ARMY | BCMR | CY2009 | 20090013055
However, his DD Form 214 shows that he was administratively discharged on 22 April 2003 under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 14-12b, for a pattern of misconduct. On 25 June 2009, the Army Discharge Review Board denied the applicant's request for an upgrade of his discharge. The available records do not contain any evidence of the misconduct that led to the applicant's discharge.
ARMY | BCMR | CY2009 | 20090013056
The NGB stated that there is no evidence showing the applicant was injured while serving in the PRARNG and there is no record of a line of duty investigation being approved on the applicant for any injury. The applicant also submits documents which support his contention that he was injured while on active duty. There is a disc between each of the vertebra in your spine.
ARMY | BCMR | CY2009 | 20090013058
A 22 April 2009 PEB proceeding (DA Form 199) shows that the applicant was found unfit for continuation on active duty and afforded a 10 percent disability evaluation for her back condition. In the determination section, at item 10A, it states her condition was not based on a disability from an injury or disease received in the line of duty as a direct result of armed conflict or caused by an instrumentality of war and incurred in a period of war. Title 10, U.S. Code, section 1413a...
ARMY | BCMR | CY2009 | 20090013059
Chapter 5 of the awards regulation contains guidance on service medals and service ribbons. Therefore, it would be appropriate to correct item 32 of his WD AGO Form 53-55 to reflect all eight campaigns identified and to correct item 33 by adding the DUC 1st Oak Leaf Cluster (2nd Award), Army Occupation Medal with Germany Clasp, and 1 silver service star, 3 bronze service stars and 1 bronze arrowhead with his EAME Campaign Medal. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2009 | 20090013063
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his discharge under other than honorable conditions be upgraded. On 16 June 1989, the separation authority approved the applicant's voluntary request for discharge and directed that he be furnished an under other than honorable conditions discharge.
ARMY | BCMR | CY2009 | 20090013066
The applicant requests his under other than honorable conditions discharge be upgraded to an honorable or a general discharge 2. In his request for discharge, the applicant acknowledged he understood that by requesting discharge he understood that if the discharge request was approved, he may be discharged under other than honorable conditions and be furnished an Undesirable Discharge Certificate. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation...
ARMY | BCMR | CY2009 | 20090013069
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show two awards of the Bronze Star Medal. There is no evidence of record and the applicant did not provide any evidence that he was awarded or recommended for this award.
ARMY | BCMR | CY2009 | 20090013073
In his recommendation, the unit commander stated there were indications that the applicant would go AWOL again if not discharged. Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor.
ARMY | BCMR | CY2009 | 20090013076
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Bronze Star Medal. The applicant's military records are not available to the Board for review. 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 | CY2009 | 20090013078
Furthermore, there are no orders in the applicant's records that show he was awarded the Combat Infantryman Badge. However, there is no evidence in the available records and the applicant did not submit substantiating evidence that shows he was an active participant in ground combat while assigned to an infantry unit. In the absence of evidence that he actively participated in ground combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the...
ARMY | BCMR | CY2009 | 20090013080
The applicant requests that his general discharge under honorable conditions be upgraded to an honorable discharge. On 26 April 1984, the applicant's commander notified him action was being recommended to separate him under the provisions of chapter 14 of Army Regulation 635-200 (Personnel Separations) due to his conviction by civilian authorities for kidnapping and sexual battery. Therefore, based on the board of officers' recommendation that the applicant receive a general discharge...
ARMY | BCMR | CY2009 | 20090013081
Application for correction of military records (with supporting documents provided, if any). This document shows the applicant's unit (4th Battalion, 21st Infantry) was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation at the time of his assignment based on Department of the Army General Orders Number 42, dated 1972. Therefore, there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.
ARMY | BCMR | CY2009 | 20090013084
The applicant requests upgrade of his undesirable discharge to a general, under honorable conditions discharge. On 26 February 1976, the applicant consulted with counsel and requested a discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, by reason of for the good of the service - in lieu of court-martial. The applicants record of service included one Article 15 and...
ARMY | BCMR | CY2009 | 20090013088
The evidence of record shows the applicant was awarded the Vietnam Service Medal. With respect to the applicant's MOS, the evidence of record shows the applicant was awarded MOS 67B2F on 10 January 1971 and held this MOS at the time of his separation. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding to his DD Form 214 awards of the Air Medal (1st Oak Leaf Cluster) and "V" Device, two awards of the Republic of...
ARMY | BCMR | CY2009 | 20090013090
The applicant's military records are not available for review. 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 proceedings of the Army Board for Correction of Military Records in this case.
ARMY | BCMR | CY2009 | 20090013092
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the Purple Heart. The applicant's military records are not available to the Board for review. The applicant contends that his WD AGO Form 53-55 should be corrected to show that he was wounded in action and was awarded the Purple Heart.
ARMY | BCMR | CY2009 | 20090013098
The applicant requests reconsideration of his previous request to correct his records by: a. correcting his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his correct military occupational specialty (MOS) with the Special Qualification Identifier (SQI) "H" (Instructor); and b. placing his DA Forms 2627 (Record of proceedings Under Article 15, UCMJ) in his restricted fiche if the Board will not reconsider removing them altogether from his Official Military...
ARMY | BCMR | CY2009 | 20090013100
On 26 April 2006, the applicant's command initiated separation proceedings under Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), paragraph 14-12c, by reason of misconduct - commission of a serious offense. The applicant's original DD Form 214 shows the following: a. discharge under other than honorable conditions with 5 years, 2 months, and 16 days of creditable active service and 276 days of lost time; b. separation in pay grade E-1; c....
ARMY | BCMR | CY2009 | 20090013104
On 12 May 2003, the applicant was accordingly discharged. The SPD code of "KFS" is the correct code for Soldiers separating under chapter 10 of Army Regulation 635-200. The evidence of record further confirms that the applicant's RE code was assigned based on the fact that he was separated under the provisions of chapter 10 of Army Regulation 635-200 in lieu of a trial by court-martial.
ARMY | BCMR | CY2009 | 20090013106
The BSM is not listed either on the FSM's WD AGO Form 53-98 or in the NPRC letter. However, evidence of record shows that the FSM was in fact awarded the BSM by letter orders based on award of the Combat Infantryman Badge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 29 of the FSM's WD AGO 53-98 the Bronze Star Medal, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Carbine Bar,...
ARMY | BCMR | CY2009 | 20090013107
Application for correction of military records (with supporting documents provided, if any). Therefore, it would be appropriate to correct her DD Form 214 to show this 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 12, block f, of her DD Form 214 the entry, "0000 00 00" and adding the entry, "0000 06 03"; b. adding to item 13 of her DD Form 214 the Global War on Terrorism Service...
ARMY | BCMR | CY2009 | 20090013109
Application for correction of military records (with supporting documents provided, if any). The applicant's record is void of any document and the applicant did not provide any documents to show that he was treated for or diagnosed with a condition or physical disability which would have made him unfit for service prior to his separation. 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...
ARMY | BCMR | CY2009 | 20090013110
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by showing his military occupational specialty (MOS) as 11B (Infantryman) in item 23a (Specialty Number and Title) and adding the Combat Infantryman Badge (CIB) to the awards entered in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign...
ARMY | BCMR | CY2009 | 20090013111
The applicant states he should have been placed on the Retired List in the pay grade of E-7. 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 was on active duty serving in the pay grade of E-6 at the time he retired.
ARMY | BCMR | CY2009 | 20090013115
Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Campaign Medal with Device (1960). Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during...
ARMY | BCMR | CY2009 | 20090013116
IN THE CASE OF: BOARD DATE: 2 February 2010 DOCKET NUMBER: AR20090013116 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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. _______ _ X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of...
ARMY | BCMR | CY2009 | 20090013117
The evidence shows the applicant served a qualifying period of service in Iraq for award of the Iraq Campaign Medal and that he participated in two campaigns. Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal for the period 4 January 2001 through 3 January 2004 and to correct his records to show this award. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2009 | 20090013120
Army Regulation 672-5-1 (Military Awards) provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, inclusive. In regards to the FSMs rank at the time of his REFRAD, the available evidence of record does not contain any evidence to show that he was promoted to the rank of staff sergeant while he was on active duty. As a result, the Board recommends that all...
ARMY | BCMR | CY2009 | 20090013121
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of his third Army Commendation Medal, the Humanitarian Service Medal, and the Armed Forces Service Medal. The evidence shows the applicant served a qualifying period of service for award of the Humanitarian Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding the Army Commendation...
ARMY | BCMR | CY2009 | 20090013122
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her service in Korea and the Korea Defense Service Medal. While the evidence does confirm the applicant served in Korea, there were no provisions for entering the location of the foreign service on an individuals DD Form 214 at the time the applicant was released from active duty on 31 March 1980. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2009 | 20090013124
The PEB determined that the applicant remained unfit, awarded him a 10-percent disability rating, and recommended separation from the Army with entitlement to severance pay. Title 10, U.S. Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of service or a disability rating at least 30 percent. The evidence of record shows the applicant sustained a back injury and subsequently underwent an MEBD which recommended he be given a PEB.
ARMY | BCMR | CY2009 | 20090013125
IN THE CASE OF: BOARD DATE: 7 January 2009 DOCKET NUMBER: AR20090013125 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant's National Guard Bureau [NGB] Form 22 (Report of Separation and Record of Service) shows that she was discharged on 5 December 1984 with a general discharge under the provisions of NGR 600-200, paragraph 7-10r for unsatisfactory performance. Evidence of record shows the applicant was discharged under honorable conditions (a general discharge) from the...
ARMY | BCMR | CY2009 | 20090013134
On 31 July 1987, the applicant was counseled by his company commander regarding his failure to make progress or show any desire to lose weight in the weight control program over a period of 8 months. Accordingly, the applicant was discharged under honorable conditions on 23 September 1987, under the provisions of Army Regulation 635-200, paragraph 5-15 due to failure to meet Army weight control standards. There is no evidence in the available records to show that he ever applied to the...
ARMY | BCMR | CY2009 | 20090013140
The evidence of record shows that prior to his retirement in 1996, the FSM elected full SBP spouse coverage. There is no indication that the FSM submitted the necessary forms to change his SBP election from "spouse" to "former spouse" within 1 year of the divorce. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he changed his SBP coverage from "spouse" to "former spouse" coverage within 1 year of their divorce in...
ARMY | BCMR | CY2009 | 20090013149
The applicant's Enlisted Record Brief (ERB) dated 30 April 2003, shows the applicant was awarded one Joint Service Achievement Medal, two Army Achievement Medals, one Army Service Ribbon, and two National Defense Service Medals. The available evidence shows that the applicant was awarded two National Defense Service Medals, a Joint Service Achievement Medal, and two Army Achievement Medals. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2009 | 20090013154
Application for correction of military records (with supporting documents provided, if any). The applicant states that his reduction in rank from specialist five/pay grade E-5 to private first class/pay grade E-3 was too harsh. ____________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 | 20090013156
The applicant, the son of a deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show one or two awards of the Presidential Unit Citation. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the 131st Armored OM Battalion was cited for award of the Meritorious Unit Commendation for the period 15 December 1944 to 15 March 1945. Based on the...
ARMY | BCMR | CY2009 | 20090013157
The applicant requests correction of item 12c (Net Active Service This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and issuance of an Honorable Discharge Certificate. In this case, the evidence of record confirms the applicant entered active duty on 29 December 1981 and was REFRAD on 11 December 1984, which is a total of 2 years, 11 months, and 13 days. The evidence of record further shows that an Honorable Discharge Certificate was mailed to the...
ARMY | BCMR | CY2009 | 20090013160
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 | 20090013161
On 6 June 2005, the applicant's immediate commander notified the applicant of his intent to initiate separation action against him in accordance with paragraph 14-12(b) of Army Regulation 635-200 (Personnel Separations) for a pattern of misconduct. Army Regulation 635-200 states, 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. The evidence of record shows that the...
ARMY | BCMR | CY2009 | 20090013162
Among them, the 157th Infantry Brigade had no legal standing to conduct the FLIPL; the FLIPL IO failed to show that each Soldiers actions were the "proximate cause" for the vehicle accident; the IO applied a "simple negligence" standard; the IO applied the incorrect standard of a "group liability" which does not exist under Army Regulation 735-5; the FLIPL should have identified each Soldiers individual liability, as mitigated by the actions of any other person; the IO investigated the...
ARMY | BCMR | CY2009 | 20090013163
The applicant requests, in effect, an upgrade of his bad conduct discharge to a general discharge. In order to justify correction of a military record, there must be evidence that show, or it must satisfactorily appear, that the record is in error or unjust. However, the available evidence does not show the applicant was suffering from PTSD or that he had any other medical condition at the time of discharge.
ARMY | BCMR | CY2009 | 20090013165
IN THE CASE OF: BOARD DATE: 28 January 2010 DOCKET NUMBER: AR20090013165 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Item 12a of the DD Form 214 that he was furnished at the time of his discharge shows his date entered on active duty this period as 29 June 1980 and item 12b shows his separation date this period as 7 May 1989. ____________x___________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...
ARMY | BCMR | CY2009 | 20090013166
Among them, the 157th Infantry Brigade had no legal standing to conduct the FLIPL; the FLIPL IO failed to show that each Soldiers actions were the "proximate cause" for the vehicle accident; the IO applied a "simple negligence" standard; the IO applied the incorrect standard of a "group liability" which does not exist under Army Regulation 735-5; the FLIPL should have identified each Soldiers individual liability, as mitigated by the actions of any other person; the IO investigated the...
ARMY | BCMR | CY2009 | 20090013169
Among them, the 157th Infantry Brigade had no legal standing to conduct the FLIPL; the FLIPL IO failed to show that each Soldiers actions were the "proximate cause" for the vehicle accident; the IO applied a "simple negligence" standard; the IO applied the incorrect standard of a "group liability" which does not exist under Army Regulation 735-5; the FLIPL should have identified each Soldiers individual liability, as mitigated by the actions of any other person; the IO investigated the...
ARMY | BCMR | CY2009 | 20090013171
Counsel states the applicant concealed no information during his enlistment processing for the TNARNG and his recruiter followed all recruiting procedures in processing an enlistment waiver to effect the applicant's enlistment in the TNARNG. Based on the authority and reason for the applicant's discharge, his assigned SPD code should have been JRB with an RE code of 3; c. An administrative correction by the ABCMR in 1996 resulted in a correction to the SPD code on the applicant's DD Form...
ARMY | BCMR | CY2009 | 20090013172
Among them: the 157th Infantry Brigade had no legal standing to conduct the FLIPL; the FLIPL IO failed to show that each Soldiers actions were the "proximate cause" for the vehicle accident; the IO applied a "simple negligence" standard; the IO applied the incorrect standard of a "group liability" which does not exist under Army Regulation 735-5; the FLIPL should have identified each Soldiers individual liability, as mitigated by the actions of any other person; the IO investigated the...
ARMY | BCMR | CY2009 | 20090013173
Application for correction of military records (with supporting documents provided, if any). The applicant's military personnel records show she enlisted in the Regular Army on 9 August 1989 for a period of 6 years. The applicant's records show she elected the New MGIB and paid $1,200 during her first 12 months of active service.
ARMY | BCMR | CY2009 | 20090013174
Army Regulation 672-5-1 (Military Awards), 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. This document shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968 by Department of the Army General Order (DAGO) Number 31, dated 1969 and the Republic of Vietnam...
ARMY | BCMR | CY2009 | 20090013178
On 21 May 2007 orders were issued by the Syracuse MEPS ordering the applicant to active duty for initial active duty for training. That same regulation notes that when preparing a DD Form 214 the date of entry on active duty (block 12a) will be the beginning date of the continuous period of active duty for issuance of the DD Form 214 for which a DD Form 214 was not previously issued. As such he would have had a period of 2 months and 25 days of prior inactive service which should been...