ARMY | BCMR | CY2009 | 20090013296
A review of the applicant's military personnel records revealed that there are no orders in the applicant's records that show he was awarded the Purple Heart. The applicant's military personnel records do not contain any evidence that the applicant provided the information requested. The applicant provides no timely documentary evidence from his service medical records to verify that he was wounded as the result of hostile action, that such wound required treatment by medical personnel, or...
ARMY | BCMR | CY2009 | 20090013297
BOARD DATE: 5 January 2010 DOCKET NUMBER: AR20090013297 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Global War on Terrorism Service and Expeditionary Medals. The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated AOE,...
ARMY | BCMR | CY2009 | 20090013306
The ADRB recommended that the applicant's characterization be changed to honorable; that the SPD be changed to JKK (misconduct drug abuse); and that the RE code be changed to 4. Only the RE code change from 3 to 4 had been made to the applicant's DD Form 214. The evidence clearly shows that the applicant was originally discharged with a characterization of under honorable conditions; with an RE Code 3, and with an SPD of JKQ, for misconduct (serious offense).
ARMY | BCMR | CY2009 | 20090013312
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that her narrative reason for separation under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 9 (Alcohol Rehabilitation Failure) be changed. The regulation shows that the SPD code "JPD" as shown on the applicant's DD Form 214 specifies the narrative reason for discharge as "alcohol rehabilitation failure" and that the authority for...
ARMY | BCMR | CY2009 | 20090013314
After he completed training, he was placed back on alert for Vietnam, at which time he lost his nerve and feared for his life. The applicant's military records show he enlisted in the Regular Army (RA) in pay grade E-1 on 5 August 1970, for 3 years. Army Regulation 635-200, paragraph 3-7b, provided that a general discharge was a separation from the Army under honorable conditions.
ARMY | BCMR | CY2009 | 20090013316
The applicant states, in effect, that Federal law allows the promotion to captain without a baccalaureate degree once waived by the Secretary concerned; that the intent of Title 10, U.S. Code, section 12205(d), is for promotion and not consideration purposes; and that the U.S. Army Human Resources Command (HRC), St. Louis, Missouri, has no legal justification in implementing a partial waiver policy and must correct his date of rank to captain based on his promotion eligibility date (PED) of...
ARMY | BCMR | CY2009 | 20090013317
The applicant requests that his date of rank (DOR) for promotion to captain (CPT) be adjusted by 2 years based on the Corrected Copy of an Appointment Memorandum, dated 13 February 2006. The opinion indicated the applicant was considered and selected for promotion to CPT by the 2006 DA Reserve Components Selection Board. The advisory opinion stated that the applicant was in the zone for consideration for earlier promotion boards since his DOR to 1LT was adjusted to 12 July 2000 and that...
ARMY | BCMR | CY2009 | 20090013321
The applicant requests, in effect, reconsideration of an earlier request that the findings and punishment set forth in the DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)), dated 17 February 2009, be set aside, the document removed from his official military personnel file (OMPF), his rank be reinstated, and remittance of the pay he forfeited as a result of the nonjudicial punishment. He further states he concurrently provided logistical support...
ARMY | BCMR | CY2009 | 20090013323
The applicant, the former spouse of the deceased former service member (FSM), requests correction of the FSM's military records to show that he had elected former spouse Survivor Benefit Plan (SBP) coverage. The applicant further requests to receive an SBP annuity based on the FSM's SBP election. Counsel requests that the applicant receive an SBP annuity.
ARMY | BCMR | CY2009 | 20090013324
The available evidence of record shows the applicant enlisted in the Regular Army for the U.S. Army Officer/Warrant Officer Enlistment Program on 19 July 2006. Since OCS was one of the applicant's enlistment options, he was given the opportunity to request discharge due to defective enlistment. The applicant has provided documents to show that the VA has provided the appropriate medical treatment and compensation to the applicant.
ARMY | BCMR | CY2009 | 20090013325
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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 24 of his DD Form 214 by deleting the current Purple Heart and Vietnam Service Medal entries and replacing...
ARMY | BCMR | CY2009 | 20090013327
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 AR20090000263, on 19 May 2009. There is no evidence showing he was ever awarded an infantry MOS. Therefore, there is insufficient evidence to support adding the Combat Infantryman Badge to the applicant's DD Form 214.
ARMY | BCMR | CY2009 | 20090013329
Senator, the U.S. Army Reserve Command (USARC) and the DA G-1 have denied his request for payment, citing that he was not eligible for the bonus at the time of his commissioning. The Deputy Director informed the Senator that the applicant was not eligible for the Officer Accession Bonus due to the fact that his AOC of 35D was not on the Selected Reserve Incentive Program (SRIP) eligibility roster at the time he signed his enlistment contract. The Deputy Director informed the Senator that...
ARMY | BCMR | CY2009 | 20090013330
Application for correction of military records (with supporting documents provided, if any). The regulation in effect at the time provided, in pertinent part, that the PMOS code number and title would be entered in item 23a on the DD Form 214. ____________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 | 20090013331
The applicant states that his DD Form 214 incorrectly reflects that he served in Iraq from 24 January 2005 to 20 March 2005 when he actually served from 25 January 2005 to 20 June 2005. Accordingly, his record should be corrected to reflect that he served in Iraq from 25 January 2005 to 22 June 2005. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.
ARMY | BCMR | CY2009 | 20090013333
IN THE CASE OF: BOARD DATE: 14 January 2010 DOCKET NUMBER: AR20090013333 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that item 26 (Separation Code) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 12 June 2009 be changed from "KBK" to "KGM." The evidence of record shows the applicant was honorably discharged from active duty in the USAR Active Guard Reserve Program on 12 June 2009 for completion of required active...
ARMY | BCMR | CY2009 | 20090013335
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. On 21 March 1955, the applicant's immediate commander requested a board of officers be convened under the provisions of Army Regulation 615-368 (Enlisted Men - Discharge -...
ARMY | BCMR | CY2009 | 20090013336
The advisory official recommended the applicant's promotion date and DOR be adjusted to 28 July 2009 (the date he completed the Officer Basic Course) and that he receive any back pay and allowances as a result of the adjustment. National Guard Regulation 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions) states during the 36 months they are allowed to completed their bachelor's degree, ECP second lieutenants may be promoted to first lieutenant without first...
ARMY | BCMR | CY2009 | 20090013337
Army Regulation 600-8-22 states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The evidence of record shows the applicant was awarded the Vietnam Service Medal. General orders awarded the applicant's unit of assignment, the 189th Aviation Company, the Presidential Unit Citation for extraordinary heroism from 29 October 1967 to 30 November 1967...
ARMY | BCMR | CY2009 | 20090013339
The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show the Good Conduct Medal, the Bronze Star Medal, the Air Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Expert Marksmanship Qualification Badge with Automatic Rifle Bar, and the Combat Infantryman Badge. The applicant's DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal...
ARMY | BCMR | CY2009 | 20090013340
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 Air Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, any firearms qualification badges, and all other decorations, medals or badges that he may be authorized. The applicant provides, in support of his application, copies of his two DD Forms 214, a citation and certificate for...
ARMY | BCMR | CY2009 | 20090013341
The applicant provided an original copy of General Orders Number 80, dated 4 March 1968, published by the 71st Evacuation Hospital, which show he was awarded the Purple Heart (Second Award) for wounds sustained on 3 March 1968. Although the evacuation hospital published orders for the second award of the Purple Heart, the applicants DA Form 20 and the Vietnam casualty roster indicate the applicant was wounded only once, on 3 March 1968 in Vietnam. Therefore based on the preponderance of...
ARMY | BCMR | CY2009 | 20090013345
Application for correction of military records (with supporting documents provided, if any). It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or...
ARMY | BCMR | CY2009 | 20090013347
The applicant requests upgrade of his undesirable discharge to either a general under honorable conditions discharge or an honorable discharge. On 24 March 1970, the applicant was discharged for the purpose of immediate reenlistment with an honorable characterization of the 2 years and 29 days of service he had completed at the time. There is no evidence in the available record that indicates the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within...
ARMY | BCMR | CY2009 | 20090013351
The applicant states, in effect, that his DD Form 214 should reflect a second award of the PH and he was never awarded the PH 1st Oak Leaf Cluster (2nd Award) as he should have been. Item 40 (Wounds) of his DA Form 20 contains one entry showing he was wounded in action in the RVN on 28 April 1968, when he received a fragment wound to his left leg. However, there are no record entries or orders confirming the applicant was wounded in action a second time, or that he was ever recommended for...
ARMY | BCMR | CY2009 | 20090013357
The applicant requests, in effect, corrections of Item 5 (Date of Birth) and Item 16 (High School Graduate or Equivalent) on his DD Form 214 (Certificate of Release or Discharge from Active Duty). He was issued a DD Form 214 that shows in Item 5, his year of birth as 1956. _______ _ 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 | 20090013358
Application for correction of military records (with supporting documents provided, if any). On 13 August 2004, the Army Discharge Review Board (ADRB) denied the applicant's request for a discharge upgrade. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.
ARMY | BCMR | CY2009 | 20090013359
Public Law 95-397, the RCSBP, enacted 30 September 1978, provided a way for those who had qualified for reserve retirement but were not yet age 60 to provide an annuity for their survivors should they die before reaching age 60. The evidence available to the Board indicates the FSM annotated on his October 1993 DD Form 1883 that he was not married at the time he elected to provide an annuity to his dependent son. There is no evidence, and the applicant has not provided any, that the FSM...
ARMY | BCMR | CY2009 | 20090013360
On 10 December 1964, the applicant was discharged under the provisions of Army Regulation 635-208, due to unfitness, with an undesirable discharge. 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. 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 | 20090013362
Application for correction of military records (with supporting documents provided, if any). There is no evidence the applicant applied for a discharge upgrade to the Army Discharge Review Board 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 under honorable conditions.
ARMY | BCMR | CY2009 | 20090013365
The applicant requests that her physical evaluation board (PEB) findings be corrected to show she was found unfit under the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) codes 5289 and 5288, that her disability rating be corrected to show 50 percent, and that she be medically retired due to her increased disability rating. She was rated under the VASRD and given a 10-percent disability rating for codes 5299-5295. Records provided by the VA indicate the applicant...
ARMY | BCMR | CY2009 | 20090013366
Application for correction of military records (with supporting documents provided, if any). On 20 June 1984, the unit commander notified the applicant that he intended to initiate action to separate the applicant under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 13, by reason of unsatisfactory performance. On 26 June 1984, the separation authority approved the applicant's discharge under the provisions of Army Regulation 635-200, chapter...
ARMY | BCMR | CY2009 | 20090013367
The evidence of record further shows that on 31 July 2007 the applicant was issued a permanent profile for a ruptured globe in the right eye. The evidence of record shows the only reference to the applicant appearing before a medical board occurred in February 2007, but the permanent profile he received in July 2007 concerning the same issue indicated that no medical board was needed. The evidence further shows that the applicant continued to perform his military duties until he was...
ARMY | BCMR | CY2009 | 20090013369
On 31 July 1972, the separation authority approved the applicants request for discharge and directed that he be furnished an undesirable discharge. His DD Form 214 also shows he served in Vietnam from 12 November 1971 through 23 August 1972 and that he had 79 days of lost time. The applicants record of service included three nonjudicial punishments, a bar to reenlistment, and 79 days of lost time.
ARMY | BCMR | CY2009 | 20090013372
The applicant provided no medical records and there are no medical records available for the Board to review. However, there is no evidence and the applicant has not provided any that indicates he had a medically unfitting disability that was incurred or aggravated while he was entitled to basic pay which required physical disability processing at the time of separation. Consequently, the applicant's medical condition, although not considered medically unfitting for military service at the...
ARMY | BCMR | CY2009 | 20090013374
The applicant, as the father of a deceased former service member (FSM), requests, in effect, that his son's DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the Combat Action Ribbon, three awards of the Army Achievement Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with Grenade Bar, the Korean Service Medal, the Overseas Service Ribbon, and the Driver and Mechanic Badge with Driver-T...
ARMY | BCMR | CY2009 | 20090013377
On 10 January 2008, the applicant acknowledged the proposed separation action under Army Regulation 635-22, chapter 14-12c for commission of a serious offense. He waived the requirement for a rehabilitative transfer and directed the applicant receive a general discharge under honorable conditions. On 22 January 2008, the applicant was discharged accordingly.
ARMY | BCMR | CY2009 | 20090013381
On 18 July 1989, the unit commander initiated action to discharge the applicant under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 14-12c, for commission of serious offenses for DUI violations on 20 March 1988 and 6 May 1989. At a mental status evaluation his behavior was normal. However, the separation authority may direct a general discharge if such is merited by the Soldier's overall record.
ARMY | BCMR | CY2009 | 20090013382
The applicant was psychiatrically cleared for separation from the service under the provisions of Army Regulation 635-208 (Personnel Separations - Discharge - Unfitness). There is no evidence of record which shows the applicant applied to the Army Discharge Review Board within its 15-year statute of limitations. The applicant's service record shows he received three Article 15's, two special courts-martial, and one summary court-martial.
ARMY | BCMR | CY2009 | 20090013392
Application for correction of military records (with supporting documents provided, if any). Acceptance of the NATO Medal has been approved for U.S. military personnel who serve under NATO command or operational control in direct support of NATO operations in the former Republic of Yugoslavia from 1 July 1992 through a date to be determined. The available records do not contain any documentation showing the applicant was awarded the Army Achievement Medal or that he had served in a...
ARMY | BCMR | CY2009 | 20090013393
Application for correction of military records (with supporting documents provided, if any). This document does not show that the 272d Military Police Company was cited for the award of the Presidential Unit Citation. Although evidence verifies that the applicant was assigned to the 272d Military Police Company, there is no evidence that the company was awarded the Presidential Unit Citation.
ARMY | BCMR | CY2009 | 20090013394
On 11 December 1973, the applicants commander initiated a recommendation to separate him from the service under the provisions of Army Regulation 635-200, paragraph 13-5(a)1, for unfitness. On 20 June 1979, the Army Discharge Review Board denied the applicant's request for an upgrade of his discharge. The applicant's contention that he did not receive counseling or rehabilitation because of racial prejudices is not supported by the available evidence.
ARMY | BCMR | CY2009 | 20090013395
On 15 March 1988, the Clinical Director of the Community Counseling Center issued a Summary of Rehabilitative Efforts Report to the applicant's immediate commander which stated that the rehabilitation team met on 14 March 1988 and it was determined the applicant had not complied with the requirements of his treatment plan as outlined as he had been involved in a subsequent alcoholrelated incident on 6 March 1988. The applicant was accordingly discharged on 30 March 1988. He had completed...
ARMY | BCMR | CY2009 | 20090013397
The applicant requests that his undesirable discharge be upgraded to a general discharge. 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. He was transferred to Fort Chaffee, Arkansas on 19 March 1962 to continue his AIT and on 26 April 1962, he was convicted by a summary court-martial of...
ARMY | BCMR | CY2009 | 20090013398
The applicant's DD Form 214 shows he was discharged on 24 April 1970 in accordance with the provisions of Army Regulation 635-200, chapter 10, for the good of the service and his service was characterized as under other than honorable conditions. Considering that the applicant had demonstrated the capacity for honorable service by the completion of training, advancement to pay grade E-3 in less than 7 months of active service, completion of 8 months of honorable service prior to being...
ARMY | BCMR | CY2009 | 20090013399
Application for correction of military records (with supporting documents provided, if any). It states, in pertinent part, that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record. Further, there are no orders or other documents on file in his record...
ARMY | BCMR | CY2009 | 20090013400
Army Regulation 635-5-1 (SPD Codes) provides the specific authorities and reasons for separating Soldiers from active duty, and the SPD Codes to be entered on the DD Form 214. The SPD Code of JFV was the appropriate code for the applicant based upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of AR 635-200, paragraph 5-17, for a condition that is not a disability. The available evidence clearly shows the applicant was awarded the Army...
ARMY | BCMR | CY2009 | 20090013401
The applicable regulation, in effect at the time, provided that the DD Form 214 would show the Soldier's rank and pay grade as they were at the time of separation. There is no evidence in the applicants records and the applicant did not provide any substantiating evidence that shows he was advanced to SPC/E-4 prior to his temporary disability retirement. Since advancement/promotion of enlisted personnel were announced in DA Forms 4187 (Personnel Action) in effect at the time, in the...
ARMY | BCMR | CY2009 | 20090013402
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his discharge be upgraded from under other than honorable conditions to an honorable discharge. A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter.
ARMY | BCMR | CY2009 | 20090013403
He also requests correction of item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) to show his duty military occupational specialty (MOS) as an automatic weapons specialist, infantry MOS. The applicant served a period of qualifying service in Vietnam for two overseas service bars. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 by adding two bronze service stars for...