ARMY | BCMR | CY2009 | 20090001284
The FSMs initial DD Form 214, which reflected that he was dishonorably discharged from active duty on 21 August 1967, was reissued (by order of the Secretary of the Army), to reflect the character of his discharge as Under Conditions Other Than Honorable" and the FSM was issued DD Form 259A (Bad Conduct Discharge Certificate). Evidence shows that the FSM was discharged from active duty as a result of sentence of a general court-martial. The evidence of record failed to establish a basis...
ARMY | BCMR | CY2009 | 20090001286
The applicant states that his separation date should be 11 October 1968 instead of 11 October 1972 and his SSN should be xxx-40-xxxx instead of xxx-90-xxxx. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. With respect to the applicants separation date, the evidence of record shows the applicant enlisted for a period of 3 years on 18 October...
ARMY | BCMR | CY2009 | 20090001295
She completed a 100-percent inventory of all items that were on her hand receipt at that time. The IO's findings with regard to the applicant were: a. that the applicant was the rear detachment NCO in charge and the hand receipt holder for the left-behind equipment, b. that the applicant had numerous issues identifying the left-behind equipment as the sections failed to update her in a timely manner on the deployable equipment status, c. that the applicant appeared to be overwhelmed and...
ARMY | BCMR | CY2009 | 20090001297
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. He goes on to state that his discharge was based on one incident in more than 2 years of a relatively clean record. There is no indication in the available records to show that he ever applied to the Army Discharge review Board for an upgrade of his discharge within that boards 15-year statute of limitations.
ARMY | BCMR | CY2009 | 20090001298
Item 17 (Foreign Service) shows he served in the U.S. Army Pacific (USARPAC) in the Republic of Korea from 19 April 1967 through 23 February 1968; in the Republic of Vietnam (RVN) from 27 January through 3 April 1969; and in Hawaii from 4 April through 22 June 1969. c. Item 18 (Record of Assignments), in pertinent part, shows the applicant was assigned to Headquarters and Headquarters Company, 5th Battalion, 1st Infantry, Fort Campbell, Kentucky, and served in MOS 8510 (Combat Artist) while...
ARMY | BCMR | CY2009 | 20090001299
At the time the applicant was discharged, and currently, members separated by reason of physical disability with severance pay were assigned a code of RE-3, which applies to persons who are disqualified from reenlistment but the disqualification is waivable. As a result, the applicant's record should be corrected to show he was assigned a code of RE-3. ___________X___________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...
ARMY | BCMR | CY2009 | 20090001300
However, discharge orders and the applicant's DD Form 214 show that he was discharged on 16 July 1956 with an undesirable discharge under the provisions of Army Regulation 635-208 for habits or traits of character manifested by misconduct. 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, paragraph 3-7b, provides that a general discharge is a separation from the...
ARMY | BCMR | CY2009 | 20090001306
Counsel essentially states the applicant's Entrance Physical Standards Board (EPSBD) failed to recognize that his ankle pain was service aggravated, and he was never considered for separation by a Medical Evaluation Board (MEB) contrary to the advice of the examining physicians on the EPSBD. The EPSBD also determined that the applicant's medical condition existed prior to service and it was not service aggravated. However, even if the applicant had gone before a medical board and it was...
ARMY | BCMR | CY2009 | 20090001309
The applicant requests, in effect, that his undesirable discharge be upgraded to general, under honorable conditions. The applicant's military records are not available for review. There is no evidence of record, nor has the applicant provided sufficient evidence to support an upgrade of his discharge.
ARMY | BCMR | CY2009 | 20090001312
The applicant requests that his DA Form 4991-R (Declination of Continued Service Statement) be removed from his Official Military Personnel File (OMPF). Therefore, there is sufficient evidence as a basis on which to remove the DA Form 4991-R, dated 5 December 2006 from the applicant's OMPF. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing the DA Form 4991-R, dated 5 December 2006, from his OMPF.
ARMY | BCMR | CY2009 | 20090001313
The applicant states that she was married to the FSM for 25 years, 18 of which were during his military service and that upon his retirement, he elected spouse coverage under the SBP. The applicant contends that the records of her former spouse should be corrected to show that her request for a deemed election of former spouse coverage under the SBP was timely received and properly processed by officials at DFAS. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2009 | 20090001314
The applicant requests correction of his military records by setting aside the results of his administrative reduction board, restoring his rank of sergeant, pay grade E-5 and paying him what he would have received had he not been improperly reduced. The applicant provides, in support of his application, copies of two memorandums notifying him of the administrative reduction board, the memorandum announcing the appointment of individuals to the administrative reduction board, two...
ARMY | BCMR | CY2009 | 20090001317
The applicant requests, in effect, that his under other than honorable conditions (UOTHC) discharge be upgraded to a general under honorable conditions discharge. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.
ARMY | BCMR | CY2009 | 20090001318
The applicant requests a conditional release from the Individual Ready Reserve (IRR) so he may serve the remainder of his Armed Forces Health Professions Scholarship Program (AFHPSP) contractual obligation on active duty in the commissioned corps of the U.S. Public Health Service (USPHS). He further states that he realizes that he signed a contract obligating him to remain in the IRR until 2012; however, the Board should weigh in the fact that he intends to serve in an active status as a...
ARMY | BCMR | CY2009 | 20090001323
The applicant requests, through his Representative in Congress, award of the Purple Heart for injuries received, on 27 December 2006, while serving in Iraq. On 31 March 2007, the applicant submitted a request to the Commander, AHRC for reconsideration for award of the Purple Heart. On 27 October 2008, the applicant's Representative in Congress was notified by AHRC that his request for award of the Purple Heart had been twice reviewed and that while he sustained a grade 1 concussion, the...
ARMY | BCMR | CY2009 | 20090001324
The applicant states that her ex-husband (the FSM) was court-ordered to change his SBP election from spouse to former spouse. The divorce decree granted the applicant 42% of the FSM's military retired pay and directed that the FSM participate in the SBP at the FULL amount of his retired pay and that the applicant be deemed the beneficiary as a former spouse. Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage (without the members agreement) in those...
ARMY | BCMR | CY2009 | 20090001328
Application for correction of military records (with supporting documents provided, if any). The applicant's military records show he was inducted into the Army and entered active duty on 28 January 1964. Given that no HOR was officially established at the time of the applicants entry on active duty as required by regulation, in the interest of justice, it would be appropriate to correct Item 23 of the applicants DD Form 214 to reflect Route 1, Box 123, Camp Hill, Alabama at this time.
ARMY | BCMR | CY2009 | 20090001333
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his 1993 discharge from the Michigan Army National Guard be upgraded from a general discharge to fully honorable. Although documents associated with his administrative separation from the Michigan Army National Guard were not in records available to the Board, the applicants 1993 NGB Form 22 indicates the applicant was discharged under the provisions of National Guard...
ARMY | BCMR | CY2009 | 20090001335
The applicant requests his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the Expert Marksmanship Qualification Badge with Rifle Bar, the Air Medal with 42 Oak Leaf Clusters, the Air Medal with V Device, the Purple Heart, and the Good Conduct Medal. The applicant wants his DD Form 214 corrected to show the Expert Marksmanship Qualification Badge with Rifle Bar, the Air Medal with 42 Oak Leaf Clusters, the Air Medal with V Device, the...
ARMY | BCMR | CY2009 | 20090001340
The applicant requests, in effect, correction of his DD Form 2656 (Data for Payment of Retired Personnel) to show his spouse concurred with his election made on 27 October 2008, not to participate in the Survivor Benefit Plan (SBP), by showing that date in block 32b (Date Signed). As for the applicant's request for an expedited refund of the costs of the SBP already deducted from his retired pay account, the ABCMR only corrects military records. As a result, the Board recommends that all...
ARMY | BCMR | CY2009 | 20090001344
The applicants military records are not available to the Board for review. Item 31 (Military Qualifications and Date) of the applicant's WD AGO Form 53-55 does not show award of the CIB. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was awarded the Combat Infantryman Badge, the Bronze Star Medal, and the World War II Victory Medal.
ARMY | BCMR | CY2009 | 20090001346
It states, in pertinent part, in order to support award of the PH, there must be evidence confirming that the wound for which the award is being made was received as a result of enemy action, that it required treatment by medical personnel, and a record of this treatment must have been made a matter of official record. However, the evidence of record confirms the applicant suffered from a concussion as a result of an explosion of an enemy generated mortar attack in Afghanistan on 27 March...
ARMY | BCMR | CY2009 | 20090001350
The applicant states that she was almost getting out of the Army on an honorable discharge before she was charged with disobeying a staff sergeant in the laundry. Accordingly, she was discharged under other than honorable conditions on 21 July 1982 under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. A condition of submitting such a request is that the individual concerned must admit guilt to the charges against him or her or of a lesser included...
ARMY | BCMR | CY2009 | 20090001352
Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. Although the applicant contends that he had a good record until his last month of service, the evidence of record shows his first nonjudicial punishment was in April 1972 and he had three nonjudicial punishments in July 1972. Since the applicant's record of service included four nonjudicial punishments and 4 days of lost time, his record of service was not...
ARMY | BCMR | CY2009 | 20090001354
There is no evidence of record that shows the applicant received more than one award of the Army Commendation Medal. The evidence of record shows that the applicant completed a qualifying period of service for award of the Good Conduct Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of the applicant's DD Form 214 the Army Commendation Medal and the Vietnam Service Medal; b. awarding the...
ARMY | BCMR | CY2009 | 20090001355
IN THE CASE OF: BOARD DATE: 5 May 2009 DOCKET NUMBER: AR20090001355 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant's record shows he enlisted in the Regular Army on 21 April 1989. The applicants successful/superior evaluation reports, academic achievements, combat experience, multiple awards, overall service record and character reference letters are noted; however, the available evidence shows the applicant was convicted by a special court-martial, which was warranted by...
ARMY | BCMR | CY2009 | 20090001356
Therefore, it would be appropriate to correct his records to show these unit awards on his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Good Conduct Medal for the period 14 June 1965 to 18 May 1968 and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal; b. adding the following awards to the applicants DD Form 214: the Bronze Star Medal, Good...
ARMY | BCMR | CY2009 | 20090001358
The applicant requests that he be paid $40,000.00 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...
ARMY | BCMR | CY2009 | 20090001359
On 28 June 1978, the applicants immediate commander initiated separation action against the applicant under the provisions of paragraph 5-31 of Army Regulation 635-200. Army Regulation 635-200 provides 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. The evidence of record shows that the applicant voluntarily consented to his discharge under the Expeditious Discharge Program.
ARMY | BCMR | CY2009 | 20090001361
The applicant requests his records be corrected to show he served in Iraq from 26 November 2007 to 26 October 2008. The applicant states his period of service in Iraq is not listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty). _________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 | CY2009 | 20090001362
The applicant requests reconsideration of the Board's denial of his previous request for correction of his military records to void his 15 December 2004 reenlistment and to show that he reenlisted after he deployed to Iraq and would have been eligible for a tax free $15,000 bonus. In the Board's first consideration of this case, the Board found that the applicant was an AGR Soldier at the time he extended his enlistment agreement. To correct the term of an extension when it is other than...
ARMY | BCMR | CY2009 | 20090001365
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Kuwait and the awards he received as a result of his deployments during the periods of 1998 through 1999 and 2001 through 2002. He asks that the Army Board for Correction of Military Records (ABCMR) review his records to locate evidence to support his request. The DD Form 214 provided a brief, clear-cut record of active Army service at the time of release from...
ARMY | BCMR | CY2009 | 20090001366
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 AR20080014422 on 12 November 2008. The Board denied the applicant's request for award of the CIB citing that there was no evidence to show that he was personally present and under hostile fire while serving in his infantry unit. The Republic of Vietnam Certificate of Service and BSM...
ARMY | BCMR | CY2009 | 20090001369
The applicant requests reconsideration of her previous request that the records of her husband, the former service member (FSM) be corrected to show that he elected to change his Survivor Benefit Plan (SBP) coverage from "Natural person with insurable interest-mother" to "Spouse only" coverage upon marriage. The applicant appealed to the ABCMR in an application dated 1 August 2007 requesting that the FSM's records be corrected to show that he elected to change his SBP coverage from "Natural...
ARMY | BCMR | CY2009 | 20090001372
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Good Conduct Medal and the Army of Occupation Medal. There is no evidence of record which shows the applicant was disqualified from receiving the first award of the Army Good Conduct Medal for the period 27 July 1977 through 26 July 1980. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2009 | 20090001373
Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. The applicant's records do not contain his flight record and/or orders awarding him the Bronze Star Medal. The regulation authorized the commander of any unit with Army aircraft assigned to publish orders allowing qualified members of that command to wear the Aircraft Crew Member Badge.
ARMY | BCMR | CY2009 | 20090001378
The applicant states, in effect, that his WD AGO Form 53-55 does not reflect his award of the Bronze Star Medal and his rank as SGT. 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 AR20080007447, dated 21 August 2008. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2009 | 20090001381
On 18 February 1977, court-martial charges were preferred against the applicant for one specification of being AWOL during the period on or about 17 July 1968 until on or about 17 February 1977. 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. ...
ARMY | BCMR | CY2009 | 20090001384
IN THE CASE OF: BOARD DATE: 31 March 2009 DOCKET NUMBER: AR20090001384 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The evidence of record shows the applicant was awarded the Good Conduct Medal for the period of service from 27 August 1996 through 26 August 1999 under Permanent Orders Number 270-00010, dated 27 September 1999. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by revoking Permanent Orders Number 273-00085,...
ARMY | BCMR | CY2009 | 20090001385
The evidence of record further shows the applicant participated in five campaigns during his service in the Republic of Vietnam. Therefore, he is entitled to award of one silver service stars to be affixed to his already-awarded Vietnam Service Medal and to have his record 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. deleting from Item 24 of the applicant's DD Form 214 the Vietnam...
ARMY | BCMR | CY2009 | 20090001391
IN THE CASE OF: BOARD DATE: 4 June 2009 DOCKET NUMBER: AR20090001391 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. In the absence of any other corroborating evidence of record which shows that the applicant was wounded or injured as a result of hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case. _______ _ X_______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...
ARMY | BCMR | CY2009 | 20090001393
The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect award of the Army Commendation Medal (ARCOM) with 3rd Oak Leaf Cluster (OLC) (4th Award). The evidence of record shows that the applicant was awarded the ARCOM with 1st OLC in December 1983 and a retirement ARCOM with 3rd OLC in October 1986. Therefore, it would be appropriate at this time to correct his DD Form 214 to add the ARCOM with 3rd OLC.
ARMY | BCMR | CY2009 | 20090001395
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 Combat Infantryman Badge. The applicant's military records show he was inducted into the Army of the United States on 3 February 1969. It further states that combat service alone is not a sufficient basis to support award of the Combat Infantryman Badge.
ARMY | BCMR | CY2009 | 20090001398
He also states, in effect, that his records and orders should be used as evidence of his service in Vietnam. The evidence of record further shows the applicant served in Vietnam from 1 September 1967 to 1 July 1968, a period of 10 months and 1 day. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Item 22c of his DD Form 214 to show he was credited with 10 months and 1 day service in the United States Army Pacific...
ARMY | BCMR | CY2009 | 20090001402
The applicant requests, in effect, that his official military personnel file (OMPF) on the integrated Personnel Electronic Records Management System (iPERMS) be corrected by removing erroneous or duplicate orders concerning his third award of the Army Good Conduct Medal. This regulation also provides that once filed such documents become a permanent part of the OMPF and may only be removed by one of several agencies, one of which is the Army Board for Correction of Military Records (ABCMR)....
ARMY | BCMR | CY2009 | 20090001410
The applicant requests correction of his records to show his correct social security number (SSN). While the Form SSA-2458 from the Social Security Administration and the copy of his social security card show his SSN as 2xx-5x-8xxx, his official military records show he served on active duty under both 3xx-1x-2xxx and 3xx-1x-4xxx. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct...
ARMY | BCMR | CY2009 | 20090001411
However, the original election form was sent in instead and premiums are being deducted from his retired pay in error. Accordingly, since the applicant made the election not to participate in the SBP based on information that was provided to him by the appropriate personnel and those personnel forwarded the original election to participate in error, it would be in the interest of justice to correct his records at this time to show that he elected not to participate in the SBP and that all...
ARMY | BCMR | CY2009 | 20090001412
He states that it was the first time that he was wounded and that he does not believe that he was ever awarded the Purple Heart for that injury. Records show the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 the Purple Heart and the Vietnam Service Medal; b. awarding the applicant the Purple Heart (first oak leaf cluster) for...
ARMY | BCMR | CY2009 | 20090001415
The applicant requests reconsideration of his earlier request for correction of his military records to show the award of two Purple Heart medals and the Army Commendation Medal. He also requests [new issue] correction of his military records to show award of the Bronze Star Medal. The staff of the ABCMR reviewed the applicant's request for reconsideration and determined that his request for reconsideration concerning award of two Purple Heart medals and the Army Commendation Medal was not...
ARMY | BCMR | CY2009 | 20090001416
IN THE CASE OF: BOARD DATE: 1 July 2009 DOCKET NUMBER: AR20090001416 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. On a previous Army Board for Correction of Military Records (ABCMR) Record of Proceedings, dated 31 May 2007, the applicant's records were corrected by issuance of a DD Form 215, dated 5 September 2007, to add to item 13 of his DD Form 214 for the period ending 9 May 2004 the Combat Action Badge, Iraq Campaign Medal, and the Overseas Service Ribbon. Therefore, his records...