, that under the laws governing the Army Physical Disability Evaluation System (PDES), Soldiers who sustain or aggravate physically unfitting disabilities must meet line of duty criteria to be eligible to receive retirement and severance pay benefits, and that a disability must have been incurred or aggravated while the Soldier was entitled to basic pay or as the proximate cause...
ARMY | BCMR | CY2008 | 20080011407
The applicant provides: a. Memorandum, US Army Physical Evaluation Board, Fort Sam Houston, TX, dated 11 January 2005. k. Orders 219-01, Department of the Army, Mobilization Center Shelby, Camp Shelby, MS, dated 6 August 2004. l. Orders 219-02, Department of the Army, Mobilization Center Shelby, Camp Shelby, MS, dated 6 August 2004. m. DA Form 3349 (Physical Profile), dated 5 August 2004. n. DD Form 2161 (Referral for Civilian Medical Care), dated 31 July 2004. o. The National Guard...
ARMY | BCMR | CY2008 | 20080011410
Army Regulation 635-40, Physical Evaluation for Retention, Retirement, or Separation, provides that the mere presence of an impairment does not, of itself, justify a finding of unfitness because of physical disability. The applicants records contain no indication that the applicant at any time was deemed physically unfit to perform the duties of his office, rank, grade or rating while on active duty. Therefore, the Board determined that the overall merits of this case are insufficient as...
ARMY | BCMR | CY2008 | 20080011413
DD Form 4/1 (Enlistment/Reenlistment Document) contained in the applicant's records show that, on 31 July 1992, the applicant enlisted in the USAR for a period of three (3) years. On 25 April 2005, the applicant called HRC-St. Louis regarding his upcoming reenlistment date and he was informed that he needed to schedule a physical examination appointment because his physical had expired. g. The applicant called HRC-St. Louis on 1 August 2006 regarding his VSI again and was informed that he...
ARMY | BCMR | CY2008 | 20080011414
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. The regulation, in effect at the time, stated the reason for discharge based on separation code KDF is Pregnancy and the regulatory authority is Army Regulation 635-200, chapter 8. The applicant was given an RE code of 3.
ARMY | BCMR | CY2008 | 20080011416
Application for correction of military records (with supporting documents provided, if any). The applicant's contentions have been noted; however, the government has an interest in maintaining such records and the applicant has not shown through the evidence submitted with her application or the evidence of record why the criminal record/investigation in question should not remain a matter of record. _________XXX__________ CHAIRPERSON I certify that herein is recorded the true and complete...
ARMY | BCMR | CY2008 | 20080011417
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 17 November 1971, after consulting with counsel and being advised of his rights and options, the applicant submitted a formal request under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 10, for discharge for the good of the service in lieu of trial by court-martial for an offense punishable by a bad conduct or dishonorable discharge. The character of the discharge is commensurate...
ARMY | BCMR | CY2008 | 20080011418
On 17 March 1972, the applicant's parole was suspended. In accordance with Title 10, United States Code, Section 1552, the authority under which this Board acts, the Army Board for Correction of Military Records is not empowered to change a court-martial conviction, rather it is only empowered to change the severity of the sentence imposed in the court-martial process and then only if clemency is determined to be appropriate. Conviction and discharge were effected in accordance with...
ARMY | BCMR | CY2008 | 20080011419
The applicant states that when she was applying for enlistment, her Army Recruiter told her that her separation document (DD Form 214) had the wrong RE code. She was also informed that she would be ineligible to apply for enlistment in the United States Army for a period of two years after discharge, and that she may make application to the Army Discharge Review Board or the Army Board for Correction of Military Records for upgrading; however, she acknowledged she realized that an act of...
ARMY | BCMR | CY2008 | 20080011420
The applicant requests, in effect, corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 17 March 1997, to show in Item 7b (Home of Record [HOR] at Time of Entry), his correct HOR as Grand Prairie, Texas; Item 11 (Primary Specialty), the military occupational specialty (MOS) 88H, Cargo Handler; and Item 12d (Total Prior Active Service) and Item 12e (Total Prior Inactive Service), his Army Delayed Entry Program (DEP) and Texas Army National Guard...
ARMY | BCMR | CY2008 | 20080011421
The applicant requests correction of his records to show he was medically retired instead of honorably separated. Counsel requests the applicant's records be corrected to show he was medically separated. There is no evidence of record to show the applicant was ever unfit for military duty.
ARMY | BCMR | CY2008 | 20080011422
On 23 March 1987, the applicant's commanding officer informed him that he was initiating action under Chapter 14 (Separation for Misconduct), Army Regulation 635-200 (Enlisted Personnel) to determine whether he should be discharged from active duty due to a pattern of misconduct. On 2 April 1987, the proper separation authority approved the applicant's discharge under the provisions of Chapter 14, Army Regulation 635-200, and directed that he be issued a General Discharge Certificate. Army...
ARMY | BCMR | CY2008 | 20080011424
On 27 March 2007, the applicant consulted with counsel and voluntarily requested discharge, for the good of the service, in lieu of trial by court-martial, under the provisions of Army Regulation 635-200, chapter 10. The authority for discharge under this separation code is Army Regulation 635-200, Chapter 10. The evidence shows the applicant was voluntarily discharged under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, in lieu of trial by court-martial.
ARMY | BCMR | CY2008 | 20080011425
The applicant requests, in effect, award of the Purple Heart (PH). The Purple Heart is not included in the list of awards. The Purple Heart is also not included in the list of awards contained in Item 41.
ARMY | BCMR | CY2008 | 20080011426
Records show the applicant participated in three campaigns during his assignment in Vietnam. The applicant participated in three campaigns during his assignment in Vietnam which makes him eligible for award of the Vietnam Service Medal with three bronze service stars. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the first award of the Good Conduct Medal for the period 20 May 1968 through 8 April 1970;...
ARMY | BCMR | CY2008 | 20080011428
The applicant states, in effect, that his service record shows he served in the Republic of Vietnam and Okinawa, but his DD Form 214 only shows Foreign Service in USARPAC (United States Army, Pacific). Army Regulation 635-5, in effect at the time of the applicant's separation, prescribes that the DD Form 214 should show the Soldier's total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was...
ARMY | BCMR | CY2008 | 20080011430
The applicant requests that his dishonorable discharge (in effect, his under other than honorable conditions discharge) be upgraded to an honorable discharge. He states that if he does not get a discharge he will go AWOL again. However, there is no evidence in his record nor did the applicant provide any evidence to show that his discharge should be upgraded to an honorable discharge.
ARMY | BCMR | CY2008 | 20080011433
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 9 November 1972, the separation authority approved the applicants request for discharge and directed that he be issued an Undesirable Discharge Certificate. 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.
ARMY | BCMR | CY2008 | 20080011434
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. 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. However, at the time of the applicants separation the regulation provided for the issuance of an undesirable discharge.
ARMY | BCMR | CY2008 | 20080011435
Nonjudicial punishment (NJP) was imposed against the FSM on 25 July 1955 for being absent without leave (AWOL) for approximately 5 hours on 23 July 1955. His punishment consisted of a reduction in pay grade. A review of the available records does not show that the FSM ever applied to the Army Discharge Review Board for an upgrade of his discharge within that boards 15-year statute of limitations.
ARMY | BCMR | CY2008 | 20080011438
Accordingly, the applicant was discharged under honorable conditions on 15 September 1992, under the provisions of Army Regulation 635-200, chapter 13 for unsatisfactory performance. There is no evidence in the available records to show that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that boards 15-year statute of limitations. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for...
ARMY | BCMR | CY2008 | 20080011441
All documents on file in the applicant's Official Military Personnel File (OMPF) that contain a SSAN list the one he now claims is incorrect, and there is no indication in his record that he ever attempted to change his SSAN or to resolve an SSAN discrepancy while he was serving on active duty. All documents on file in his OMPF also list the SSAN listed on his enlistment documents, qualification record and DD Form 214, which confirms he performed all of his military service under the SSAN...
ARMY | BCMR | CY2008 | 20080011443
Application for correction of military records (with supporting documents provided, if any). The SSA printout shows SSN XXX-XX-9314 is currently assigned to an individual of the same name as the applicant. However, the Record of Proceedings will be filed in the applicant's military records; therefore, a record of the additional SSN issued by the SSA will be on hand to clarify any questions that may arise.
ARMY | BCMR | CY2008 | 20080011444
There also is no evidence that shows he was treated for wounds as a result of hostile action in Vietnam. Unfortunately, the Purple Heart certificate provided by the applicant alone is insufficient evidence to show he is authorized the award. _________xxxx____________ 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 | 20080011445
A memorandum, dated 2 February 2006, shows the applicant was considered by a Department of the Army Reserve Components Selection Board but not selected for promotion to captain. On 14 February 2008, the ABCMR, in part, directed that the applicants records be submitted to a duly constituted Special Selection Board (SSB) as deemed appropriate for promotion consideration for captain under the 2006 criteria; and recommended that if selected, his records be further corrected by showing he was...
ARMY | BCMR | CY2008 | 20080011448
He also states that he has had the award of the ARCOM removed from his Enlisted Records Brief (ERB). Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing the award of the ARCOM dated 18 October 2007 from his OMPF and...
ARMY | BCMR | CY2008 | 20080011449
Application for correction of military records (with supporting documents provided, if any). The applicant's military records show that he enlisted in the Regular Army on 30 January 1962. As a result, the Board recommends that the DD Form 214 of the individual concerned, Item 2, Service Number be corrected to show "RA -- --- 187."
ARMY | BCMR | CY2008 | 20080011450
The applicant's military service records contain a DA Form 2627 (Record of Proceedings Under Article 15, UCMJ), dated 4 November 2004. The DD Form 214 also shows that the separation authority and reason for his discharge was Army Regulation 635-200, paragraph 14-12c(2), misconduct. The evidence of record shows that the RE Code 4 that the applicant received was appropriately assigned based on the authority and reason for his discharge.
ARMY | BCMR | CY2008 | 20080011452
Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record) does not show she was awarded the Army Achievement Medal. In a self-authored statement, dated 23 June 2008, the applicant states that she was promised an award of the Army Achievement Medal during her assignment to the 103rd Military Intelligence Battalion in Germany for painting artistic murals inside the dining facility and creating visual posters that were laminated and decorated...
ARMY | BCMR | CY2008 | 20080011454
IN THE CASE OF: BOARD DATE: 30 September 2008 DOCKET NUMBER: AR20080011454 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. That office recommended the applicant receive BCP in arrears for the period 15 September 2004 through 7 February 2007 utilizing a Health Professions Pay Entry Date or finance MS-Pay-Date of 15 September 2001 for the correct pay rate level. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing...
ARMY | BCMR | CY2008 | 20080011455
The applicant requests, in two separate applications, that he be furnished a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) to reflect his service in Korea/Indochina and that he be awarded the Army Commendation Medal, the Army Good Conduct Medal, the Army Reserve Components Achievement Medal (Army National Guard), the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Korea Defense Service Medal, the Vietnam Service Medal,...
ARMY | BCMR | CY2008 | 20080011460
IN THE CASE OF: BOARD DATE: 7 October 2008 DOCKET NUMBER: AR20080011460 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The regulation states the reason for discharge based on separation code KFS is In lieu of trial by court-martial and the regulatory authority is Army Regulation 635-200, chapter 10.
ARMY | BCMR | CY2008 | 20080011477
IN THE CASE OF: BOARD DATE: 25 September 2008 DOCKET NUMBER: AR20080011477 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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 designator codes to be used for these stated reasons. Evidence of record shows the applicant was separated from active duty and...
ARMY | BCMR | CY2008 | 20080011478
The applicant requests in effect, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect that he was awarded the Bronze Star Medal with "V" Device and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. In support of his application, the applicant provides copies of pages 3 and 4 of his DA Form 20 (Enlisted Qualification Record); his orders for the Bronze Star Medal with "V" Device; his Armorers Course and the...
ARMY | BCMR | CY2008 | 20080011479
There are no orders in the applicant's military record showing he was awarded the CIB. The applicant's records show 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: a. awarding the Purple Heart (First Oak Leaf Cluster) for wounds sustained in action against the enemy on 3 May 1968 and correcting the record to show this award; b. awarding the applicant the AGCM (First Award) for...
ARMY | BCMR | CY2008 | 20080011480
Application for correction of military records (with supporting documents provided, if any). The applicant's record shows that he was commissioned a second lieutenant in the Army National Guard (ARNG) on 9 April 1985. The evidence of record clearly shows the applicant was injured; however, there is insufficient evidence to support a conclusion that this injury was sustained as a result of an application of external force or violence (a traumatic event) or a condition whose cause can be...
ARMY | BCMR | CY2008 | 20080011481
The applicant requests, in effect, that her records be corrected to reflect that she elected not to participate in the Survivor Benefit Plan (SBP) and that she be reimbursed for all of the deductions from her retired pay. Additionally, the applicant has not submitted any current verification of her spouse's concurrence or non-concurrence with her desire to correct her records to show she elected not to participate in the SBP; therefore, it would not be appropriate for the Board to make the...
ARMY | BCMR | CY2008 | 20080011482
A discharge under other than honorable conditions was normally appropriate for a Soldier discharged under this chapter. 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 applicant admitted to using marijuana, the urinalysis procedures were not an issue before the board.