ARMY | BCMR | CY2008 | 20080012756
The applicant's record also contains a Commanders Request for Discharge (OKARNG Form 17-5), dated 1 March 1990, which shows the applicant's commander requested the applicant be discharged by reason of unsatisfactory participation. A National Guard Bureau Report of Separation and Record of Service (NGB Form 22) on file shows the applicant was discharged from the OKARNG on 1 March 1990 with a GD and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training), after completing...
ARMY | BCMR | CY2008 | 20080012758
Application for correction of military records (with supporting documents provided, if any). Chapter 2 contains guidance on preparation of the DD Form 214 and it states, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. In this case, the applicant was properly issued a DD Form 214 on 13 November 1992, which is the date he was released from active duty and placed on the TDRL.
ARMY | BCMR | CY2008 | 20080012759
The applicant requests correction of his records to show award of the Purple Heart. While his injury is unfortunate, there is no evidence in the available records and the applicant has not provided evidence that shows his injury was a result of hostile action. _______ _ XXX _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ARMY | BCMR | CY2008 | 20080012760
The applicant requests an upgrade of his bad conduct discharge to a general discharge under honorable conditions. On 25 May 2001, the applicant offered to plead guilty to the charge and its specification provided the convening authority did not approve any sentence of confinement in excess of 8 months. He stated that he was satisfied with the defense counsel.
ARMY | BCMR | CY2008 | 20080012761
Application for correction of military records (with supporting documents provided, if any). The available evidence and the independent evidence submitted by the applicant in this case fail to show he was ever wounded or injured as a result of enemy action, or that he was ever treated for a combat related wound or injury while serving on active duty. Item 27 of his DD Form 214 does not include the PH in the awards listed.
ARMY | BCMR | CY2008 | 20080012762
The applicant's DD Form 214 shows in item 24 (Character of Service) the entry "UNDER OTHER THAN HONORABLE CONDITIONS." Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. The applicant's records show that he was pending court-martial charges for being AWOL.
ARMY | BCMR | CY2008 | 20080012768
The Board also noted the applicant requested discharge. However, there is no evidence or indication that the applicant suffered from PTSD when he went AWOL or requested discharge. Since there is no evidence that the applicant suffered from PTSD when he requested discharge, there is no basis for upgrading his discharge.
ARMY | BCMR | CY2008 | 20080012770
The applicant states, in effect, he sustained shrapnel wounds during a mortar and rocket attack on the evening of 26 March 1969 while stationed at Dong Tam base camp in the Republic of Vietnam (RVN). The applicant contends, in effect, that his request for award of the Purple Heart should be reconsidered based on new evidence he presents concerning shrapnel wounds he sustained during a mortar and rocket attack on the evening of 26 March 1969 while stationed at Dong Tam base camp in the RVN. ...
ARMY | BCMR | CY2008 | 20080012773
The applicant provides a letter from the Alabama Retired Activities Branch, Alabama Army National Guard, dated 20 June 2008; the FSM's National Guard Bureau (NGB) Form 23B (Army National Guard Retirement Points History Statement), dated 20 June 2008; the FSM's NGB Form 22 (Report of Separation and Record of Service); the FSM's DD Form 214 (Report of Separation from Active Duty) for the period ending 13 August 1975; the FSM's death certificate; and a copy of her and the FSM's marriage...
ARMY | BCMR | CY2008 | 20080012774
This memorandum is addressed to the Defense Finance and Accounting Service and shows, in effect, that the Company Commander requested Involuntary AIP payment for the applicant due to the fact he served more than 12 consecutive months in Iraq. Department of the Army Personnel Policy Guidance paragraph 8-3 (Military Pay and Allowances) provides, in pertinent part, that Soldiers/units who are involuntarily extended by the Secretary of Defense for extension beyond 12 consecutive months BOG or...
ARMY | BCMR | CY2008 | 20080012775
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 FSM was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. Regrettably, there is insufficient evidence on which to base any award of the Purple...
ARMY | BCMR | CY2008 | 20080012777
The applicant requests correction of his military records to show award of the Air Medal during his service in the Republic of Vietnam. Furthermore, it does not clearly state that the combat assaults were by air. It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.
ARMY | BCMR | CY2008 | 20080012781
Application for correction of military records (with supporting documents provided, if any). On 29 December 1977, the separation authority approved the applicants request for discharge and directed that he be issued an Under Other than Honorable Conditions Discharge Certificate. There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.
ARMY | BCMR | CY2008 | 20080012783
Item 17 (Date of Entry) on the applicant's DD Form 214 (Report of Transfer or Discharge) for the period ending 25 April 1971 shows the entry, "21 Aug [August] 70 [1970]." Item 15 (Date Entered Active Duty This Period) on the applicant's DD Form 214 (Report of Separation from Active Duty) for the period ending 28 April 1974 shows the entry, "71 04 26" [26 April 1971]. Item 15 on the applicant's DD Form 214 for the period ending 7 June 1976 shows the entry, "74 04 29" [29 April 1974].
ARMY | BCMR | CY2008 | 20080012784
Accordingly, the applicant was honorably discharged on 22 June 2004 under the provisions of Army Regulation 635-200, chapter 9, for alcohol rehabilitation failure. The regulation states the reason for discharge based on separation code JPD is Alcohol Rehabilitation Failure and the regulatory authority is Army Regulation 635-200, chapter 9. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service...
ARMY | BCMR | CY2008 | 20080012787
Application for correction of military records (with supporting documents provided, if any). There is no evidence in the available records and the applicant has not provided sufficient evidence which shows that he was entitled to award of the Combat Infantryman Badge. Therefore, there is insufficient evidence to grant the applicant's request for award of the Combat Infantryman Badge in this case.
ARMY | BCMR | CY2008 | 20080012790
The effective date for award of the CIB was 9 February 1945. On 3 December 1948, the War Department awarded the applicant the Bronze Star Medal based on his award of the CIB. The applicant was awarded the CIB, the BSM and the Good Conduct Medal for his service during WWII.
ARMY | BCMR | CY2008 | 20080012793
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his secondary military occupational specialty (MOS) 88M (Motor Transport Operator), award of the Army Commendation Medal, and award of the Good Conduct Medal. On 18 January 2001, the applicant completed Phase I of the USAR Motor Transport Operator Course (MOS 88M) and, on 1 February 2002, he completed Phase II. The DD Form 214 he was issued shows he completed 1 year, 3...
ARMY | BCMR | CY2008 | 20080012794
IN THE CASE OF: BOARD DATE: 23 September 2008 DOCKET NUMBER: AR20080012794 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. On 10 December 2007, the applicant's case was considered by an informal PEB. There is no specific form to be used when requesting cancellation of SBP and the applicant has applied to this Board for relief.
ARMY | BCMR | CY2008 | 20080012796
Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. Therefore, he is entitled to have his DD Form 214 corrected to show these unit awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Form 214 the Vietnam Service Medal; b. awarding him the Good Conduct Medal, for...
ARMY | BCMR | CY2008 | 20080012797
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his Report of Transfer or Discharge (DD Form 214) to show that he served in Vietnam. There is no evidence in the available records, nor has the applicant submitted any evidence to support his contention that he served in Vietnam while he was in the Army.
ARMY | BCMR | CY2008 | 20080012799
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that his general, under honorable conditions discharge (GD) be upgraded to an honorable discharge (HD). The applicants military record shows he enlisted in the Regular Army and entered active duty on 25 November 1974.
ARMY | BCMR | CY2008 | 20080012800
Title 10, U.S. Code, section 12731, provides that a member of the Active Reserves or National Guard is entitled, upon application, to retired pay if the person meets the following minimum requirements: be at least 60 years of age; have performed at least 20 years of qualifying service computed under section 12732, Title 10, U.S. Code; have performed the last 8 years of qualifying service while a member of the Active Reserve; and not be entitled, under any other provision of law, to retired...
ARMY | BCMR | CY2008 | 20080012801
The applicant states, in effect, that her husband, a former service member (FSM), made the necessary changes to his records after they were married and he made the election for her to receive his SBP benefits. Before the law was amended as noted below, a member must have made the election within 90 days of receiving the notification of eligibility to receive retired pay at age 60 or else wait until he/she applies for retired pay and elects to participate in the standard SBP. While there is...
ARMY | BCMR | CY2008 | 20080012803
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a second award of the Army Commendation Medal (correctly known as the Army Commendation Medal with First Oak Leaf Cluster), the Army Achievement Medal, the Presidential Unit Citation, and various certificates. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends...
ARMY | BCMR | CY2008 | 20080012804
The applicant requests, in effect, that he be paid his Prior Service Enlistment Bonus (PSEB). Paragraph 2 states, in pertinent part, that a bonus may only be paid under this section to a person that has not more than 16 years of total military service and received an honorable discharge at the conclusion of all prior periods of service. Evidence of record shows the applicant had over 19 years of military service when he enlisted in the USAR on 8 December 2007.
ARMY | BCMR | CY2008 | 20080012805
Item 30 on this form states, "At Mobilization station, during medical assessment, the doctor recommended a deep evaluation on bilateral inguinal hernias." The applicant provided an email, dated 19 July 2004, from the Chief, Medical Support Services Section, which states that it was her understanding that his mobilization orders were extended for pay purposes and that if he was still having medical issues when he is released from active duty he should contact a Master Sergeant P--- to be...
ARMY | BCMR | CY2008 | 20080012807
When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. The applicants contentions that he was not properly advised by counsel and that he received a harsh sentence relate to evidentiary and procedural matters that should have been addressed and conclusively adjudicated in his general court-martial and appellate proceedings. Therefore, the applicant's record of service is insufficiently...
ARMY | BCMR | CY2008 | 20080012809
The applicant states that with the correction of his discharge by the Army Discharge Review Board (ADRB), he requests to be formally and medically retired. The applicant also provides his service medical records and his DVA medical records. There is no evidence of record to show that the applicant could not at any time perform his military duties.
ARMY | BCMR | CY2008 | 20080012816
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) states special provisions for award of the Combat Medical Badge during the Vietnam conflict. These provisions permitted award of the Combat Medical Badge to Soldiers assigned to a Vietnamese unit engaged in actual ground combat or as a member of U.S. Army infantry unit of brigade or smaller size including Special Forces Detachments serving with the...
ARMY | BCMR | CY2008 | 20080012820
His unit (3rd Battalion, 12th Infantry) is eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (October 1966 to 28 July 1969) based on Department of the Army General Orders Number 3, dated 1970. With regard to the applicant's remaining issues for award of the Good Conduct Medal, an additional bronze service star to be affixed to his Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the...
ARMY | BCMR | CY2008 | 20080012824
Accordingly, the applicant was discharged on 23 August 1984. There is no evidence that indicates he was any less mature than other Soldiers of the same age who successfully completed military service. 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 | 20080012825
The applicant states, in effect, that she entered military service in 1979, when she was only 17 years of age, and began encountering problems with her first sergeant and company commander in September 1980 while stationed at Fort Sill, Oklahoma. This document confirms that the applicant was discharged under honorable conditions under the provisions of Army Regulation 635-200, paragraph 5-31h(2), EDP based on failure to maintain acceptable standards for retention, and issued Separation...
ARMY | BCMR | CY2008 | 20080012826
The applicant requests, in effect, correction of his military occupational specialty (MOS) and to add his awards from his deployment to his discharge document. The applicant provides a self-authored statement, dated 17 July 2008; DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 7 June 1998; DD Form 214WS (Worksheet), dated 31 December 2003; DD Form 4-Series (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 9 September...
ARMY | BCMR | CY2008 | 20080012828
Army Regulation (AR) 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The SPD code of JKK is the appropriate code to assign Soldiers separated under the provisions Army Regulation 635-200, chapter 14-12c, by reason of misconduct (Abuse of Illegal Drugs). However, by regulation, the RE-4 code assigned to the applicant was the proper code to assign members...
ARMY | BCMR | CY2008 | 20080012834
The evidence of record confirms that the applicant was awarded the PH and the BSM for three separate periods, and that these awards were announced in official orders. As a result, Item 24 of the applicants separation document should be corrected to add the PH and to show his entitlement to the BSM with 2nd OLC to denote three awards instead of two awards of the BSM. As a result, it would be appropriate to award the applicant the first award of the AGCM, for his qualifying period of...
ARMY | BCMR | CY2008 | 20080012835
The applicant requests that her Report of Separation and Record of Service (NGB Form 22) be corrected to show that she enlisted in the year 1981; that her date of rank to sergeant was before 1999; and that she was available for signature at the time that her NGB Form 22 was signed. The Certificate of Release or Discharge from Active Duty (DD Form 214) that she was furnished at the time of her release from ADT shows that she completed 5 months and 1 day of net active service this period. ...
ARMY | BCMR | CY2008 | 20080012836
The applicant states, in effect, that he is submitting new evidence that shows the date he entered active duty was 8 July 2005 and that his MASP contract should be adjusted to reflect the accurate date. The applicant provides U.S. Army Human Resources Command-St. Louis (USAHRC-STL) Orders A-06-591196, dated 2 June 2005; a DA Form 1506 (Statement of Service - for Computation of Length of Service for Pay Purposes), dated 21 July 2005; a DA Form 4037 (Officer Record Brief (ORB)), prepared on...
ARMY | BCMR | CY2008 | 20080012838
The Silver Star is not listed on his DD Form 214. There was also no evidence found in his military records to support his request. 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 | 20080012839
However, the entry in item 23a on the DD Form 214 was meant to indicate what MOS he held at the time of his separation, not the MOS(s) in which he performed duties. Therefore, there is insufficient evidence as a basis to correct his DD Form 214 to show he held an MOS as a tank driver or EMT medic. 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 | 20080012841
The applicant provides the following additional documentary evidence in support of his application: a. DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 19 September 1969. b. Undated self-authored statement. There are no general orders in the applicant's records that show he was awarded the Purple Heart. There are no general orders that show the applicant was awarded the Purple Heart, his name is not shown on the Vietnam casualty Roster, and there is no...
ARMY | BCMR | CY2008 | 20080012844
The applicant's military service records contain a DA Form 2627 (Record of Proceedings Under Article 15, UCMJ), dated 26 April 1974. The applicant's military service records contain a copy of his DD Form 214 (Report of Separation from Active Duty) that shows he was discharged on 30 August 1974 with an undesirable discharge, characterized as under other than honorable conditions, under the provisions of Army Regulation 635-200, Chapter 10, with Separation Program Designator (SPD) Code KFS,...
ARMY | BCMR | CY2008 | 20080012845
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 an honorable or...
ARMY | BCMR | CY2008 | 20080012854
The applicant requests correction of his date of rank (DOR) to first lieutenant (1LT) from 27 November 2007 to 19 August 2007. The applicants records also show he was appointed as a second lieutenant (2LT) in the Chemical Corps of the USAR and executed an oath of office on 19 August 2005. The Chief, Special Actions Branch, DA Promotions, HRC-St. Louis, MO recommended disapproval of the applicants request and stated that the applicant was selected for promotion by the administrative board...
ARMY | BCMR | CY2008 | 20080012858
The applicant states, in effect, that his records should be amended to show that he completed 730 days of involuntary mobilization under the provisions of section 12302 of Title 10 United States Code (10 U.S.C. Evidence shows that the applicant was involuntarily mobilized for 730 days during the periods 1 August 2003 through 30 July 2004 and 24 September 2005 through 23 September 2006. Evidence shows the applicant volunteered for mobilization in a COTTAD status under the provisions of 10 U.S.C.
ARMY | BCMR | CY2008 | 20080012861
The applicant requests that his records be corrected to show he was granted an extension of Government coverage of the costs of the storage of his household goods. As such, the applicant would have known the date his entitlement to storage expired. 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 | 20080012862
Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service. 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 Good Conduct Medal for the period from 14 November 1966 to 7 September 1968; b. showing in Item 25...
ARMY | BCMR | CY2008 | 20080012863
On 19 February 2008, the applicant was again contacted by a HQDA G-1 official and informed that after numerous conversations with the DFAS regarding consideration for de facto status, it was determined the best course of action for the applicant would be to apply to this Board to receive credit for his service from 1 August 2006 through the ending date of his period of service, which would be established in the near future. The evidence of record confirms that the applicant was recalled to...
ARMY | BCMR | CY2008 | 20080012868
Army Regulation 600-8-22 (Military Awards) provides for award of the Combat Infantryman Badge. With respect to award of the Combat Infantryman Badge, the evidence of record shows the applicant was trained in and held a communications MOS (36K). In the absence of evidence that the applicant held an infantry MOS and actively participated in combat while assigned infantry duties while a member of his infantry unit, there is insufficient evidence upon which to base award of the Combat...
ARMY | BCMR | CY2008 | 20080012869
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows Company B, 36th Signal Battalion was awarded the Meritorious Unit Commendation from 1 July 1968 to 31 December 1969 based on Department of the Army General Orders Number 48, dated 1971, and the Republic of Vietnam Gallantry...