ARMY | BCMR | CY2008 | 20080013670
Army Regulation 635-5 (Personnel Separations), in effect at the time, established uniform administrative procedures and separation forms to be used in connection with the relief from active duty or complete separation of enlisted and warrant/commissioned officer personnel. If the grade at the time of separation was not permanent, the permanent grade, date of appointment, and date of rank if different from the date of appointment is entered in item 38. The evidence of record shows that the...
ARMY | BCMR | CY2008 | 20080013671
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his Bad Conduct Discharge (BCD) be upgraded. 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.
ARMY | BCMR | CY2008 | 20080013683
The Director further recommends the Board direct the DFAS documentation for excess weight for the transportation of HHG for the applicant under the applicable Bill of Lading include the authorized weight allowance of her husband. The evidence of record further shows that the applicants husband submitted two requests for extension of his HHG shipment entitlements, by reason of his spouses (the applicant) assignment at Fort Hood. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2008 | 20080013714
Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) provides, in pertinent part, 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. There is no evidence in the applicant's military service records that shows he applied for a waiver of his RE Code to reenter the U.S. Army and/or that his request was denied. The evidence of record shows the RE Code that the applicant...
ARMY | BCMR | CY2008 | 20080013715
The applicant states that he was referred to the Army Drug and Alcohol Prevention Control Program (ADAPCP) (now known as the Army Substance Abuse Program or ASAP) for alcohol treatment; however, he was not convinced that he had an alcohol problem until he was punished under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for using alcohol. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has...
ARMY | BCMR | CY2008 | 20080013717
Application for correction of military records (with supporting documents provided, if any). Item 12f (Foreign Service) of this DD Form 214 shows the entry 04 00 08. 7. The evidence of records also shows that the applicant served a qualifying period of service for award of the Korea Defense Service Medal and is entitled to correction of his records to show this award.
ARMY | BCMR | CY2008 | 20080013726
Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. Therefore, in the absence of evidence to show that he was wounded /injured as a result of enemy action, that he was treated for such injuries and the treatment of those injuries was made a matter of record, there appears to be no basis to award him the Purple...
ARMY | BCMR | CY2008 | 20080013728
The applicant requests correction of his official military personnel file (OMPF) to add his Officer Evaluation Report (OER) (DA Form 67-9) for the period ending 15 December 2007 and to have his records submitted to a special selection board for promotion consideration. Military Personnel (MILPER) Message Number 07-260, issued on 4 October 2007, announced the zones of consideration for the FY 2008 CW3, CW4, and CW5 promotion selection boards. The applicant received a change of rater OER...
ARMY | BCMR | CY2008 | 20080013735
The applicant states that he received shrapnel wounds while serving in Vietnam but he did not receive the Purple Heart. 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. 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 in Vietnam, the eyewitness statement provided by the applicant is...
ARMY | BCMR | CY2008 | 20080013738
Therefore, his records should be corrected to show these unit awards. 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 Purple Heart for wounds received in action on 16 March 1966 in the Republic of Vietnam; b. awarding him the Army Good Conduct Medal for the period from 19 November 1964 through 17 November 1967; and c. showing that, in...
ARMY | BCMR | CY2008 | 20080013742
Therefore, the applicant is entitled to award of the Purple Heart for wounds sustained on 12 April 1971 and correction of his records to show this award. Evidence shows that the applicant participated in one campaign during his service in the Republic of Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the award of the Purple Heart for wounds sustained in the Republic of Vietnam on 12 April 1971, Republic...
ARMY | BCMR | CY2008 | 20080013744
The applicant provides a copy of a seven-page chronological record of medical care that shows he received medical treatment for a laceration to his foot he sustained on 9 October 1970. Although the applicant was treated for a laceration to his foot while serving in the Republic of Vietnam, there is no corroborating evidence present in the available records which shows the applicant was wounded as the result of a hostile action. In the absence of eyewitness statements or other evidence of...
ARMY | BCMR | CY2008 | 20080013746
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 19 October 1965, was awarded the military occupational specialty of clerk, and was promoted to pay grade E-4. The applicant's military records do not contain orders awarding him the CIB.
ARMY | BCMR | CY2008 | 20080013747
There are no orders for the Combat Infantryman Badge in the available records. Although the evidence of record shows the applicant held and served in an infantry MOS in Vietnam, and the orders provided by the applicant show he served in connection with military operations against a hostile force in Vietnam, there is no evidence of record which shows he served in active ground combat while an assigned member of an infantry unit of brigade or smaller size in Vietnam. Therefore, there is...
ARMY | BCMR | CY2008 | 20080013748
There is no evidence of record which shows the applicant was diagnosed with any medical condition prior to his discharge on 30 July 1976. The chapter stated, in pertinent part, that the Trainee Discharge Program provided that commanders could expeditiously discharge members who lacked the necessary motivation, discipline, ability, or aptitude to become a productive Soldier when they were voluntarily enlisted in the Regular Army, Army National Guard, or U.S. Army Reserve; or were in basic...
ARMY | BCMR | CY2008 | 20080013751
The applicant states, in effect, that during his 12+ years of active duty he had a very successful career and when he was initially rated as being 10% disabled, he appealed that decision and fought to be medically retired. After reviewing the available evidence in his case and hearing testimony from the applicant, the PEB recommended that he be discharged by reason of physical disability with severance pay based on a 20% disability rating. Department of the Army disability decisions are...
ARMY | BCMR | CY2008 | 20080013753
Application for correction of military records (with supporting documents provided, if any). Neither his original nor his reissued DD Form 214 show he was awarded any medals for service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending item 18f of his reissued DD Form 214 to show he served 2 months and 19 days of foreign service in USARPAC; and b. adding the Vietnam Service Medal with one bronze...
ARMY | BCMR | CY2008 | 20080013754
Application for correction of military records (with supporting documents provided, if any). 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. _________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 | 20080013755
IN THE CASE OF: BOARD DATE: 23 September 2008 DOCKET NUMBER: AR20080013755 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. On 4 September 2008, new information was received from the applicant in regard to the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20050013261, dated 20 April 2006. ABCMR Record of Proceedings (cont) AR20080013755 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS SUPPLEMENTAL RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings...
ARMY | BCMR | CY2008 | 20080013758
Counsel states, in effect, the applicant had served on active duty for 18 years, 5 months, and 25 days when he was released from active duty (REFRAD) on 27 September 2003: a. The applicants military service records contain a DD Form 214, with an effective date of 27 September 2003, that shows the applicant was ordered to active duty in a Reserve commissioned officer status on 28 September 2001, in the grade of MAJ (O-4), in support of Noble Eagle Operations in accordance with Title 10,...
ARMY | BCMR | CY2008 | 20080013761
There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations. The regulation in effect at the time stated the reason for discharge based on separation code KFS is For the good of the service - in lieu of trial by court-martial and the regulatory authority is Army Regulation 635-200, chapter 10. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals...
ARMY | BCMR | CY2008 | 20080013762
The applicant requests, in effect, that his separation document (DD Form 214) be corrected to reflect the correct total of his overseas service. Item 26 of the DD Form 214 he was issued at this time shows he completed 2 years, 6 months, and 22 days of overseas service during the period covered by the DD Form 214 (21 September 1950-29 August 1953. The available evidence confirms that during his first enlistment from 21 September 1948 through 20 September 1950, the applicant completed 1...
ARMY | BCMR | CY2008 | 20080013763
The applicant provides the following documents in support of his application: Veteran Services Letter; Self-Authored Statement; Compensation and Pension Exam Report (VA Form 2507); Separation Document (WD AGO Form 53-55); Morning Reports (1-4 August 1944); and Department of Veterans Affairs (VA) Rating Decision, dated 5 May 2004. There is also no evidence showing that the applicant was ever wounded in action while serving during WWII, and there are no orders or other documents on file that...
ARMY | BCMR | CY2008 | 20080013765
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. He requests that his post service accomplishments be considered. The applicant was discharged on 4 May 1987.
ARMY | BCMR | CY2008 | 20080013766
There is no evidence the applicant received permanent Federal Recognition for initial appointment as a WO1 from the National Guard Bureau within the six-month period required by National Guard/Army Regulations. However, should the initial period of temporary Federal Recognition expire due to administrative processing delays, through no fault of the member, a subsequent Federal Recognition Board should be convened to consider the request again and grant another new period of temporary...
ARMY | BCMR | CY2008 | 20080013767
However, his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) shows that he was administratively discharged on 11 March 1976, under the provisions of Army Regulation 635-200, Chapter 10, for the good of the service. 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. The letter provided by the applicants employer states that he has been a responsible...
ARMY | BCMR | CY2008 | 20080013771
The applicant requests, in effect, that his clemency discharge be upgraded to a general discharge. On 12 August 1968, the separation authority approved the applicant's commander's recommendation and directed that the applicant be issued an Undesirable Discharge Certificate. Although the applicant may have been granted a clemency discharge with a full and unconditional pardon, the clemency discharge does not mitigate the reason for his separation and character of service upon being discharged.
ARMY | BCMR | CY2008 | 20080013772
The applicant requests, in effect, that all of his Department of Veterans Affairs (VA) rated disabilities be approved for Combat-Related Special Compensation (CRSC). The applicant's records clearly show that the USAPDA determined that he is entitled to some CRSC benefits. Additionally, there is no evidence in the available records and the applicant has not submitted sufficient evidence showing that his heart condition is a combat-related disability.
ARMY | BCMR | CY2008 | 20080013773
Military Personnel Records and advisory opinions (if any). Section III provides guidance on dates of promotion and states, in pertinent part, that if an officer is selected by a promotion advisory board/special selection board, the officer's date of rank and effective date for pay and allowances would be the same as if the officer had been recommended for promotion to the grade by the mandatory board that should have considered, or that did consider, the officer. As a result, the SSB...
ARMY | BCMR | CY2008 | 20080013774
The applicant requests, in effect, that his under other than honorable conditions discharge be upgraded to an honorable discharge. At the time, an under other than honorable conditions discharge was normally considered appropriate. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.
ARMY | BCMR | CY2008 | 20080013775
There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations. Army Regulation 635-200 (Personnel Separations), paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. _______ _ 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 | 20080013776
The applicant requests that he be paid $40,000 in Army College Fund (ACF) benefits as outlined in his enlistment contract. The applicants military records may be corrected to show his DA Form 3286-66 was amended to include the sentence, If ACF benefits in the amount of $40,000.00 (exclusive of MGIB benefits) were authorized by the official processing you for enlistment and the Government fails to pay the full amount under the appropriate provisions and such failure results in nonpayment...
ARMY | BCMR | CY2008 | 20080013778
Army Regulation 135-180 (Qualifying Service for Retired Pay, Nonregular Service), in effect at the time of the applicant's separation, states: a. a qualifying year for the purposes of qualifying for nonregular service retired pay is determined to be any year in which a service member earns a minimum of 50 retirement points; b. to be eligible for retired pay, an individual need not have a military status at the time of application, but must have: (1) attained age 60, (2) completed a minimum...
ARMY | BCMR | CY2008 | 20080013782
On 13 August 1964, the applicant's commander submitted a recommendation to bar the applicant from reenlistment. Meanwhile, also on 13 August 1964, the applicant's commander submitted a recommendation to discharge the applicant under the provisions of Army Regulation 635-208 for unfitness. 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.
ARMY | BCMR | CY2008 | 20080013783
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his separation grade of corporal be changed to the grade of sergeant based on his having been a prisoner of war for over 27 months in Germany. War Department General Staff Disposition Form, dated 24 September 1945, Subject: Promotion of Recovered Prisoners of War, directed that upon their return to military control, necessary action would be taken to promote one grade...
ARMY | BCMR | CY2008 | 20080013784
Although the applicant's records contain no evidence to show he was awarded the Combat Infantryman Badge, he was an infantryman assigned to an infantry unit. There is no evidence of record to show the applicant was awarded the Air Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received on 14 October 1968 and the Purple Heart (First Oak Leaf Cluster) for wounds received...
ARMY | BCMR | CY2008 | 20080013791
The applicant's DD Form 214 for the period ending 14 April 2008, shows he was ordered to active duty under the involuntary provisions of 10 U.S.C. The applicant was involuntarily mobilized once again for the period 1 May 2006 through 14 April 2008, for an additional 715 days; bringing him to a grand total of 1083 days of involuntary mobilization. Soldiers who volunteer to remain on active duty beyond the 24 month [730 days] mobilization authorized under the involuntary provisions of 10 U.S.C.
ARMY | BCMR | CY2008 | 20080013795
Application for correction of military records (with supporting documents provided, if any). The applicant's military records show that he enlisted in the USAR DEP on 13 December 1975. While the applicant enlisted in the USAR on 13 December 1975, he did not enlist in the Regular Army and enter active duty until 30 June 1976.
ARMY | BCMR | CY2008 | 20080013799
The applicant states that he was authorized to wear the Basic Aviation Badge following completion of his advanced individual training (AIT) and he wore the badge for 4 years. A review of the applicant's official records fails to show that the applicant was awarded the Basic Aviation Badge. Although there are no orders in the available records to document the applicant's award of the Basic Aviation Badge, the applicant completed his formal AIT in MOS 68J in 1987.
ARMY | BCMR | CY2008 | 20080013801
The applicants DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 2 July 1967 through 24 April 1968. Therefore, it would be appropriate to award him the first award of the AGCM for his qualifying period of honorable active duty service from 23 May 1966 through 22 May 1969. 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 his...
ARMY | BCMR | CY2008 | 20080013806
The doctors recommendation was that the applicant be medically retired from the military. The evidence shows the applicant was evaluated at WBAMC and was diagnosed with migraine induced stroke in August 1991 and 10 November 1992. The applicant was referred to a PEB and the PEB found that the applicant's medical and physical impairment prevented her from performing her duties required by her grade and military specialty.
ARMY | BCMR | CY2008 | 20080013819
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 Achievement Medal, the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K), a second award of the Good Conduct Medal, and the Driver Badge with W Bar. Headquarters, 573rd Personnel Service Company, Permanent Orders 132-26, dated 31 August 1987, show the applicant received the first award of the Good Conduct Medal for the...
ARMY | BCMR | CY2008 | 20080013820
A memorandum, dated 5 June 2003, from U.S. Army Reserve Personnel Command corrected the applicant's DOR for major. Table 3-3 (Appointment Grades) of Army Regulation 135-100 (Appointment of Commissioned and Warrant Officers of the Army) provides that an applicant for appointment with more than 14 years but less than 21 years of commissioned service credit will be appointed in the grade of major. The evidence shows the applicant appears to have had two periods wherein he was in an inactive status.
ARMY | BCMR | CY2008 | 20080013821
The applicant requests, in effect, that his retirement status be updated, his retirement letter [20-year letter] be issued, and that he be provided a retirement discharge certificate. Army Regulation 135-180 (Qualifying Service for Retired Pay Non-Regular Service) states in paragraph 2-3, that a 20-year letter will be issued to the Reserve Component Soldier within 1 year after completion of 20 years of qualifying service for retirement. However, the evidence shows that although he had been...
ARMY | BCMR | CY2008 | 20080013822
The applicant states, in effect, that he believes he should be authorized the "V" Device on his Bronze Star Medal which is not reflected on his separation documents. The applicant's records contain a WD AGO Form 0708 (Record of Award of Decoration) that shows he was awarded the Bronze Star Medal by General Orders Number 27, dated 14 April 1945, for heroic achievement in connection with military operations against the enemy on 20 and 21 December 1944. As a result, the Board recommends that...
ARMY | BCMR | CY2008 | 20080013824
A DA Form 4856, dated 27 November 2006, stated the applicant completed his obligations to be promoted to E-5 under the ACASP and completed his 8-week evaluation period as of 27 November 2006. The applicant provided a memorandum, dated 12 October 2007, from the Commander, 314th Military Intelligence Battalion. The battalion commander stated that this new policy equated to a target promotion date within 10-14 weeks after an ACASP enlistee arrived in the unit (based on 2 weeks of unit...
ARMY | BCMR | CY2008 | 20080013826
It requested a complete back examination to include ranges of motion and/or any evidence of tenderness and muscle spasms; a report of the results of a neurological examination; and whether the applicant's back pain was medically acceptable or not. Based on a review of the medical evidence of record, the PEB concluded that his medical condition prevented reasonable performance of his duty in his grade and specialty. The applicant was also counseled on the course of the disability processing...
ARMY | BCMR | CY2008 | 20080013828
The applicant requests, in effect, that deductions from his retired pay for the Reserve Component Survivor Benefit Plan (RCSBP) be stopped. He also states, in effect, that his service in the Oklahoma Army National Guard (OKARNG) was continuous from 1973 until he retired on 31 July 2008, and that he reached age 60 on 8 July 2008. CONSIDERATION OF EVIDENCE: 1.
ARMY | BCMR | CY2008 | 20080013829
The applicants Enlisted Qualification Record (DA Form 20) includes an entry in Item 31 (Foreign Service) that shows he served in the RVN from 12 October 1969 through 16 February 1970. The PH guidance contained in the awards regulation further states that accidents, to include accidental wounding, not related to or caused by enemy action clearly do not qualify for award of the PH. Item 40 of the applicant's DA Form 20 is blank, which indicates he was never wounded in action, and the PH is...
ARMY | BCMR | CY2008 | 20080013833
The applicant's DD Form 214 with a separation date of 29 May 2004 documents 119 days of active duty. HRC-STL recommended the applicant's DD Form 214 for the period from 9 January 2005 to 15 March 2005 show active service in Operation Enduring Freedom. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. HRC-STL reviewing the applicant's records of service and amending items 12d and 12e of his DD Form 214 with a separation...