ARMY | BCMR | CY2009 | 20090014208
Item 77 shows the examining physician indicated the applicant qualified for "void induction UP paragraph 5-9.1, Army Regulation 635-200." In response to a Congressional inquiry on behalf of the applicant by his mother, a physical examination of the applicant was completed: a. records show the applicant had a medical evaluation on 27 September 1968 and on 9 October 1968 (on both occasions) his medical condition that existed prior to service was identified by the examining physician as...
ARMY | BCMR | CY2009 | 20090014209
BOARD DATE: February 17, 2010 DOCKET NUMBER: AR20090014209 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. On 2 April 1981, the separation authority approved the applicant's voluntary request for discharge and directed that he be furnished an under other than honorable conditions discharge. However, his record of service included one nonjudicial punishment, one summary court-martial conviction, and 319 days of lost time.
ARMY | BCMR | CY2009 | 20090014210
The applicant requests, in effect, amendment of his unit's deployment orders and payment of retroactive entitlements associated with Involuntary Assignment Incentive Pay (AIP). The applicant's contentions that his records should be amended to show the involuntary extension of his unit's deployment in Iraq required him to serve beyond the 365 days BOG requirement in order to be eligible for receipt of Involuntary AIP and that he should be paid retroactive entitlements associated with...
ARMY | BCMR | CY2009 | 20090014212
Headquarters, U.S. Army Field Artillery Center, Fort Sill, OK, Orders 020-301, dated 20 January 2004, deployed the applicant's unit and its members to the Central Command (CENTCOM) area of responsibility (AOR) in Iraq in support of Operation Iraqi Freedom on 25 January 2004 for a period of 356 days with possible extension not to exceed 540 days. The applicant's contentions that his records should be amended to show the involuntary extension of his unit's deployment in Iraq required him to...
ARMY | BCMR | CY2009 | 20090014213
He recommended his separation under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 13, by reason of character and behavior disorder. On 1 August 1974, the applicants immediate commander notified the applicant that he was being recommended for separation from the Army under the provisions of Army Regulation 635-200, chapter 13 for unsuitability due to character and behavior disorder. The discharge proceedings were conducted in accordance...
ARMY | BCMR | CY2009 | 20090014216
The applicant states that he received his 20-year letter and was discharged from the United States Army Reserve (USAR) but was never transferred to the Retired Reserve, which is what he wanted to do. Inasmuch as the applicant meets eligibility requirements for assignment to the Retired Reserve, it would be equitable and just to correct his military records by voiding his discharge of 26 October 2007 and assigning him to the Retired Reserve effective the same date. As a result, the Board...
ARMY | BCMR | CY2009 | 20090014217
The applicant requests that his undesirable discharge (UD) be upgraded to an honorable discharge. The applicant's military records show he enlisted in the Regular Army in pay grade E-1 on 29 February 1968 for 2 years. The applicant was discharged from active duty in pay grade E-1 on 17 October 1973 under the provisions of Army Regulation 635-200, chapter 13, and issued a UD Certificate.
ARMY | BCMR | CY2009 | 20090014220
The applicant requests correction of his record as provided by counsel. COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. The summary transcript of the HIH proceeding shows that while reading the HIH's finding, the board president stated the allegation against the applicant is supported by "substantial evidence."
ARMY | BCMR | CY2009 | 20090014226
However, on 3 June 1971, the applicant was discharged under the provisions of Army Regulation 635-212 (Personnel Separations), for unfitness, and issued a DD Form 258A (Undesirable Discharge Certificate). Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel: a. 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 | 20090014227
The applicant requests, in effect, that the military records of her deceased spouse, a former service member (FSM), be corrected to show he enrolled in the Survivor Benefit Plan (SBP) for spouse coverage and that she be paid the SBP annuity. The FSM was retired from active service and placed on the retired list on 1 January 1976. There is no evidence the FSM attempted to enroll in the SBP during an open season.
ARMY | BCMR | CY2009 | 20090014231
The applicant states there was an administrative error in the assignment of his RE code. Pertinent Army regulations provide 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. Army Regulation 635-5-1 states the correct SPD code for failure to meet body fat standards was "JFV."
ARMY | BCMR | CY2009 | 20090014233
The applicant states that the FSM should be awarded the Purple Heart for an injury he suffered during war service and the subsequent deformity of his leg. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Notwithstanding the applicant's sincerity, in the absence of additional documentation that conclusively shows the FSM was wounded or injured as a...
ARMY | BCMR | CY2009 | 20090014235
Application for correction of military records (with supporting documents provided, if any). On 29 January 1979, the separation authority approved the applicant's request for discharge and directed that he issued a UOTHC discharge. There is no evidence showing the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations.
ARMY | BCMR | CY2009 | 20090014236
On 12 August 1988, the separation authority approved the recommendation for discharge (misconduct - abuse of illegal drugs) and directed the issuance of a general discharge. However, the separation authority could direct a general discharge if such was merited by the member's overall record. ___________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 | 20090014240
On 9 February 1989, the applicants commander recommended separation from the service under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 14, for a pattern of misconduct consisting of being disrespectful toward superior noncommissioned officers, being drunk while driving, and being AWOL. On 3 March 1989, the appropriate authority approved the recommendation for discharge and directed that the applicant be issued a discharge under other than honorable conditions....
ARMY | BCMR | CY2009 | 20090014242
The applicant, as the daughter of a deceased former service member (FSM), requests correction of her late father's WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Purple Heart and the Prisoner of War (POW) Medal. The FSM's WD AGO Form 100 states, in pertinent part, that he was held as a POW by Germany from 1 January 1945 to 12 May 1945. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2009 | 20090014250
The applicant states that on 30 April 2008, the Army Board for Correction of Military Records (ABCMR) corrected his DOR to captain (CPT) from 25 June 1998 to 25 June 1997. ABCMR Docket Number AR20080000528, dated 29 April 2008, approved the applicant's request to adjust his DOR to CPT from 25 June 1998 to 9 June 1997, thereby making him eligible for promotion consideration to MAJ one year earlier. Therefore, in the interest of equity and justice, it would be appropriate to adjust the...
ARMY | BCMR | CY2009 | 20090014261
The applicant requests, in effect, that her 6 November 2008 discharge orders from the U.S. Army Reserve (USAR) Control Group (Reinforcement) to the Standby Reserve (Inactive List) for failure to submit an AHRC Form 4145 (Election of Options- Military Service Obligation (MSO)) be voided. On 17 November 2008, the applicant completed her AHRC Form 4145 election statement. The evidence of record shows that USAHRC-St. Louis officials mailed the applicant an AHRC Form 4145 election statement on...
ARMY | BCMR | CY2009 | 20090014262
The applicant's military personnel records do not contain any orders or other evidence showing award of the Combat Infantryman Badge. The applicant contends that his records should be corrected to show award of the Combat Infantryman Badge because he served as an infantryman in MOS 11B while assigned to Company A, 1st Battalion, 14th Infantry, and in the LRRP, 3rd Brigade, 4th Infantry Division; he actively participated in combat; and he engaged the enemy while serving in the RVN. Despite...
ARMY | BCMR | CY2009 | 20090014263
Application for correction of military records (with supporting documents provided, if any). On 6 April 1979, the applicant was discharged accordingly. _______ _ 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 | 20090014265
On 18 March 1992, the unit commander notified the applicant of separation action under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 14-12c, for misconduct(commission of a serious offense). However, the evidence of record shows that prior to the applicant's separation in April 1992, competent medical authority determined that he was then medically qualified for separation with a physical profile of 1(T)31111. After review of the evidence of this case, it is...
ARMY | BCMR | CY2009 | 20090014268
The applicant's DA Form 24 (Service Record) also lists his name as it is listed on the DD Form 47 in the identification data in the heading of the record. All official documents and orders in the applicant's official military personnel file (OMPF) list the same first and middle names as they are recorded on his DD Form 47 and DA Form 24. This Record of Proceedings along with the application and supporting documents will be filed in his military record.
ARMY | BCMR | CY2009 | 20090014272
The applicant requests, in two applications, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to change his pay grade from E-1 to E-3 and to change his uncharacterized service to honorable. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. ...
ARMY | BCMR | CY2009 | 20090014274
On 12 November 1991, the unit commander recommended that the applicant be separated from the service under the provisions of Army Regulation 635-200, chapter 14 by reason of commission of a serious offense with the issuance of a general discharge, under honorable conditions. The regulation shows that the separation program designator JKQ as shown on the applicants DD Form 214 specifies the narrative reason for discharge as Misconduct-Commission of a Serious Offense and that the...
ARMY | BCMR | CY2009 | 20090014276
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant was discharged on 28 May 2009 under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 10, in lieu of trial by court-martial. 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.
ARMY | BCMR | CY2009 | 20090014277
Application for correction of military records (with supporting documents provided, if any). The record does not contain and the applicant has not provided any evidence that his discharge was coerced or he was "railroaded" into accepting this type of discharge. _________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 | 20090014280
The VA, however, is not required by law to determine medical unfitness for further military service. The evidence of record confirms that the PEB determined that only the applicant's discoid lupus erythematosus was unfitting and her disability rating was based on this condition alone. Although the MEB and PEB recognized the applicant suffered from other medical conditions, the PEB determined these conditions were not unfitting and therefore were not ratable.
ARMY | BCMR | CY2009 | 20090014281
Application for correction of military records (with supporting documents provided, if any). The applicant's DD Form 214 (Report of Separation from Active Duty) shows he was discharged on 15 August 1975 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-37, and his service characterized as under honorable conditions. On 29 January 1981, the Army Discharge Review Board (ADRB), after consideration of the applicant's military records and...
ARMY | BCMR | CY2009 | 20090014282
The FSMs military records are not available to the Board for review. The Form 7202 which shows the FSM was apparently a private when he died on 6 November 1918, the newspaper article provided by the applicant which states the FSM's wife received a telegram from the War Department informing her that the FSM had been killed in action on 6 November in France, and the photograph of the FSM's grave marker in France are accepted as sufficient evidence on which to base award of the Purple Heart. ...
ARMY | BCMR | CY2009 | 20090014287
On 14 October 1985, the applicants unit commander recommended that the applicant be separated from the Army under the provisions of Army Regulation 635-200, chapter 13 for unsatisfactory duty performance. There is no evidence in the available record that indicates the applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge within its 15-year statute of limitations. __________x_____________ CHAIRPERSON I certify that herein is recorded the true and...
ARMY | BCMR | CY2009 | 20090014288
On 16 June 1970, nonjudicial punishment was imposed against the applicant for violating a lawful general regulation and being drunk on duty. On 29 October 1970, the separation authority approved the recommendation for separation and directed that the applicant be furnished an undesirable discharge. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
ARMY | BCMR | CY2009 | 20090014292
The POW Medal is authorized for any person who, while serving in any capacity with the U.S. Armed Forces, was taken prisoner and held captive after 5 April 1917. The evidence of record shows the applicant was captured by enemy forces in Germany and held in POW status on 16 December 1944. The evidence of record shows the applicant was awarded several awards during his service in WWII which are neither listed on his WD AGO Form 53-55 or his final DD Form 214.
ARMY | BCMR | CY2009 | 20090014293
The applicant requests award of the Combat Action Badge (CAB) and the Army Good Conduct Medal. The applicant's official military personnel file does not contain any disciplinary action and there is no evidence that he was disqualified by his chain of command from receiving the first award of the Army Good Conduct Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the first award of the Army Good...
ARMY | BCMR | CY2009 | 20090014294
There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. One author stated the applicant was dedicated to the church, his family and his job. The evidence shows the applicant was age 23 years, and he had completed almost 3 years in the USMC at the time of his offenses.
ARMY | BCMR | CY2009 | 20090014295
Application for correction of military records (with supporting documents provided, if any). The applicant's DD Form 215 shows that he entered active duty on 6 July 1979. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his home of record as 1970 W. Melvina Street, Milwaukee, Wisconsin, and providing him with a correction to his DD Form 214.
ARMY | BCMR | CY2009 | 20090014297
Application for correction of military records (with supporting documents provided, if any). The applicant requests in effect, restoration of his promotion to private first class (PFC)/E-3. He requests his rank be restored to PFC/E-3 based on the 2006 upgrade of his discharge.
ARMY | BCMR | CY2009 | 20090014298
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his records be corrected to show he was a "Vietnam Era" veteran. Therefore, the applicant's award of the National Defense Service Medal reflects that he served during a portion of what is commonly referred to as the "Vietnam Era."
ARMY | BCMR | CY2009 | 20090014300
The applicant requests correction of his records to show he received a medical discharge instead of an under honorable conditions (general) discharge. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army PDES and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating. The DVA...
ARMY | BCMR | CY2009 | 20090014301
He also states he was convicted and served his time. 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. The applicants contentions were considered; however, he has failed to show through evidence submitted with his application or the evidence of record, that his discharge warrants an upgrade.
ARMY | BCMR | CY2009 | 20090014303
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he served two tours in Iraq and one tour in Korea for a total of 3 years of foreign service. The applicant states that his DD Form 214 incorrectly reflects that he served in Iran instead of Iraq, it omits one of his tours of duty in Iraq, and it does not reflect that he served 3 years of foreign service. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2009 | 20090014304
The applicant states, in effect, he does not believe the Army Discharge Review Board (ADRB) considered the Army Commendation Medal (ARCOM) or the personal problems he was experiencing at the time when it reviewed his discharge upgrade request. The applicant provides an award certificate that shows he was awarded the ARCOM for meritorious service in the RVN from June 1967 through May 1968 and a discharge review checklist that indicates individual awards and personal problems were identified...
ARMY | BCMR | CY2009 | 20090014305
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. There is no evidence in the available records to show that he ever applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge within that boards...
ARMY | BCMR | CY2009 | 20090014307
The Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined. The applicant contends that his DD Form 214 should be corrected to show his correct MOS and award of the Afghanistan Campaign Medal with a bronze service star. With respect to the Global War on Terrorism Expeditionary Medal and/or the...
ARMY | BCMR | CY2009 | 20090014308
On 21 October 1976, the unit's commander recommended that the applicant be discharged for unsuitability under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel). The evidence of records shows the applicant was diagnosed with an acute situational maladjustment disorder. The discharge proceedings were conducted in accordance with law and regulations applicable at the time and the character of the discharge is commensurate with the applicant's overall...
ARMY | BCMR | CY2009 | 20090014309
There is no evidence in his service personnel records to show he applied for a correction to the spelling of his first name while he served on 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. ABCMR Record of Proceedings (cont) AR20090014309 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings...
ARMY | BCMR | CY2009 | 20090014310
The applicant requests an upgrade of his general, under honorable conditions discharge to fully honorable and correction of his Reentry (RE) Code from RE-3 to a more favorable code. On 27 December 1989, the applicants 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 Enlisted Personnel), for misconduct - pattern of misconduct. The evidence of record...
ARMY | BCMR | CY2009 | 20090014315
The applicant requests correction of his records to show he was medically discharged from active duty. The document further shows the applicant's commander, MAJ W _ _ _ _ _ D J _ _ _ _ _ determined the applicant's injury was in the line of duty (LOD). The applicant provided an SF 600, dated 18 October 2005, that shows he was examined in Iraq for follow-up for low back pain.
ARMY | BCMR | CY2009 | 20090014316
The applicant requests, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show the rank/grade of staff sergeant (SSG)/E-6 instead of private first class (PFC)/E-3. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. However, although the sincerity of the applicant's contention that...
ARMY | BCMR | CY2009 | 20090014317
The applicant requests his DD Forms 214 (Report of Transfer or Discharge) be corrected to show a date of entry on active duty of 11 February 1961 and to show his height as 6 feet tall. A DD Form 4 (Enlistment Record - Armed Forces of the United States) shows the applicant enlisted in the Arkansas Army National Guard (ARARNG) on 27 February 1961 and listed his height as 69 inches (5 feet, 9 inches). As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2009 | 20090014320
This form also shows: a. With respect to his unit of assignment, the evidence of record shows he was assigned to the 630th Engineer Company in Vietnam within USARV. Although at the time of separation he was assigned to USAMEDDAC, Fort Gordon, GA, his DD Form 214 erroneously listed his last unit of assignment as USAREUR with the 137th Engineer Company.