ARMY | BCMR | CY2008 | 20080012084
IN THE CASE OF: BOARD DATE: 11 September 2008 DOCKET NUMBER: AR20080012084 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that a DA Form 2627 (Record of Proceedings Under Article 15, UCMJ) imposed on 22 January 2002 be removed from the restricted section of his Official Military Personnel File (OMPF). A DA Form 2627, dated 22 January 2002, shows that nonjudicial punishment was imposed against the applicant for driving under the influence of alcohol on 15 October 2001.
ARMY | BCMR | CY2008 | 20080012086
The applicant requests, in effect, that her bad conduct discharge (BCD) be upgraded to a discharge that will allow her to join a Reserve unit. 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. Although not explained in the available records, the applicant was reduced to the pay grade of E-3 for misconduct on 1 April 1985.
ARMY | BCMR | CY2008 | 20080012087
The applicant's WD AGO Form 53-55 shows he was promoted to PFC on 12 August 1945 and held that grade until he was separated on 2 December 1946. With respect to the applicant's grade, there was no requirement to list the applicant's induction grade or grade at the time of entry onto the WD AGO Form 53-55. The evidence of record shows that the applicant was promoted to PFC on 12 August 1945 and he held this grade until he was separated on 2 December 1946.
ARMY | BCMR | CY2008 | 20080012089
The applicant states, in effect, she had a hernia operation while serving in Kuwait which resulted in residual pain. The applicant provides: a. If the MEBD determines the Soldier does not meet retention standards, the board will recommend referral of the Soldier to a PEB.
ARMY | BCMR | CY2008 | 20080012090
Application for correction of military records (with supporting documents provided, if any). The applicant essentially states that he served with Company A, 6th Tank Battalion (90-millimeter [mm] Gun), 24th Infantry Division, from February 1954 until September 1954, and that he believes that he qualifies for the Korean Service Medal since his unit was under the operational control of the Commander-in-Chief, Armed Forces Far East. However, there is no evidence in the available records which...
ARMY | BCMR | CY2008 | 20080012092
IN THE CASE OF: BOARD DATE: 30 OCTOBER 2008 DOCKET NUMBER: AR20080012092 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states that he was assigned to Izmir, Turkey, during the appropriate dates. The evidence of record shows the applicant served in Turkey from 30 October 1991 to 13 November 1992.
ARMY | BCMR | CY2008 | 20080012093
The applicant requests that his general discharge under honorable conditions be upgraded to an honorable discharge based on clemency. On 20 April 1992, the Commanding General of U.S. Army Recruiting Command approved the applicant's waiver of his right to appear before an administrative separation board and directed that the applicant be discharged from the Army under the provisions of Army Regulation 635-200, chapter 14, paragraph 14-12c for misconduct - abuse of illegal drugs. The...
ARMY | BCMR | CY2008 | 20080012094
Since there is no evidence of record which shows that the applicant was wounded as a result of hostile action on any date other than 11 September 1969 or that he was wounded on more than one occasion on 11 September 1969, there is insufficient evidence on which to base any additional awards of the Purple Heart in this case. Evidence of record shows the applicant served in Vietnam from 10 May 1969 to 28 October 1969, and in Korea from 7 February 1971 to 23 September 1971. As a result, the...
ARMY | BCMR | CY2008 | 20080012100
Therefore, he is entitled to award of the Republic of Vietnam Campaign Medal and correction of his military records to show this award. The applicant participated in three campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show three bronze service stars to be affixed to his already-awarded Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2008 | 20080012102
There is no evidence of record nor has the applicant submitted any evidence that shows he was awarded the CIB. Evidence of record shows that he served in an infantry MOS in an infantry unit. ___________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 | 20080012104
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Infantryman Badge. Although the evidence of record shows the applicant served as an infantryman during his assignment in Iraq, there is no evidence of record and he provides no evidence which shows he was assigned to an infantry unit that engaged in active ground combat or that he was personally present and under hostile fire in Iraq. Therefore, there is...
ARMY | BCMR | CY2008 | 20080012106
It shows the unit the applicant was assigned to while serving in the Republic of Vietnam, the 51st Field Hospital, was not cited for award of the Presidential Unit Citation for actions in the Republic of Vietnam. There is no evidence in the applicant's service personnel records that show he was awarded the Purple Heart. There is no evidence in the available records and the applicant has not provided sufficient evidence showing award of the Presidential Unit Citation.
ARMY | BCMR | CY2008 | 20080012109
The applicant states that the DVA rated the FSM's cancer as service-connected and granted him death benefits "because the veteran died of a condition that was military service related" (exhibit F). Bilateral pleural based masses were present, greater on the right. There is no evidence of any multiple myeloma cancer cells during the process of the FSM's retirement physical examination or his prior medical evaluation for back pain.
ARMY | BCMR | CY2008 | 20080012111
The applicant requests that his general court-martial be expunged from his official records. The applicant has not provided any evidence in support of his application. 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...
ARMY | BCMR | CY2008 | 20080012112
The applicant states that as a member of the Enlisted Reserve Corps (ERC), he entered active duty after completion of the first two years of senior Reserve Officers Training Corps (ROTC). The applicants WD AGO Form 53-55 also shows the applicant entered active duty on 14 July 1943 in Iowa City. It is unclear if the applicant was qualified for the higher grade.
ARMY | BCMR | CY2008 | 20080012115
The IG report noted that none of the MPs who quelled the riot could or would identify a single Negro as having participated in the riot although they were in a fully-lighted orderly room for from 15 to 30 minutes with a large number of the rioters. During the IG investigation, one of the Italian witnesses, Mag___, was asked about a Negro MP. The lead defense counsel had 9 days from service of the charges on the applicant and on 42 other accused to prepare for trial.
ARMY | BCMR | CY2008 | 20080012117
Item 22 (Appointments and Reductions) shows that he was promoted to the rank of specialist four (SP4) on 7 January 1969, and that this was the highest rank he held while serving on active duty. On 16 April 1971, the applicant was discharged accordingly. The separation document (DD Form 214) issued to the applicant upon his discharge shows he was separated under the provisions of Army Regulation 635-206, and that he was issued an UD discharge.
ARMY | BCMR | CY2008 | 20080012118
Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows all the awards he was authorized; however, it does not show the award of the Legion of Merit. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned to award him the Legion of Merit. _________X_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the...
ARMY | BCMR | CY2008 | 20080012119
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
ARMY | BCMR | CY2008 | 20080012121
A review of the applicant's discharge documents shows that the unit commander, in his notification to the applicant of discharge proceedings, stated "I am initiating action to separate you for a commission of a serious offense. The evidence of record shows that he was involuntarily processed for discharge by reason of commission of a serious offense abuse of illegal drugs. The applicant's wrongful use of marijuana formed the basis for his discharge action.
ARMY | BCMR | CY2008 | 20080012126
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 4 March 1969, the applicant's commander recommended that, under the provisions of Army Regulation 635-212 (Personnel Separations, Discharge, Unfitness and Unsuitability), the applicant be required to appear before a board of officers to...
ARMY | BCMR | CY2008 | 20080012130
Based on the FSMs 1 year and 12 days of service in the continental United States during WWII, he is entitled to the World War II Victory Medal and ACM, and it would be appropriate to add these awards to his record and separation document at this time. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his WD AGO Form 53-55 by deleting the current entry in Item 33 and by adding the entry "World War II Victory Medal...
ARMY | BCMR | CY2008 | 20080012133
Application for correction of military records (with supporting documents provided, if any). It provides 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 did not make a mistake, he committed three serious offenses.
ARMY | BCMR | CY2008 | 20080012134
The applicant requests, in effect, correction of his military records to add two letters of commendation to his official military personnel file (OMPF) and to have his records considered by a Department of the Army Special Selection Board (SSB) for promotion to colonel. On 12 October 2007, the applicant wrote a letter to the President, 2007 Department of the Army Reserve Components Colonel Selection Board, wherein he stated that he had reviewed his promotion board file on-line and had...
ARMY | BCMR | CY2008 | 20080012135
Application for correction of military records (with supporting documents provided, if any). Item 18 (Remarks) of the applicant's DD Form 214 shows the entry "DD Form 215 (Correction to DD Form 214) will be issued to provide missing information." The purpose of the separation document is to provide the individual with documentary evidence of their active duty military service.
ARMY | BCMR | CY2008 | 20080012136
The applicant requests that his social security number (SSN) be corrected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 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 the applicant's letter from the Social Security Administration shows...
ARMY | BCMR | CY2008 | 20080012139
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Combat Infantryman Badge (CIB), the Bronze Star Medal (BSM), and the Air Medal (AM). There is no evidence in the applicant's official record to show he was awarded the AM. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.
ARMY | BCMR | CY2008 | 20080012140
The applicant requests, in effect, award of the Air Medal. The applicants military service records are absent orders or any other evidence that he was awarded the Air Medal. U.S Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal for sustained operations.
ARMY | BCMR | CY2008 | 20080012143
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Combat Infantryman Badge (CIB). Although the applicant contends that he was awarded the CIB, there is no corroborating evidence in his official military record. Further, there is no evidence that he actively participated in ground combat, a requirement for award of the CIB.
ARMY | BCMR | CY2008 | 20080012144
Application for correction of military records (with supporting documents provided, if any). Although USARPAC is reflected on his DD Form 214 as the place that he completed his Foreign and/or Sea Service, his service in Germany from 19 October 1964 through 22 November 1965 is included in Item 22c on his DD Form 214 along with his service in Vietnam. ___ XXX ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction...
ARMY | BCMR | CY2008 | 20080012146
Application for correction of military records (with supporting documents provided, if any). He states that his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he has an under other than honorable conditions discharge with a separation code of JKN and a reentry code of RE-3. On 22 March 2000, the Army Board for Correction of Military Records denied the applicant's petition to change his reentry code of RE-3.
ARMY | BCMR | CY2008 | 20080012147
The applicant submits two DD Forms 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552) for periods of service ending on 10 January 1988 and 1 September 1993 in which he requests, in effect, award of overseas service tour credit and adjustment in accordance with Army Regulation 614-30 (Overseas Service), Table 3-2 (Award of Tour Credit and Adjustment of DEROS/DROS), rule 11, and Table 3-3 (Creditable Periods of Overseas Service), rule...
ARMY | BCMR | CY2008 | 20080012150
A second elimination board convened on 27 May 1977 and recommended the applicant be discharged by reason of misconduct and that the applicant be furnished an Other than Honorable Conditions Discharge Certificate. Based on this record of indiscipline, the applicant's service clearly does not meet the standards of acceptable conduct and performance of duty for Army personnel. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of...
ARMY | BCMR | CY2008 | 20080012151
IN THE CASE OF: BOARD DATE: 16 October 2008 DOCKET NUMBER: AR20080012151 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 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 | 20080012152
The applicant requests that his undesirable discharge be upgraded to fully honorable. 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. However, at the time of the applicant's separation the regulation provided for the issuance of an undesirable discharge.
ARMY | BCMR | CY2008 | 20080012154
However, based on the above evidence that shows the applicant was advanced to the pay grade of E-4, PERSCOM Orders D168-3, dated 25 August 1992, should be amended to show his retired grade and rank as SPC/E-4, with entitlement to back pay and allowances. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the entry in item 12h of his DD Form 214; b. amending his DD Form 214 in item 12h to add 29 July 1992; c....
ARMY | BCMR | CY2008 | 20080012155
He also requests that his Honorable Discharge Certificate be corrected to show the correct unit in which he was separated; that the military occupational specialty listed on his NGB Form 22 be corrected; and that he be awarded the Global War on Terrorism Service Medal, the Armed Forces Reserve Medal, and the Army Reserve Component Achievement Medal. Army Regulation 600-8-22 (Military Awards), as amended by Military Personnel Message Number 96-196, provides for award of the Armed Forces...
ARMY | BCMR | CY2008 | 20080012158
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 16 February 1972 to show award of the Combat Infantryman Badge. His DD Form 214 for the period ending 16 February 1972 shows he was awarded the Army Good Conduct Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), two Overseas Service Bars, the Army Commendation Medal, and the Purple Heart. As a result, the...
ARMY | BCMR | CY2008 | 20080012160
When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. Upon successful completion a clemency discharge would be issued. Therefore, the applicant's record of service is insufficiently meritorious to warrant a general discharge or an honorable discharge.
ARMY | BCMR | CY2008 | 20080012162
It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. Therefore, his records should be corrected to show this 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...
ARMY | BCMR | CY2008 | 20080012163
The applicant requests, in effect, reconsideration of his earlier request for correction of his military records to show award of the Bronze Star Medal and the Combat Infantryman Badge. f. The applicant argues, in effect, that the administrative errors in his military record should not be a basis for denying him award of the Combat Infantryman Badge. The historical extract of the 1st Infantry Division does not provide any substantiating evidence showing that either the applicant or his...
ARMY | BCMR | CY2008 | 20080012164
e. AF Form 3899 showing transfer from Landstuhl Regional Medical Center to US Army Medical Activity (USA MEDDAC), Fort Carson, CO. f. Two SFs 513E (Consultation Report) from Family Practice and printed on 13 October 2004. g. Automated SF 600 (Medical Record Chronological Record of Medical Care), dated 13 October 2004. h. Two Department of Veterans Affairs (DVA) Progress Notes, dated 2 May 2007 and 25 January 2008 (2 pages). Pertinent Army regulations provide that prior to discharge or...
ARMY | BCMR | CY2008 | 20080012165
On 6 October 2005, the Army Board for Correction of Military Records (ABCMR) granted relief of the applicants prior application by correcting his enlistment contract to show he enlisted in the Regular Army on 24 November 2004. DISCUSSION AND CONCLUSIONS: Evidence of record shows the applicant enlisted in the Regular Army on 24 November 2004. _____XXXX_________________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...
ARMY | BCMR | CY2008 | 20080012166
The Army implementation guidance for Public Law 107-14 stipulated that collection of FSGLI premiums was automatic absent a declination from the Soldier. Further, the implementation instructions for the FSGLI program clearly stipulated that in the case of married couples on active duty, premiums would be automatically deducted from each spouses pay for coverage of his or her spouse. Absent any evidence of record showing the applicant and/or her spouse complied with the DEERS registration...
ARMY | BCMR | CY2008 | 20080012167
Application for correction of military records (with supporting documents provided, if any). The applicant provides his reduction orders, orders log, and electronic mail (e-mail) messages in support of his reconsideration request. The evidence of record confirms that although administrative errors were made in the publication of the reduction orders in question, the revocation of the applicant's SSG promotion orders was properly accomplished based on his ineligibility due to a FLAG action,...
ARMY | BCMR | CY2008 | 20080012176
Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. As a result, Item 24 of his DD Form 214 should be corrected to show these awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Item 24 of the DD Form 214 by adding the Army Commendation Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Sharpshooter Marksmanship Qualification...
ARMY | BCMR | CY2008 | 20080012177
The applicant requests correction of Item 14 (Military Education) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show completion of the 2-week Jumpmaster Course in 1995. In the version in effect at the time, Item 14 of the DD Form 214 lists formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. _______ _ X_______ ___ CHAIRPERSON I certify that herein is recorded the true and...
ARMY | BCMR | CY2008 | 20080012179
The applicant requests, in effect, that his record be corrected to show his service in Vietnam. Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Germany for the period from 12 January 1973 through 30 April 1974. Based on the evidence of record, the applicant is not entitled to a correction of his record to show he served in Vietnam.
ARMY | BCMR | CY2008 | 20080012181
The DD Form 214 issued to him at that time contains the number 5 as the last digit of his SSN. The evidence of record confirms the SSN under which the applicant entered active duty and under which he performed his active duty service contains the number 5 as the last digit, and not the number 9 as listed on his BSM order, certificate, and citation. The SSN entered on the DD Form 47 prepared on him during induction, the DA Form 20 prepared on him upon his entry on active duty, and the...
ARMY | BCMR | CY2008 | 20080012183
The applicant states that he was not told he could submit a request for a waiver to the bar to reenlistment after his discharge. The applicant provides the following additional documentary evidence in support of his application: a. DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 28 September 1984. b. Interim change 12 of this regulation (applicable at the time of the applicant's discharge) prescribed basic eligibility for prior-service applicants for enlistment.