ARMY | BCMR | CY2009 | 20090013947
Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned. While the original rules established that the Purple Heart would be awarded to individuals killed or wounded as a result of hostile action the amendment enabled the Secretaries of each department to award the Purple Heart to members of the armed forces who were killed or wounded in action by weapon fire, while directly engaged...
ARMY | BCMR | CY2009 | 20090013958
The applicant requests that his under other than honorable conditions (UOTHC) discharge be upgraded to a general discharge. The applicant states he was told by his military lawyer that if he signed for a UOTHC discharge, it would be upgraded in 6 months. Available records indicate: a.
ARMY | BCMR | CY2009 | 20090013961
The applicant requests his DD Form 214 (Report of Transfer or Discharge) be corrected to show entitlement to the Air Medal, the Good Conduct Medal, and the Republic of Vietnam Gallantry Cross with Bronze Star. The applicant's DA Form 20 (Enlisted Qualification Record) provides the following: a. service in Germany from 8 March 1969 through 12 September 1969 and in Vietnam from 26 October 1969 through 9 September 1970; b. assignment in Vietnam to B Troop, 2nd Squadron, 1st Cavalry Regiment...
ARMY | BCMR | CY2009 | 20090013963
Counsel states that the applicant had served for a period of 166 days and she was discharged in an entry-level status with her service uncharacterized. Counsel states that Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), paragraph 3-9 (Uncharacterized Separations), provides that an uncharacterized description of service is required for Soldiers who are in an entry-level status unless Headquarters, Department of the Army determines otherwise....
ARMY | BCMR | CY2009 | 20090013965
The applicant provides copies of the FSM's 22 July 2007 death certificate; a DD Form 1883 (Survivor Benefit Plan Election Certificate), dated 3 December 1987; ARPC Form 4001 (Important Information Concerning Your Retired Pay Application); their 18 June 1976 marriage certificate; their 16 July 1998 divorce decree; an undated letter from the Casualty Department of Retired Pay Operations; a handwritten letter from the applicant, dated 28 April 2008; a 30 April 2009 letter from a U.S. Public...
ARMY | BCMR | CY2009 | 20090013966
A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter. The Manual for Courts-Martial Table of Maximum Punishments provides that a punitive discharge is authorized for missing movement, possessing and/or using illegal drugs, willful disobedience and breaking restriction. _______ _ 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 | 20090013971
The applicant requests correction of the records of her deceased husband, a former service member (FSM), to show that he made a timely election to participate in the Reserve Component Survivor Benefit Plan (RCSBP) for spouse coverage. 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. Three options are available:...
ARMY | BCMR | CY2009 | 20090013973
The applicant requests upgrade of the character of service of his general under honorable conditions discharge to an honorable discharge. The applicant contends his general under honorable conditions discharge should be upgraded to an honorable discharge because he was young and foolish; he believed that his discharge would be automatically changed to an honorable discharge six months after his separation from the Army; and he would like to qualify for government benefits. In addition,...
ARMY | BCMR | CY2009 | 20090013976
The applicant requests he be medically retired from active duty. By his own admission, the applicant lived with HIV for some 19 years; his DVA records show he tested positive for HIV in the 1980's during a period of inactive duty service. Army Regulation 635-40 governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability.
ARMY | BCMR | CY2009 | 20090013979
The applicant's military record is not available to the Board. It further states in order to support award of the PH, there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by medical personnel, and a record of the medical treatment must have been made a matter of official record. Although the applicant provides a medical history form indicating he had shrapnel he received during WWI removed in 1949 and he...
ARMY | BCMR | CY2009 | 20090013982
The applicants request for his DD Form 214 to be corrected to show award of the Meritorious Service Medal was considered. The evidence of record shows the applicant held MOS 19Z from the time he was promoted to pay grade E-8 on 18 July 1981 until he retired from active duty on 31 March 1992. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Bronze Star Medal from his DD Form 214 and replacing it with the...
ARMY | BCMR | CY2009 | 20090013984
IN THE CASE OF: BOARD DATE: 11 March 2010 DOCKET NUMBER: AR20090013984 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant's service records and his DD Form 214 show award of the ARCOM for meritorious service; there is no evidence he was awarded an ARCOM for valor. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 the Driver and Mechanic Badge with Mechanic Bar, the Expert Marksmanship...
ARMY | BCMR | CY2009 | 20090013986
The applicant requests award of the Combat Infantryman Badge (CIB) and that his DD Form 214 (Report of Separation or Discharge from Active Duty) be corrected to show that he was a specialist (SPC/E-4) or a sergeant (SGT/E-5). There is no evidence nor did the applicant submit any evidence that shows he held an infantry MOS during any of his assignments in the RVN. The evidence of record shows that at the time of his separation on 15 October 1975, the applicant held the rank/grade of PFC/E-3.
ARMY | BCMR | CY2009 | 20090013987
There are no orders or other evidence authorizing award of these decorations to the applicant. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows that the applicant was awarded the National Defense Service Medal, ARCOM with first oak leaf cluster, Combat Infantryman Badge, Purple Heart, Air Medal, Vietnam Service Medal (VSM) with one bronze service star, and the RVN Campaign Medal with Device (1960). As a result, the Board...
ARMY | BCMR | CY2009 | 20090013988
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 AR20080015326 on 4 December 2008. On 5 March 1969, he was wounded and, on 6 March 1969, he was awarded the Purple Heart by the hospital commander. The original Record of Proceedings stated while the applicant would have been entitled to a Purple Heart with OLC if he was wounded twice...
ARMY | BCMR | CY2009 | 20090013989
The applicant requests reconsideration of his previous request for: * Removal of an Officer Evaluation Report (OER) for the period 1 July through 18 November 2005 from his Official Military Personnel File (OMPF) * Reinstatement on active duty * Promotion reconsideration to major by a special selection board (SSB) * Placement with his peers 2. Camp Red Cloud commander was Lieutenant Colonel (LTC) H____, and he was the HHC commander * He was suspended from his command by LTC H____ on 20...
ARMY | BCMR | CY2009 | 20090013990
The applicant requests award of the National Defense Service Medal and the Army of Occupation Medal with Germany Clasp. The applicants military records are not available to the Board for review. The Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.
ARMY | BCMR | CY2009 | 20090013994
Application for correction of military records (with supporting documents provided, if any). The applicant's DA Form 20 and MOS orders in his record confirms he was trained in and awarded MOS 70A upon completion of AIT at Fort Dix, in August 1969. In this case, there is no evidence supporting a conclusion a formal hearing is necessary to satisfy the interest of justice.
ARMY | BCMR | CY2009 | 20090013998
Based on the information provided, the applicants issue of a certificate for his Combat Infantryman Badge will not be discussed further in this proceeding. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him...
ARMY | BCMR | CY2009 | 20090013999
The applicants DA Form 2-1 (Personnel Qualification Record - Part II) shows he served in Korea from 21 April 1976 to 18 January 1977. DISCUSSION AND CONCLUSIONS: The applicant's service personnel records confirm he served in Korea from 21 April 1976 to 18 January 1977 which qualifies him for award of the Korea Defense Service Medal. __________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 | 20090014000
IN THE CASE OF: BOARD DATE: 26 January 2010 DOCKET NUMBER: AR20090014000 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. On 13 November 1970, nonjudicial punishment (NJP) was imposed against him for being AWOL from 9 November to 13 November 1970. There is no evidence in the available records to show the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that boards 15-year statute of limitations.
ARMY | BCMR | CY2009 | 20090014001
Application for correction of military records (with supporting documents provided, if any). The applicant states, in effect, that he did not fraudulently enter the Army and that his record should be corrected accordingly. On 26 September 1974, the applicant received notification from his commander that separation action was being initiated against him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 5, paragraph 5-38, for concealment of...
ARMY | BCMR | CY2009 | 20090014002
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) states that the KDSM 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. Due to the extensive time period for KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.
ARMY | BCMR | CY2009 | 20090014003
On 25 July 1961, the separation authority approved the findings and directed that the applicant be discharged with a general, under honorable conditions discharge. However, on 3 August 1961, a request for discharge under the provisions of Army Regulation 635-206 (Personnel Separations-Discharge-Misconduct (Fraudulent Entry, Conviction by Civil Court, AWOL, Desertion) was initiated based on concealment of prior service. Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted...
ARMY | BCMR | CY2009 | 20090014005
There are no orders in the applicant's records that show he was awarded the CIB. Army Regulation 600-8-22 (Military Awards) provides for award of the CIB. During the Vietnam era, the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.
ARMY | BCMR | CY2009 | 20090014014
There are no orders in the applicant's military personnel records awarding him the Purple Heart. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. __________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 | 20090014017
A DARP Form 249-E dated 16 December 2009, shows that the applicant did not earn sufficient retirement points after his transfer from his troop program unit to qualify any year for retired pay. While the applicant states that nobody told him that he needed to earn 50 retirement points a year, it is inconceivable that a sergeant first class who had been assigned to a troop program unit for 9 years was not aware that he had to earn 50 retirement points a year. It is also noted that the...
ARMY | BCMR | CY2009 | 20090014019
The applicant requests that his bad conduct discharge be upgraded to honorable. Accordingly, the applicant was discharged on 14 May 1973, under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 11-2, with a bad conduct discharge. 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 | 20090014022
On 19 July 1971, the applicant consulted with legal counsel and he was advised of the basis for the contemplated trial by court-martial for an offense punishable by a bad conduct discharge or a discharge under other than honorable conditions; the maximum permissible punishment authorized under the UCMJ; the possible effects of a request for discharge; and of the procedures and rights that were available to him. In his request for discharge, the applicant acknowledged he understood that if...
ARMY | BCMR | CY2009 | 20090014023
The applicant requests that the reason for his discharge under other than honorable conditions be changed to physical disability. 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. ____________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 | 20090014024
Application for correction of military records (with supporting documents provided, if any). Therefore, in the interest of equity and justice it would be appropriate to correct the applicants records to show that he is entitled to the award of the AGCM (8th Award) for the period 15 June 1993 to 14 June 1996. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the award of the AGCM (8th Award) for the period 15...
ARMY | BCMR | CY2009 | 20090014025
On 25 October 1984, the applicant's commander notified the applicant of his intension to separate him from the service under the provisions of Army Regulation 635-200, paragraph 13-2 for unsatisfactory performance. On 26 October 1984, the applicants commander initiated a recommendation to separate him from the service under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance. There is no evidence that the applicant applied to the Army Discharge Review...
ARMY | BCMR | CY2009 | 20090014026
The applicant requests, in effect, upgrade of his dishonorable discharge to a general, under honorable conditions discharge. The applicant does not provide any additional evidence in support of his application. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2009 | 20090014028
On 17 June 1971, the convening authority preferred court-martial charges against him for one specification of being AWOL from on or about 2 September 1970 to on or about 10 June 1971. In his request for discharge, the applicant acknowledged that he understood that if the discharge request was approved, he could be discharged under other than honorable conditions and furnished an Undesirable Discharge Certificate. His DD Form 214 shows he was discharged for the good of the service in lieu...
ARMY | BCMR | CY2009 | 20090014029
However, his records contain a copy of a memorandum issued by an assistant adjutant general, U.S. Army Engineer Center Brigade, Fort Belvoir, VA, on 12 July 1968 which shows the commanding general had approved the applicant's separation from the service with an Undesirable Discharge Certificate under the provisions of paragraph 45b of Army Regulation 635-206 (Personnel Separations - Discharge - Misconduct). The applicant's records also contain a properly-constituted DD Form 214 that shows...
ARMY | BCMR | CY2009 | 20090014030
Application for correction of military records (with supporting documents provided, if any). On 21 November 1976, the applicant's commander notified the applicant that he was initiating action to discharge him from the U.S. Army under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 13 (Unfitness/Unsuitability), paragraph 13-5b(2), based on unsuitability. ____________x____________ CHAIRPERSON I certify that herein is recorded the true and...
ARMY | BCMR | CY2009 | 20090014034
Application for correction of military records (with supporting documents provided, if any). On 21 November 1990, he extended his enlistment for a period of 9 months to complete the service remaining requirements for assignment to Germany. The applicant has not provided any evidence and the record does not contain any evidence or establish a basis for changing the reason or authority for the applicants discharge.
ARMY | BCMR | CY2009 | 20090014035
The applicant requests, in effect, correction of Item 12c (Net Service This Period) and Item 12e (Total Prior Inactive Service) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 June 2009. The statement also shows she served continuously in the USAR not on active duty from 24 June 1982 to 3 June 2005, a period of 22 years, 11 months, and 11 days. The evidence shows the applicant enlisted in the USAR, not on active duty, on 24 June 1982 and...
ARMY | BCMR | CY2009 | 20090014039
However, the record does include a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 22 March 1973, which shows the applicant was discharged under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations), for the good of the service in lieu of trial by court-martial. The applicant's DD Form 214 also shows he was discharged on 22 March 1973 and received a UD after completing a total of 1 year and 5 months of creditable active military...
ARMY | BCMR | CY2009 | 20090014043
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 (CIB). There are no orders in the applicant's reconstructed records that show he was awarded the CIB. In the absence of evidence that the applicant held an infantry MOS and was an active participant in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman...
ARMY | BCMR | CY2009 | 20090014048
On 6 July 1977, the Army Discharge Review Board (ADRB) considered his request under the SDRP and directed his discharge under other than honorable conditions be upgraded to an honorable discharge, effective 24 March 1977. The Board has been advised in similar cases that the VA often requires validation of affirmation of SDRP upgrades by the military service correction boards in order to entitle the service member to VA benefits. However, by regulation, an applicant is not entitled to a...
ARMY | BCMR | CY2009 | 20090014049
The immediate commander stated that it would be good for the service if he were discharged. He stated that it would be in the best interest of the Army to separate the applicant. The applicant describes his knee injury and subsequent treatments and/or surgery but does not provide any evidence that shows he had a medical condition at the time of separation that required separation processing through medical channels.
ARMY | BCMR | CY2009 | 20090014051
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show the Korea Defense Service Medal (KDSM). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the KDSM to his DD Form 214.
ARMY | BCMR | CY2009 | 20090014052
The FSM's military service records are not available to the Board for review. There is no evidence in the available military service records that shows the FSM was awarded the Purple Heart. There is no evidence in the FSM's available military service records that shows he was wounded while in action or as a result of enemy action.
ARMY | BCMR | CY2009 | 20090014059
Application for correction of military records (with supporting documents provided, if any). This document confirms the applicant's request for discharge under the provisions of chapter 10, Army Regulation 635-200, in lieu of trial by court-martial was approved and that the separation authority directed that the applicant be reduced to PV1/E-1 in accordance with paragraph 8-11, Army Regulation 600-200 and issued an UOTHC discharge. It shows the applicant was discharged, in the rank of...
ARMY | BCMR | CY2009 | 20090014062
The applicant's DD Form 4/1, which he initialed, states that his 3-year active duty enlistment counts towards fulfillment of his military service obligation. The applicant's DD Form 214 shows that he was discharged on 30 December 2008, under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 3, with a dishonorable discharge. The applicant's DD Form 4/1, which he initialed, states that his 3-year active duty...
ARMY | BCMR | CY2009 | 20090014065
The applicant requests that item 11 (Primary Specialty) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he served in military occupational specialty (MOS) 11B (Infantryman) for 5 years and 11 months and in MOS 42L (Administrative Specialist) for 4 years and 2 months; that item 14 (Military Education) be corrected to show he completed the 11-week Infantryman Course in March 1996, the 4-week Primary Leadership Development Course (PLDC) in...
ARMY | BCMR | CY2009 | 20090014067
Application for correction of military records (with supporting documents provided, if any). There is no evidence in the applicant's military personnel records that shows he was awarded the AFSM for his service in direct support of Hurricanes Katrina and Rita. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding to item 13 of his DD Form 214 the Armed Forces Service Medal and Expert Marksmanship Qualification Badge...
ARMY | BCMR | CY2009 | 20090014068
Application for correction of military records (with supporting documents provided, if any). His 22 March 1950 DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he was discharged as a sergeant (SGT) with a date of rank of 31 August 1948. In the absence of error or injustice, there is no basis to grant the applicants request to restore his fathers rank because the applicant believes his fathers reduction was a result of alcohol addiction.
ARMY | BCMR | CY2009 | 20090014070
Application for correction of military records (with supporting documents provided, if any). The applicant states he was assigned to the 180th Infantry Regiment and participated in combat duty for 11 months. There is no evidence showing the applicant was personally present and under hostile fire while serving in an assigned infantry military occupational specialty in a unit actively engaged in ground combat with the enemy.