ARMY | BCMR | CY2008 | 20080012356
Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-11 specifically provides that Soldiers who were not medically qualified under procurement medical fitness standards, when accepted for enlistment, or who became medically disqualified under these standards prior to entrance on active duty or active duty training or initial entry training will be separated. A medical proceeding, regardless of the date completed, must establish that a...
ARMY | BCMR | CY2008 | 20080012357
The applicants DD Form 214 shows that she was discharged on 31 December 1985 in the rank of private/pay grade E-1 with a characterization of general under honorable conditions for unsatisfactory performance under the provisions of chapter 13 of Army Regulation 635-200. The service of Soldiers separated because of unsatisfactory performance will be characterized as honorable or under honorable conditions as warranted by their military records. When authorized, it is issued to a Soldier...
ARMY | BCMR | CY2008 | 20080012358
The applicant requests an upgrade of his discharge from under other than honorable conditions discharge to an honorable. In his request for discharge, the applicant indicated that he understood that by requesting discharge, he was admitting guilt to the charges against him, or of a lesser included offense, that also authorized the imposition of a bad conduct discharge or a discharge under other than honorable conditions. However, there is no evidence in the available record and the...
ARMY | BCMR | CY2008 | 20080012360
Application for correction of military records (with supporting documents provided, if any). 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. XXX _______ _ _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...
ARMY | BCMR | CY2008 | 20080012361
The former spouse stated that the applicant retired in February 1988 after 20 years in the U.S. Army. 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 set aside a conviction. Therefore, the applicant's record of service is insufficiently meritorious to warrant an honorable discharge or a general discharge.
ARMY | BCMR | CY2008 | 20080012362
He was found mentally competent for pay purposes and had the capacity to understand the nature of, and to cooperate in, physical evaluation board (PEB) proceedings, and was not considered a danger to himself or others. It was noted during his hospital stay that he was able to control himself but simply did not take responsibility for his actions; that he would not cooperate with hospital management; and had a long history of difficulty in dealing with his feelings, especially anger. In...
ARMY | BCMR | CY2008 | 20080012363
He states that the stigma of his discharge has followed him throughout his life and he requests that his discharge be upgraded. At the time of his enlistment, he indicated that he had completed 10 years of education. The evidence of record indicates that when the applicant was in the Army, he took money and candy from a vending machine without paying; he purchased, and sold marijuana; and he wrongfully appropriated a boat that was government property.
ARMY | BCMR | CY2008 | 20080012364
He also states that he served honorably for 3 years prior to going absent without leave (AWOL), and feels that this period of honorable service warrants at least a general discharge. He also stated that he served honorably for 3 years prior to going AWOL, and feels that this period of honorable service warrants at least a general discharge. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the...
ARMY | BCMR | CY2008 | 20080012365
The applicant served in the RVN from 5 June 1968 through 4 June 1969. Regrettably, 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. Given the above, there is insufficient evidence upon which to grant award of the Purple Heart.
ARMY | BCMR | CY2008 | 20080012366
The evidence of record clearly shows that the applicant was paid $10,340.91 in separation pay, and not the $20,449.44 shown on her DD Form 214. As the applicant clearly exceeded her initial 3-year enlistment, the entry in item 18 of his DD Form 214 that states that she had not completed her first full term of service is in error. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. correcting item 18 of her DD Form 214 to...
ARMY | BCMR | CY2008 | 20080012368
The applicant's military service records are not available to the Board for review. There are no orders in the applicants available military service records that show he was awarded the Purple Heart. The applicant contends, in effect, that his records should be corrected to show award of the Purple Heart because his hearing loss is documented in his medical records and he has been granted a 100 percent disability rating by the DVA based on his service-connected condition.
ARMY | BCMR | CY2008 | 20080012370
Application for correction of military records (with supporting documents provided, if any). A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. The applicants properly constituted separation document confirms he held the rank of Staff Sergeant on the date of his separation, and that this was the highest rank he attained while serving on active duty.
ARMY | BCMR | CY2008 | 20080012371
The DD Form 214 he was issued at the time of his discharge confirms he was discharged under the provisions of paragraph 11-3a of AR 635-200 and his characterization of service was Entry Level Status or Uncharacterized. 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. In the version of this regulation in effect at the time, SPD code JGA was used for...
ARMY | BCMR | CY2008 | 20080012372
The applicant requests that his separation document, DD Form 214, be corrected to add his Air Medal and to show his rank as SP4, pay grade E-4. It was determined that he should be placed on the Retired List in the rank of SP4, pay grade E-4. Title 10, United States Code, section 1372, states that unless entitled to a higher retired grade under some other provision of law, any member of an armed force who is retired for physical disability under section 1201 or 1204 of this title, or whose...
ARMY | BCMR | CY2008 | 20080012374
The American Legion, as counsel for the applicant, requests that: a. all flag/negative actions in the applicant's record since 11 September 2001 be expunged; b. a non-prejudicial statement be placed in the applicant's Official Military Personnel File (OMPF) to cover the gap for the Officer Evaluation Report (OER) that he never received for his last year of service in Korea; c. the applicant be afforded promotion consideration to full colonel as if his security clearance had not been...
ARMY | BCMR | CY2008 | 20080012375
The applicant requests correction of his records to show award of the Army Commendation Medal, the Army Achievement Medal (2d Oak Leaf Cluster), the Good Conduct Medal, and the Iraq War Service Medal [Iraq Campaign Medal]. Permanent orders awarded the applicant three awards of the Army Achievement Medal for outstanding achievement and/or service during various periods of service which are not shown on his records; therefore, he is entitled to correction of his records to show these awards. ...
ARMY | BCMR | CY2008 | 20080012380
The applicant requests, in effect, reconsideration of his earlier petition requesting the Legion of Merit (LOM) he received upon retirement be added to the list of awards contained on his separation document (DD Form 214, Certificate of Release or Discharge from Active Duty). During its original review of the case, the Board found no evidence to corroborate the information contained on the LOM certificate provided by the applicant and determined the LOM certificate in and of itself was not...
ARMY | BCMR | CY2008 | 20080012381
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. The evidence of record and the advisory opinion from the G-1 clearly show the Army intended that the applicants be authorized the $8,000.00 enlistment bonus. As a result, the Board recommends that the applicants enlistment contract be amended to include entitlement to an $8,000.00...
ARMY | BCMR | CY2008 | 20080012388
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Legion of Merit (LOM). His DD Form 214 does not show award of the LOM. In the absence of orders, there is insufficient evidence to award the applicant the LOM.
ARMY | BCMR | CY2008 | 20080012390
On 25 March 2004, the unit commander notified the applicant of initiation of separation action under the provisions of chapter 14 of Army Regulation 635-200 (Enlisted Personnel Separations, paragraph 14-12c by reason of misconduct commission of a serious offense. A discharge under other than honorable conditions is normally appropriate for a soldier discharged under this chapter. The applicant's supporting evidence was carefully considered; however, post-service conduct is not a basis...
ARMY | BCMR | CY2008 | 20080012396
The statement made by the female NCO to the IG was not available for review. On 18 January 2007, the LOR imposing authority reviewed the applicant's rebuttal and considered the circumstances of the case. In his rebuttal to the LOR, the applicant indicates that he was a "friend and confidante" to the female NCO, that he allowed her access to his e-mail account, and that he did not know that he was not allowed to interact with NCOs of other nations.
ARMY | BCMR | CY2008 | 20080012397
The applicant states that his DD Form 214 only lists one Purple Heart. There is no evidence in his available service records which shows he was wounded as a result of hostile action or treated by medical personnel for any wounds on a date and time other than 11 September 1944. _________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 | 20080012402
IN THE CASE OF: BOARD DATE: 02 December 2008 DOCKET NUMBER: AR20080012402 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his discharge under other than honorable conditions be upgraded to an honorable discharge. On 1 April 1998 the Army Discharge Review Board denied the applicant's petition to upgrade his discharge.
ARMY | BCMR | CY2008 | 20080012404
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 8 October 1976, the separation authority approved the applicants request for discharge, and directed that he receive a UD. The DD Form 214 he was issued at that time confirms he was separated under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations), for the good of the service.
ARMY | BCMR | CY2008 | 20080012406
He also requests that his military records be corrected to show the award of the Purple Heart, the basic Aviation Badge [formerly named the Aircraft Crew Member Badge], one silver service star and one bronze service star to be affixed to his already-awarded Korean Service Medal, and that his most significant duty assignment was "G-2 Air Observer." Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records...
ARMY | BCMR | CY2008 | 20080012407
The DD Form 215 was issued based on the applicants application for correction of military records, dated 28 March 1960. This document shows that the Chief, Army Reference Branch, Military Personnel Records, National Personnel Records Center, St. Louis, Missouri, verified the applicants awards and authorized issuance of the Purple Heart with 1 Oak Leaf Cluster, Army of Occupation Medal with Japan Clasp, National Defense Service Medal, Korean Service Medal with 1 silver service star and 1...
ARMY | BCMR | CY2008 | 20080012409
The FSMs military records are not available to the Board for review. Although no records are available, it would be appropriate to issue the applicant a Transcript of Military Record (DA Form 1569) to show the FSM was killed in action on 26 January 1944 in the rank of private first class and awarded, posthumously, the Purple Heart for wounds received in action on 26 January 1944. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2008 | 20080012410
The applicant requests, in effect, correction of his separation document (DD Form 214) to reflect a combat military occupational specialty (MOS), the Army Commendation Medal (ARCOM) with "V" (Valor) Device, and all other awards that he is authorized. Although the record clearly shows the applicant held MOS 71B and was never actually awarded MOS 13A, it also confirms that he did in fact serve in MOS 13A during his time in the RVN, and actually received a valor award while performing duties...
ARMY | BCMR | CY2008 | 20080012412
The applicant requests the Combat Action Badge be added to his DD Form 214. Therefore, it would be appropriate to add the award of the Combat Action Badge to his separation document. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Combat Action Badge to his DD Form 214 with effective date 13 August 2006.
ARMY | BCMR | CY2008 | 20080012416
In addition, he further requests his DD Form 214 be corrected to show he completed two Army training courses. Evidence of record shows that the applicant was awarded the Combat Infantryman Badge, the Army Commendation Medal 1st Oak Leaf Cluster and the Army Good Conduct Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by deleting the entry "Iraq Campaign Medal Campaign Star" in item 13 of his DD Form 214; and b....
ARMY | BCMR | CY2008 | 20080012418
The applicants military records are not available to the Board for review. In the absence of orders or other evidence of record showing that the applicant was injured or treated for wounds as a result of hostile action, the eyewitness statements provided by the applicant are not sufficient as a basis for award of the Purple Heart. Regrettably, there is insufficient evidence on which to base award of the Purple Heart in this case.
ARMY | BCMR | CY2008 | 20080012419
Counsel requests the applicant be awarded the Purple Heart for injuries sustained as a result of enemy action when a North Korean grenade exploded and shrapnel was lodged in the applicant's head. There are no general orders that show the applicant was awarded the Purple Heart and there is no evidence in his service personnel records that shows that he was wounded or injured as a result of hostile action or treated for such wounds. c. There are no medical records to show the applicant was...
ARMY | BCMR | CY2008 | 20080012423
The applicant provides a copy of a memorandum, subject: Notification of Promotion Status, dated 29 November 1993; his retirement orders, dated 7 October 1993; his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 December 1993; and his Officer Record Brief, in support of his request. However, the applicant submitted his retirement on 10 September 1993 prior to the convening date of the promotion board and the announcement of the promotion board...
ARMY | BCMR | CY2008 | 20080012436
The Army Achievement Medal (AAM) certificates, provided by the applicant, shows that Permanent Orders 27-7, Headquarters (HQ), 307th Engineer Battalion, Fort Bragg, NC, dated 5 May 1998 awarded the applicant the AAM for his dedication, service, and unparalleled motivation from 1 to 13 April 1998. On 23 September 2000, the applicant was released from active duty due to completion of required service. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2008 | 20080012441
Application for correction of military records (with supporting documents provided, if any). The NPRC file contains no evidence to show that the applicant served in Korea during his active duty tenure. However, there is insufficient evidence to support this claim.
ARMY | BCMR | CY2008 | 20080012445
The applicant requests, in effect, that his under other than honorable conditions (UOTHC) discharge be upgraded to an honorable discharge (HD). On 2 August 1979, the separation authority approved the applicants request for discharge and directed that he receive an UOTHC discharge under the provisions of chapter 10, Army Regulation 635-200. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
ARMY | BCMR | CY2008 | 20080012458
Officials at the DFAS indicate that while the applicant was scheduled to be paid separation pay and pay for his accrued leave, the recoupment of his separation pay and pay for leave offset the unsatisfied debt to the Government that resulted from the applicants unsatisfied SRB payment and the advance pay he received in August 2004. Based on the DFAS advisory opinion, the applicant's separation for parenthood occurred at a point that caused the applicant to be indebted to the Government in...
ARMY | BCMR | CY2008 | 20080012459
This medal was awarded by the Government of the Republic of Vietnam to all members of the Armed Forces of the United States for qualifying service in Republic of Vietnam during the period 1 March 1961 through 28 March 1973. This regulation further provides that individuals who served less than 6 months and were wounded by hostile forces are entitled to award of the Republic of Vietnam Campaign Medal with Device (1960). The applicant's military personnel record shows he participated in one...
ARMY | BCMR | CY2008 | 20080012462
The applicant's records show he enlisted in the Regular Army for a period of 4 years on 10 June 1997. In his request for discharge, the applicant indicated that he understood that by requesting discharge, he was admitting guilt to the charges against him, or of a lesser included offense, that also authorized the imposition of a bad conduct discharge or a discharge under other honorable conditions. The DD Form 214 he was issued at the time of his discharge shows he was discharged for the...
ARMY | BCMR | CY2008 | 20080012463
On 5 May 2008, the RSO sent the applicants spouse a letter informing her that the applicant had elected not to participate in the SBP. The letter stated "Your spouse, CSM R________ G. A______ has requested retirement from the military service to be effective July 1, 2008. Evidence of record shows that the applicant retired on 1 July 2008.
ARMY | BCMR | CY2008 | 20080012465
IN THE CASE OF: BOARD DATE: 25 September 2008 DOCKET NUMBER: AR20080012465 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Army Regulation 635-5 prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. By regulation, Item 12f of the DD Form 214 will contain the total amount of foreign service completed during the period covered by the DD Form 214, and deployed service will be documented...
ARMY | BCMR | CY2008 | 20080012468
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. At the time the applicant voluntarily submitted his request for discharge in lieu of trial by court-martial, he provided a written statement indicating that while AWOL he spent time with his father, worked on a cattle ranch and helped his wife who had an operation for bone cancer. 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 | 20080012469
On 20 December 1979, the Staff Judge Advocate (SJA), in a written review for the convening authority, summarized the evidence and trial discussion. General Court-Martial Order Number 289, Headquarters, United States Disciplinary Barracks, Fort Leavenworth, Kansas, dated 16 May 1980, noted the sentence to a bad conduct discharge, forfeiture of all pay and allowances, confinement at hard labor for 1 year, and reduction to pay grade E-1, adjudged on 10 October 1979, as promulgated in General...
ARMY | BCMR | CY2008 | 20080012471
Application for correction of military records (with supporting documents provided, if any). The following information was able to be recovered from these documents: a. the applicant attained the rank of staff sergeant; b. he is shown to have departed the continental United States (CONUS) for the European-African-Middle Eastern Theater on 1 October 1942 and returned to CONUS on 27 March 1945; c. he participated in the following campaigns: the Northern Solomons, Guadalcanal, New Guinea, and...
ARMY | BCMR | CY2008 | 20080012475
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 set aside a conviction. Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted. Therefore, the applicant's record of service is insufficiently meritorious to warrant a general...
ARMY | BCMR | CY2008 | 20080012476
The applicant requests that his undesirable discharge be upgraded to a general discharge. On 5 January 1973, the applicant was notified that he was being recommended for discharge under the provisions of Army Regulation 635-206, for misconduct, due to conviction by civil authorities. A review of the available records does not 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.
ARMY | BCMR | CY2008 | 20080012477
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 AR20080005605, on 24 July 2008. The applicants service medical records are not available for review.
ARMY | BCMR | CY2008 | 20080012479
The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that he was issued at the time of his release from active duty shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with 1960 Device. Therefore, he is entitled to correction of his military records to show the award of the Purple Heart and the Army Commendation Medal. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2008 | 20080012480
The applicant requests that his discharge under other than honorable conditions be upgraded to an honorable discharge. He states that he had two or three hearings for the purpose of determining if he should be court-martialed; however, he was not tried due to lack of evidence. A review of the available records does not 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.
ARMY | BCMR | CY2008 | 20080012483
On 14 April 2008, DFAS, Retired and Annuity Pay, responded to the applicant's application for RCSBP benefits. Apparently the applicant was unaware that the FSM had elected Option C for immediate coverage and it seems that she never made application for the RCSBP annuity at the time of the FSM's death based on improper advice provided by the FSM's unit. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant...