ARMY | BCMR | CY2008 | 20080013083
While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. He was commissioned as a United States Army Reserve (USAR) field artillery second lieutenant on 18 July 1967 and he remained at Fort Sill for duty as a platoon leader in a...
ARMY | BCMR | CY2008 | 20080013087
The applicant states, in effect, that he honorably served in the military for 17 years, 11 months, and 15 days, and is requesting that his discharge be changed to a medical discharge or retirement based on injuries he sustained on 2 January 1999, while at work at his civilian job. The applicants record shows that he served in the United States Army Reserve (USAR) from 3 February 1980 through 31 August 1999. As a result, given he was not serving in the Selected Reserve at the time of his...
ARMY | BCMR | CY2008 | 20080013091
The evidence of record and documentation submitted with the application show the third digit and the last four digits of the social security number should be "4" and "9408." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing on the DD Form 214 the third digit and last four digits of the social security number as "4" and "9408" and providing him a corrected separation document that includes these corrections. ...
ARMY | BCMR | CY2008 | 20080013093
Application for correction of military records (with supporting documents provided, if any). The applicants induction record, 13 September 1966, shows he was born on 2 June 1947. DISCUSSION AND CONCLUSIONS: The preponderance of evidence in this case shows the applicant was born on 2 June 1947.
ARMY | BCMR | CY2008 | 20080013095
Application for correction of military records (with supporting documents provided, if any). The applicant's military records show that he enlisted in the Regular Army on 17 January 1967 for 3 years. Evidence of record shows that the applicant enlisted in the Regular Army on 17 January 1967 and served until he was released from active duty on 20 December 1969.
ARMY | BCMR | CY2008 | 20080013098
However, under normal circumstances when a scholarship cadet is disenrolled and fails to complete the ROTC contract, he or she is offered two options for repayment of the scholarship debt serve on active duty for a specified period of time, or repay the debt. In an advisory opinion, the U. S. Army Cadet Command noted that its headquarters had no records dating as far back as the time of the applicant's enlistment and contracting into the Army Senior ROTC Program. His current enlistment...
ARMY | BCMR | CY2008 | 20080013103
The applicant requests a second award of the Combat Infantryman Badge (CIB). The applicant's DA Form 2-1 (Personnel Qualification Record) shows he was assigned as the First Sergeant of Company B, 5th Battalion, 16th Infantry, Fort Riley, KS, on 27 December 1988. His DD Form 214 for the period ending 29 February 1992 shows, among other awards, that he was awarded one award of the CIB.
ARMY | BCMR | CY2008 | 20080013107
On 17 June 2003, before a military judge at a General Court-Martial, the applicant pled not guilty to all charges and specifications. Counsel also stated that the military judge should have combined Charge I and Charge II for sentencing since both offenses arose from the same act. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2008 | 20080013109
The applicant requests, in effect, that his undesirable discharge be upgraded to an honorable or general discharge. On 30 July 1975, the applicant voluntarily requested discharge for the good of the service under the provisions of chapter 10 (Discharge in Lieu of Trial by Court-Martial), Army Regulation 635-200 (Enlisted Personnel), and understood that he could request discharge for the good of the service because charges had been preferred against him under the UCMJ which authorized the...
ARMY | BCMR | CY2008 | 20080013114
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 Bronze Star Medal (BSM) and the Combat Infantryman Badge (CIB). This letter requested that the commanding general of the 25th Infantry Division provide clarification of General Orders Number 3486, dated 10 May 1968 for award of the Army Commendation Medal for heroism on 31 January 1968 and certificate of award of BSM for heroism on 31 January 1968. ...
ARMY | BCMR | CY2008 | 20080013127
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that all documents (141 pages) pertaining to his 1999 Federal Recognition Withdrawal Board be removed from the restricted portion of his official military personnel file (OMPF). Therefore, there is no basis for removing all of the documents entirely from his OMPF.
ARMY | BCMR | CY2008 | 20080013128
The applicant requests that his date of induction be corrected from 9 October 1946 to 9 February 1966. The applicants military records contain a DD Form 47, Record of Induction, which show that he was inducted and entered active duty on 9 February 1966. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by entering 9 February 1966 in Item 10c, Date Inducted, of his DD Form 214.
ARMY | BCMR | CY2008 | 20080013130
BOARD DATE: 4 August 2009 DOCKET NUMBER: AR20080013130 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his date of rank (DOR) for promotion to chief warrant officer three (CW3) be adjusted to 27 August 2003. The applicant states that his promotion to the rank of CW3 was delayed due to overdue officer evaluation reports (OERs) that were not completed in a timely manner and prevented him from being considered by a Federal Recognition Board (FRB).
ARMY | BCMR | CY2008 | 20080013132
The applicant requests, in effect, that Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his separation document (DD Form 214) be corrected to show all awards to which he is entitled. The evidence of record includes official orders awarding the applicant the PH and the BSM and these awards were omitted from Item 24 of his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2008 | 20080013134
The applicant's service record shows he served in Italy and completed 1 year, 11 months, and 21 days of foreign service. However, there is no evidence of record available which indicates the applicant served in military operations in support of Operation Enduring Freedom or Operation Iraqi Freedom while in Turkey and his military pay records do not show he received IDP for service in Turkey. Therefore, there is insufficient evidence on which to base correction of the applicant's records to...
ARMY | BCMR | CY2008 | 20080013137
Army Regulation 672-5-1, in effect at the time of the applicant's separation provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. Based on the evidence in this case, the applicant is entitled to award of the Purple Heart and to have it added to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2008 | 20080013139
Application for correction of military records (with supporting documents provided, if any). The applicant states, in effect, that he should be reconsidered for award of the Purple Heart based on arguments he presents in a self-authored letter with explanations. In his previous case, the Board concluded that, combining the applicant's personal statement that he did not receive medical treatment for a traumatic injury to his ear(s) and there being no evidence of any abnormalities on his...
ARMY | BCMR | CY2008 | 20080013140
The applicant requests that his record be corrected to show that he served with the 1269th Combat Battalion in the European Theater of Operations and that he served in France and Germany. The applicants military records are not available to the Board for review. The only available evidence shows that the applicant served with the 84th Engineer Camouflage Company in Rhineland and Central Europe.
ARMY | BCMR | CY2008 | 20080013141
Application for correction of military records (with supporting documents provided, if any). 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. Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.
ARMY | BCMR | CY2008 | 20080013142
The applicant requests that his record be corrected to show he enlisted in the U.S. Army Reserve (USAR) for the Prior Service Enlistment Bonus (PSEB) in the amount of $15,000.00. The applicant completed his enlistment contract and SFC E____ signed the bonus addendum documentation. Army Regulation 135-7 (Army National Guard and Army Reserve Incentive Programs), in effect at the time of the applicant's enlistment, offered a prior service enlistment bonus to eligible persons with prior...
ARMY | BCMR | CY2008 | 20080013146
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his military records to show his authorization to $800.00 assignment incentive pay (AIP) and $200.00 hazardous duty pay (HDP). The available evidence clearly shows that the applicant served in the Iraqi Theater and was involuntarily extended for a period of 20 days beyond 365 days in Iraq, as evidenced in the Office of the Deputy Chief of Staff G1...
ARMY | BCMR | CY2008 | 20080013148
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his records to show that he was medically retired. The applicant states, in effect, he should be medically retired based on the 100 percent service-connected disability rating he was given by the Department of Veterans Affairs (VA).
ARMY | BCMR | CY2008 | 20080013150
Application for correction of military records (with supporting documents provided, if any). On 7 May 2003, a formal PEB also found the applicant to be unfit for joint pain, rated 10 percent disabling, but increased his hepatitis rating to 10 percent. In that rebuttal he states that since his medical condition did not improve while he was on the TDRL, the only reason his disability rating was decreased was because his last PEB was held at an Air Force base.
ARMY | BCMR | CY2008 | 20080013151
The available evidence verifies the applicant sustained an injury to his left elbow on 21 July 1943 and he was awarded a Purple Heart on 20 May 1988 for this wound. However, his Enlisted Record and Service Record show his Army Specialty as "Chauffeur." Regarding the applicant's requests for correction of his records to show a wound he sustained to his upper body, his MOS as 245 (Heavy Truck Driver), and three bronze service stars, the Board determined that the evidence presented was...
ARMY | BCMR | CY2008 | 20080013152
Application for correction of military records (with supporting documents provided, if any). He further states that following the applicant's final deployment to Iraq, he began to have problems with alcohol and was command-referred to the Alcohol and Substance Abuse Prevention Program (ASAP) and enrolled for treatment on 20 October 2004. A SPD code of JPD applies to persons who are separated by reason of alcohol rehabilitation failure under the provisions of chapter 9, Army Regulation 635-200.
ARMY | BCMR | CY2008 | 20080013154
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. However, there is no evidence of record which shows that the applicant fraudulently enlisted with the assistance of a recruiting official or counselor. The applicant has failed to show through the evidence submitted or the evidence of record that the separation code, the RE code, or the narrative reason...
ARMY | BCMR | CY2008 | 20080013155
IN THE CASE OF: BOARD DATE: 04 DECEMBER 2008 DOCKET NUMBER: AR20080013155 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. On 31 March 2004, he was honorably released from active duty and was transferred to the Retired List effective 1 April 2004. Public Law 99-145, enacted 8 November 1985 but effective 1 March 1986, required a spouses written concurrence for a retiring members election that provides less than the maximum spouse coverage.
ARMY | BCMR | CY2008 | 20080013158
The applicant provides the following documents in support of his application: ARNG Current Annual Statement, dated 2 November 2005; National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), effective 1 June 1998; Office of the Adjutant General of Virginia (OTAG) Orders 132-043, dated 12 May 1998; 1995 SSG Promotion List, dated 11 February 1996; Headquarters, 80th Division (Institutional Training) Orders 135-18, dated 30 November 1994; 229th Engineer Battalion, 29th...
ARMY | BCMR | CY2008 | 20080013161
Application for correction of military records (with supporting documents provided, if any). There are no orders for the Army Commendation Medal in the available records. DISCUSSION AND CONCLUSIONS: Since there are no orders for the Army Commendation Medal, there is insufficient evidence on which to base adding the Army Commendation Medal to the applicants DD Form 214.
ARMY | BCMR | CY2008 | 20080013163
IN THE CASE OF: BOARD DATE: 4 November 2008 DOCKET NUMBER: AR20080013163 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant provides his DD Form 214 for the period ending 31 May 1987; Army Commendation Medal with "V" Device orders, dated 13 November 1969; a Consultation Sheet, dated 16 August 1969; and a Department of Veterans Affairs Form 21-4138 (Statement in Support of Claim). Item 40 (Wounds) on the applicant's DA Form 20 (Enlisted Qualification Record) shows he was wounded...
ARMY | BCMR | CY2008 | 20080013164
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) and Item 14 (Military Education) of his separation document (DD Form 214) be corrected. By regulation, Item 13 of the DD Form 214 lists awards for all periods of service and Item 14 documents formal in-service (full-time attendance) training courses successfully...
ARMY | BCMR | CY2008 | 20080013165
He was honorably discharged on 3 September 1964 for immediate reenlistment. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. Therefore, the applicant's record of service is insufficiently meritorious to warrant an honorable discharge or a general discharge.
ARMY | BCMR | CY2008 | 20080013167
Section 5 (Service Outside Continental United States) of his Service Record shows he arrived in Beirut, Lebanon, on 19 July 1958 and departed on 22 October 1958. His service personnel records contain an endorsement, dated 16 October 1963, which shows he was eligible for award of the AFEM for his service in Lebanon from 19 July 1958 to 22 October 1958. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the AFEM to his...
ARMY | BCMR | CY2008 | 20080013168
The Desert Shield/Storm Data Base shows the applicant served in Southwest Asia from 3 February 1991 to 18 April 1991. Army Regulation 600-8-22 provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2008 | 20080013170
Application for correction of military records (with supporting documents provided, if any). Absent any evidence to the contrary, it is concluded that his discharge processing was accomplished in accordance with the applicable regulation, that all requirements of law and regulations were met, and the rights of the applicant were fully protected throughout the separation process. His overall record of service did not support the issue of a GD or HD at the time of his discharge, and does not...
ARMY | BCMR | CY2008 | 20080013171
The applicant states that a waiver would allow him to be eligible for promotion at the Army Reserve Captain promotion Board in November 2008. The evidence of record shows that based on the applicant's deployment in support of Iraq Freedom from 3 January 2006 through 12 February 2007 and Enduring Freedom from 16 March 2008 through 4 May 2009, he was unable to continue and complete his degree requirements prior to the convening date of the FY 2009 Captain RCSB, which convened on 4 November...
ARMY | BCMR | CY2008 | 20080013173
Application for correction of military records (with supporting documents provided, if any). Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal is no longer authorized to be awarded for service in Iraq; however, service members who qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 30 April 2005 in an area for which the Iraq Campaign Medal was subsequently authorized shall remain qualified for the Global War on...
ARMY | BCMR | CY2008 | 20080013175
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his DD Form 214 (Separation Document) to show that he was promoted to the rank of sergeant first class, pay grade E-7. Army Regulation 15-185, is the regulation that governs the operation of the Board, sets forth the procedures for processing requests to correct military records and states, in pertinent part, that the Army Board for Correction of...
ARMY | BCMR | CY2008 | 20080013177
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. Counsel requests that the applicant's dismissal be upgraded to a general discharge under honorable conditions. The 22 enclosures that were submitted through counsel give a picture of the applicant's character and behavior through the history of his military career and describe the applicant as a well respected citizen in his community.
ARMY | BCMR | CY2008 | 20080013178
Application for correction of military records (with supporting documents provided, if any). Soldiers who elect SGLI coverage and incur a qualifying traumatic injury after 1 December 2005 (with the exception of some specific circumstances under which a traumatic injury will not be covered), regardless of their component (Active, Reserve, or National Guard) or the location in which they incurred the injury, will be covered by TSGLI. Specifically, there is no evidence that the traumatic...
ARMY | BCMR | CY2008 | 20080013179
The applicant states that during his discharge process a personnel clerk counted 30 days of convalescent leave against his regular leave. Item 30 of his DD Form 214 shows he was on 8 days of excess leave from 24 November 1967 through 1 December 1967. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.
ARMY | BCMR | CY2008 | 20080013181
IN THE CASE OF: BOARD DATE: 16 December 2008 DOCKET NUMBER: AR20080013181 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Therefore, it would be appropriate to correct all records to include DEERS to show the applicant and FSM were married on 14 April 2007, that the FSM was enrolled in the RCSBP under Option C (full coverage), and that the applicant was the FSMs legal spouse and SBP beneficiary at the time of the FSMs death on 12 February 2008. As a result, the Board recommends that all...
ARMY | BCMR | CY2008 | 20080013189
The applicant requests, in effect, that the records of her deceased husband, a former service member (FSM), be corrected to show that he applied for retired pay and that she is entitled to receive an annuity from the Reserve Component Survivor Benefit Plan (RCSBP) as the FSM's designated beneficiary. The applicant was told that records do not reflect that the FSM made an election for SBP and that since her late husband did not properly execute a DD Form 1883 designating her has the...
ARMY | BCMR | CY2008 | 20080013191
The applicant requests, in effect, that his separation document DD Form 214 (Separation Document), Item 14 (Military Education) be corrected to show the following courses: the Indirect Fire Infantryman Course; Technical Transportation of Hazardous Materials Course; Military Occupational Specialty (MOS) 11C (Mortar Weapons Training Course); German Headstart Course; and the National Safety Council's Defensive Driving Course II. The applicant states, in effect, that he completed the above...
ARMY | BCMR | CY2008 | 20080013193
Application for correction of military records (with supporting documents provided, if any). Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. As the applicant did not provide any evidence which proves, by a preponderance of the evidence, that this SSN is incorrect, there is no basis for correcting his SSN on his DD Form 214 that was issued...
ARMY | BCMR | CY2008 | 20080013196
The applicant's military personnel record shows he enlisted in the Regular Army on 6 November 1990. The applicant's RE code of RE-3 was properly assigned based on the fact the applicant received a locally imposed bar to reenlistment. However, the evidence shows that the applicant requested early separation under the provisions of Army Regulation 635-200, chapter 16-5(b), because he was unable to overcome the locally imposed bar to reenlistment.
ARMY | BCMR | CY2008 | 20080013199
The applicant provides: a. The applicants records show he reported to the medical clinic following an insurgent incident. 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 | 20080013203
There are no orders in his official record showing he was awarded the CIB. Paragraph 8-6 of Army Regulation 600-8-22 also stipulates, in pertinent part, that subsequent to 4 January 1969, Soldiers serving in the ROK must have (a) served in the hostile fire area at least 60 days and been authorized HFP; (b) been assigned to an infantry unit of company or smaller size and must be an enlisted man possessing an infantry MOS; (c) been engaged with the enemy in the hostile fire area or in active...
ARMY | BCMR | CY2008 | 20080013205
The DD Form 214 also shows he was released in accordance with chapter 4 of Army Regulation 635-200 (Personnel Separations), by reason of expiration of term of service, with an uncharacterized characterization of service. 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. ___________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the...
ARMY | BCMR | CY2008 | 20080013206
The applicant requests, in effect, that the record of the deceased former service member (FSM) who fathered her child be corrected to show her daughter is entitled to receive a Survivor Benefit Plan (SBP) annuity based on the death of the FSM. The FSM's record shows that on 15 October 2007, during his retirement processing, he completed a Data for Payment of Retired Personnel, in which he elected Children Only full SBP coverage. The ARBA legal advisor pointed out that under the 1972 SBP...