ARMY | BCMR | CY2008 | 20080012266
The applicant requests, in effect, that his records be corrected to show he was authorized to move his household goods (HHG) on 15 May 2008 prior to the issuance of orders transferring him to the Temporary Disability Retired List (TDRL). The applicant provides, in support of his application, copies of a letter from the U.S. Army Physical Disability Agency (USAPDA); three pages of records of medical care from Madigan Army Center; a listing of his medical appointments; a truck rental...
ARMY | BCMR | CY2008 | 20080012267
Counsel also states that the applicant and FSM had 3 children together who are now adults; that the applicant and FSM never divorced, although they were separated at the time of his death because of his philandering; and neither attempted to terminate their marriage of 26 years. DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552) dated 14 February 2008 shows that the applicants surname is not that of the FSM. However, the...
ARMY | BCMR | CY2008 | 20080012268
The applicant requests, in effect, that item 12a (Date Entered AD (active duty) This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 August 2004 be corrected to show he entered active duty on 3 November 2002. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. There is no evidence of record to show the applicant received a DD Form 214 for his period of...
ARMY | BCMR | CY2008 | 20080012270
On 19 May 1989, the applicants unit commander initiated action to separate him under the provisions of Army Regulation 635-200, chapter 14, for misconduct (civil conviction). The applicants record of service included one summary court-martial conviction and 260 days of lost time. ________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 | 20080012272
The Soldier was waiting to ship to "BT/AIT" (basic training/advanced individual training) and could not ship without paying his fine. The applicant states that the Board findings in paragraph 4 of the Discussion and Conclusion section, of Docket Number AR20070005672, were stated as followed: Unfortunately, whether the Soldier was assessed in the USAR (United States Army Reserve) or not, the interference by the applicant was clearly not in compliance with USAREC Regulation 601-45, because a...
ARMY | BCMR | CY2008 | 20080012273
Application for correction of military records (with supporting documents provided, if any). Accordingly, the applicant was discharged UOTHC on 17 March 1992 for a pattern of misconduct. The applicant has not submitted any documentation to support his contentions that he was corrupted by older Soldiers, that his mother was gravely ill, or that his girlfriend was pregnant.
ARMY | BCMR | CY2008 | 20080012274
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. There is no evidence in the available records which show that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. The applicant's DA Form 20 (Enlisted Qualification Record) does not show...
ARMY | BCMR | CY2008 | 20080012275
The applicant states that he served 6 months in Vietnam and after 40 years and the amnesty granted by the President, he should also receive an upgrade of his discharge. The applicant was convicted by a special court-martial on 24 August 1967 of being AWOL from Fort Riley from 23 September 1966 to 19 June 1967. Accordingly, the applicant was transferred to Fort Lewis, Washington where he was discharged with an undesirable discharge on 22 June 1968, under the provisions of Army Regulation...
ARMY | BCMR | CY2008 | 20080012277
The applicant requests, in effect, that his records be corrected by adding the awards of the Bronze Star Medal, Meritorious Service Medal, Combat Action Badge, and Meritorious Unit Commendation to his separation document (DD Form 214) and military file. The Certificate of Award and DA Form 638 with Permanent Orders C285-04, dated 12 October 2006, issued by Headquarters, United States Army Civil Affairs and Psychological Operations Command (Airborne), Fort Bragg shows that the applicant was...
ARMY | BCMR | CY2008 | 20080012278
There is no indication on the applicant's enlistment contract, nor is there any other evidence of record, which shows that his enlistment in the USMC was for the purpose of fulfilling the obligation he incurred as a result of his being disenrolled from the ROTC program for breach of contract. The evidence of record shows that during the process of disenrolling the applicant from the ROTC program for breach of contract, he was afforded the opportunity to repay the debt monetarily or agree to...
ARMY | BCMR | CY2008 | 20080012281
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his correct date of birth. There is no available evidence of record showing that this date of birth was incorrectly entered on his DD Form 214 or that he used a different date at any time during his military service.
ARMY | BCMR | CY2008 | 20080012283
The applicant requests Permanent Order 338-113, Department of the Army (DA), Detachment C, 55th Personnel Services Battalion, dated 4 December 1998, be removed from his Official Military Personnel File (OMPF). Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes the policies and mandated operating tasks for the Military Personnel (MILPER) Information Management/Records Program of the Military Personnel System. As a result, the Board recommends that all...
ARMY | BCMR | CY2008 | 20080012288
IN THE CASE OF: BOARD DATE: 21 October 2008 DOCKET NUMBER: AR20080012288 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that items 4a (Grade, Rate or Rank), 4b (Pay Grade), and 12h (Effective Date of Pay Grade) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 25 August 2008 be corrected to show he was promoted to major/pay grade O4 effective 30 May 2008. The applicant states that he was promoted to major...
ARMY | BCMR | CY2008 | 20080012290
The applicant requests that he be credited with one year of Temporary Disability Retired List (TDRL) retirement points. Army Regulation 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records) states that only Ready Reserve Soldiers and Active Standby Reserve Soldiers are authorized retirement point credit. The applicant requested that he be credited with one year of TDRL points.
ARMY | BCMR | CY2008 | 20080012291
The applicants military service records show that he served in Afghanistan from 24 March 2004 through 5 April 2005 while assigned to the 58th Military Police Combat Support. Standard Form 600 dated 26 June 2007 shows that the applicant reported that he met with his battalion commander and command sergeant major to discuss recommendations. The evidence of record shows that the applicant was charged with violations of Article 113 punishable under the Uniform Code of Military Justice with a...
ARMY | BCMR | CY2008 | 20080012292
Service medical records for the period 26 December 1944 through 25 January 1945 show the applicant was treated for frostbite of his feet. As a result the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the Good Conduct Medal (first award) during the period from 13 February 1943 to 27 September 1945 and amending his DD Form 214 to add this award. While "severe" frostbite was a justification for award of the Purple...
ARMY | BCMR | CY2008 | 20080012295
On 6 May 1991, the applicant's immediate commander initiated a Bar to Reenlistment Certificate against the applicant citing his (the applicant's) poor performance on the APFT (Army Physical Fitness Test) due to having three consecutive APFT failures. Army Regulation 623-205 (Evaluation Reporting System), in effect at the time, established the policies and procedures for the preparation and submission of the NCOERs for corporals through command sergeants major. Army Regulation 623-205 also...
ARMY | BCMR | CY2008 | 20080012299
Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 9 August 1967 to 6 June 1969 ending with termination of a period of active enlisted Federal military service. The applicant's military personnel records show he participated in four campaigns during his service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned...
ARMY | BCMR | CY2008 | 20080012300
Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may, submit a request for discharge for the good of the service in lieu of trial by court-martial. Separation program designator (SPD)/Reentry (RE) codes cross-reference table , states that Army Regulation 601-210 determines Regular Army and USAR reentry eligibility and provides regulatory guidance on the RE...
ARMY | BCMR | CY2008 | 20080012302
The applicant's military service records contain a DD Form 1966-Series (Application for Enlistment - Armed Forces of the United States), dated 13 January 1978. This document also shows that the applicant was issued SPD Code "JFS," his character of service was "under conditions other than honorable" for the period of service under review, and he was issued a DD Form 794A (Under Other Than Honorable Conditions Discharge Certificate). Army Regulation 635-200, Chapter 3-7a, provides that an...
ARMY | BCMR | CY2008 | 20080012303
He acknowledged that he might be discharged under other than honorable conditions and the possible effect of such a discharge. There is no evidence the applicant applied to the Army Discharge Review Board (ADRB) within its 15-year statute of limitations for an upgrade of his discharge. His request for discharge was approved and it was directed that he receive an Under Other That Honorable Conditions discharge.
ARMY | BCMR | CY2008 | 20080012304
The applicant requests that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her service in Iraq and award of the Army Achievement Medal (AAM). The available evidence shows that the applicant served in Kuwait/Iraq during the period from 19 February - 12 June 2003, for a total of 3 months and 22 days. The applicant had a qualifying period of service for award of the GWOTSM.
ARMY | BCMR | CY2008 | 20080012305
The applicant's DD Form 214 for the period ending 31 March 1988 shows he was awarded the Army Achievement Medal (First Oak Leaf Cluster), the Army Good Conduct Medal (6th Award), the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with device 1960, the Vietnam Gallantry Cross with Palm Unit Citation, the Army Service Ribbon, the Overseas Service Ribbon (1), the NCO Professional Development Ribbon (1), the Driver and Mechanic Badge, Marksman Badge (M-16),...
ARMY | BCMR | CY2008 | 20080012307
Application for correction of military records (with supporting documents provided, if any). The evidence of record confirms the applicant earned the CIB while serving in the RVN, as evidenced by the CIB certificate on file in his MPRJ, which is supported by entries on his DA Form 20. Therefore, it would be appropriate to add the CIB and all awards earned by the applicant during his military service to the list of awards contained on his final separation document at this time.
ARMY | BCMR | CY2008 | 20080012308
IN THE CASE OF: BOARD DATE: 15 January 2009 DOCKET NUMBER: AR20080012308 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that the Bronze Star Medal and the Combat Action Badge be added to his 25 November 2005 DD Form 214 (Certificate of Release or Discharge from Active Duty). Additionally the applicant is authorized the Overseas Service Ribbon by reason of his 9 months and 26 days of continuous service in Iraq and is authorized to wear one bronze service star on his...
ARMY | BCMR | CY2008 | 20080012309
He continued by stating that at that time he was unaware of any help he could receive with drilling with a unit, and that he was unable to attend drills due to his civilian employer at that time. The applicant's military records show that he enlisted in INARNG on 23 May 1978. In a statement on the same date, the applicant's commanding officer stated that he called the applicant on 17 October 1991 to find out why he did not attend drill on that morning and to inform him that he had...
ARMY | BCMR | CY2008 | 20080012310
IN THE CASE OF: BOARD DATE: 6 November 2008 DOCKET NUMBER: AR20080012310 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 July 2007 to show award of the Iraq Campaign Medal. The applicant's DD Form 214 for the period ending 1 July 2007 does not show the Iraq Campaign Medal as an authorized award.
ARMY | BCMR | CY2008 | 20080012312
The applicant states, in effect, that many other Soldiers in his platoon were awarded the ARCOM for the same missions he completed while serving on active duty. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. The evidence of record contains no orders or other documents to show the applicant was ever recommended for or awarded the ARCOM by proper authority while he served on active duty.
ARMY | BCMR | CY2008 | 20080012314
The applicant states, in effect, that he was not given the opportunity to state his case and he has two previous honorable discharges. The applicant was discharged on 13 October 1971 in pay grade E-1 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial with his service characterized as under conditions other than honorable. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor.
ARMY | BCMR | CY2008 | 20080012315
The applicant's service in the RVN is properly shown on his DD Form 214 in Item 22c (Foreign and/or Sea Service) as "USARV [United States Army Republic of Vietnam] 1 year." Item 24 of the applicants DD Form 214 does not show award of the Purple Heart. In the absence of evidence to support the applicant's contentions that he was wounded or injured as a result of hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.
ARMY | BCMR | CY2008 | 20080012316
The applicant enlisted in the Regular Army in Houston, Texas on 22 November 1989 for a period of 3 years, training as a single channel radio operator and assignment to Fort Hood, Texas. 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. A condition of submitting such a request is that the individual concerned must admit guilt to the...
ARMY | BCMR | CY2008 | 20080012318
The applicant requests, in effect, transfer to the Retired Reserve. The memorandum further advised that if he desired orders transferring him to the Retired Reserve, he must apply in writing by 15 July 1991. The memorandum advised him, in effect, that officers twice non-selected for promotion must be discharged unless they were eligible for transfer to the Retired Reserve or had a service obligation and were eligible for retention to complete 20 years.
ARMY | BCMR | CY2008 | 20080012320
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 7 March 1991, the separation authority approved the applicant's request for discharge and directed he be issued an under other than honorable conditions discharge. There is no evidence that the applicant was maltreated by his unit or that he did not receive the assistance he needed.
ARMY | BCMR | CY2008 | 20080012325
There is no documentation on file in the record to show the applicant submitted a hardship discharge packet in response to this discussion with his unit commander or that he pursued some other resolution of his problems through his chain of command. On 30 August 1996, the applicant's unit commander requested the applicant be separated from the NCARNG under the provisions of Army Regulation 131-91, as an unsatisfactory participant, and recommended the applicant receive a GD. Paragraph 8-27g...
ARMY | BCMR | CY2008 | 20080012327
Application for correction of military records (with supporting documents provided, if any). The applicant's contention that he should be awarded the PH based on being wounded in action during World War II was carefully considered. Therefore, it would not be appropriate or serve the interest of all those who served in World War II and who faced similar circumstances to grant the requested relief.
ARMY | BCMR | CY2008 | 20080012329
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant was entitled to an administrative hearing based on his being processed for discharge due to drug abuse that could result in a discharge under other than honorable discharge and his having more that 6 years of total active and/or reserve military service. _________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...
ARMY | BCMR | CY2008 | 20080012330
There is no evidence in the available records which show the applicant was disqualified for this award. Evidence of record shows that the applicant participated in 3 campaigns during his service in the RVN. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding the already-awarded Purple Heart and ARCOM with "V" Device to his DD Form 214; b. awarding the AGCM (First Award) for the qualifying period of 7 June 1966...
ARMY | BCMR | CY2008 | 20080012332
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. There is no evidence in the available records which show that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. DISCUSSION AND CONCLUSIONS: There is no evidence of record which shows that...
ARMY | BCMR | CY2008 | 20080012335
The FSM's military record is not available to the Board for review. As a result, it would be appropriate to award the Bronze Star Medal to the FSM at this time. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show award of the Purple Heart for wounds sustained as the result of a hostile act on 22 January 1945 while he was serving in Belgium, Bronze Star Medal based on award of the Combat Infantryman Badge, and the...
ARMY | BCMR | CY2008 | 20080012337
The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. Therefore, it would be appropriate to award the applicant the Good Conduct Medal for his period of service from 31 March 1981 through 29 March 1984 and to correct his records to show this award. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2008 | 20080012338
He now requests award of the PH for this combat-related injury. The applicants record is void of orders or other documents that indicate he was ever wounded in action, or awarded the PH. The evidence of record provides no indication that the applicant was ever wounded in action, or that he was ever treated for a combat-related wound or injury by military medical personnel.
ARMY | BCMR | CY2008 | 20080012340
Application for correction of military records (with supporting documents provided, if any). 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. The applicant's record did not support the issue of an HD or GD by the separation authority at the time of the applicant's discharge nor does it support an upgrade of his discharge at this time.
ARMY | BCMR | CY2008 | 20080012344
He also requests that his Enlisted Qualification Record (DA Form 20) be corrected to show his military occupational specialty (MOS) as heavy weapons infantryman (11C1O). Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualifying 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. deleting the...
ARMY | BCMR | CY2008 | 20080012346
The applicant requests that his general discharge be upgraded to an honorable discharge. However, his contention that he was an excellent Soldier is not supported by the evidence of record. As previously stated, a discharge under other than honorable conditions is normally considered appropriate.
ARMY | BCMR | CY2008 | 20080012347
He goes on to state that he served past the mandatory removal dates (MRD) for both grades and should have been promoted to those grades based on his years of service because the courts have previously determined that constructive service counts the same as service that is actually served. He was selected for promotion to the rank of major in the Army of the United States and the Senate confirmed the selection list on 17 December 1987. On 30 April 2007, the applicant was honorably released...
ARMY | BCMR | CY2008 | 20080012348
The applicant's DD Form 214, dated 2 May 1975 shows, in effect, he was discharged under the provisions of Army Regulation 635-200, chapter 10 for the good of the service in lieu of trial by court-martial with an undesirable discharge. This DD Form 214 shows the applicant completed 5 years, 9 months, and 8 days of active military service this period with 85 days of lost time due to AWOL. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the...
ARMY | BCMR | CY2008 | 20080012350
The applicants military records are not available to the Board for review. It stated that the 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding...
ARMY | BCMR | CY2008 | 20080012352
The applicant requests that her discharge from the United States Army Reserve (USAR) be voided and that her Voluntary Separation Incentive (VSI) payments be reinstated. Notwithstanding that the HRC-STL discharged the applicant for her failure to return an MSO election form that the applicant claims she either did not receive or that she misunderstood at the time, there is no evidence in the available records to suggest that the applicant was advised that she would lose her VSI payments if...
ARMY | BCMR | CY2008 | 20080012354
This document further shows that Section XI (SBP Spouse Concurrence) is absent any indication the applicants spouse concurred with the SBP election made by the applicant or that she received information from the Retirement Services Officer (RSO) that explained the actions available and the effects of those options. The applicant contends, in effect, that his records should be corrected to show that he declined participation in the SBP and that all monies that have been collected by the...
ARMY | BCMR | CY2008 | 20080012355
An SBP election must be made prior to the effective date of retirement or the SBP will, by law, default to automatic SBP spouse coverage (if married). Since the applicant's record does not contain a DD Form 1883 and DFAS does not have one on file and there is no record of a 20-year letter, there is insufficient evidence to determine whether an election was made to provide an annuity for her spouse should the applicant die before reaching age 60. Since the applicant and her husband both...