ARMY | BCMR | CY2009 | 20090014325
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. The DFAS recommended that the applicant submit a request to the ABCMR to correct the error. _______ _ __x_____ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...
ARMY | BCMR | CY2009 | 20090014326
The applicant states that she was separated due to a personality disorder. The psychiatrist further stated that the applicant was stable and did not need psychiatric medications. The applicant has provided opinions from a psychiatrist and psychologist stating that she never had a personality disorder.
ARMY | BCMR | CY2009 | 20090014327
His DD Form 214 shows he enlisted in the Regular Army on 31 July 2003 and was awarded military occupational specialty 11B (infantryman). Although the applicant's records show he was awarded MOS 11B and served as an infantryman with the 75th Infantry in Afghanistan/Iraq, there is no evidence which shows he served during active ground combat and was personally "present under hostile fire. Therefore, there is insufficient evidence on which base correction of his DD Form 214 to show award of...
ARMY | BCMR | CY2009 | 20090014329
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Korea Defense Service Medal. Army Regulation 600-8-22 (Military Awards) 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. DISCUSSION AND CONCLUSIONS: The evidence of record shows that the applicant served in...
ARMY | BCMR | CY2009 | 20090014331
The applicant states that he received a gunshot wound in combat during World War II and his discharge document does not show he was wounded. The applicant's WD AGO Form 53-55 shows that he had no wounds recorded on his separation document nor has the applicant provided any medical evidence from his enlistment period that shows he sustained a gunshot wound to his right jaw. There is insufficient evidence to show the applicant sustained a wound as a result of hostile action.
ARMY | BCMR | CY2009 | 20090014333
The applicant states he was assigned an RE code of "3" for a preexisting medical condition of asthma but he does not have asthma and he has never had asthma. The applicant contends his RE code of "3" should be changed to an RE code of 1 because he was separated due to a preexisting medical condition of asthma; however, he does not have asthma and he has never had asthma. The EPSBD based its findings on the applicant's medical condition at the time and the applicant's statement that he used...
ARMY | BCMR | CY2009 | 20090014335
On 16 February 1973, the separation authority approved the recommendation for elimination for unfitness and directed the applicant's discharge under the provisions of Army Regulation 635-212 for unfitness with an under honorable conditions characterization of service. However, at the time of the applicant's separation, the regulation provided for the issuance of a general under honorable conditions or undesirable discharge. In fact, the mental health professional who conducted the mental...
ARMY | BCMR | CY2009 | 20090014336
The applicant requests, in effect, that his undesirable discharge be upgraded to a general under honorable conditions discharge. Records show the applicant accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice on 4 October 1969 for failing to go at the prescribed time to his appointed place of duty. Even though the applicant's records do not contain his discharge packet, the evidence indicates he was voluntarily discharged under the...
ARMY | BCMR | CY2009 | 20090014337
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, upgrade of his under other than honorable conditions (UOTHC) discharge to a general, under honorable conditions discharge (GD). However, the record does include a DD Form 214 that shows he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 14-33b(1), by reason of frequent involvement in incidents...
ARMY | BCMR | CY2009 | 20090014338
On 5 November 1971, the applicant's acting commander also recommended approval of the applicant's discharge under paragraph 27 of Army Regulation 635-206 with an Honorable Discharge Certificate for concealing information which without a waiver would have made her ineligible to enlist and that she did not disclose or request a waiver of the disqualifying information. When an individual was discharged for fraudulent entry in the Army, the appropriate separation program number was entered on...
ARMY | BCMR | CY2009 | 20090014339
IN THE CASE OF: BOARD DATE: 20 January 2010 DOCKET NUMBER: AR20090014339 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited. ...
ARMY | BCMR | CY2009 | 20090014340
The applicant requests correction of his military records to show that he was promoted to staff sergeant (SSG)/E-6, with a date of rank (DOR) and effective date of 18 January 2007. He also contends that the battalion command sergeant major did not allow his promotion packet to go before the November 2007 promotion board, thereby denying him consideration for promotion. A DA Form 4187 (Personnel Action), dated 15 November 2007, indicates that the applicant requested equivalent credit for...
ARMY | BCMR | CY2009 | 20090014342
On 29 January 1987 the applicant was notified by his unit commander that separation action was being initiated against him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 14-12c, with an honorable discharge. On 13 March 1987 the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 14-12c, by reason of misconduct drug abuse with an honorable discharge. The evidence of record shows the applicant was...
ARMY | BCMR | CY2009 | 20090014345
Application for correction of military records (with supporting documents provided, if any). The applicants military records are not available for review. On 22 March 1961, the applicant was discharged with a BCD accordingly.
ARMY | BCMR | CY2009 | 20090014347
The applicant requests, in effect, reconsideration of his previous application to correct his records to show he served in an active duty status during the period of 25 August 1965 through 28 September 1966 because he was exposed to Agent Orange. On 27 May 2009, the ABCMR denied the applicant's request to correct his DD Form 214 to show he had active military service from 25 August 1965 through 28 September 1966. The applicant contends that his records should be corrected to show he served...
ARMY | BCMR | CY2009 | 20090014348
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 31 October 1988 be corrected to reflect his service in Vietnam from 31 August 1969 to 30 August 1970 and his awards of the National Defense Service Medal (NDSM), the Army Good Conduct Medal (AGCM) (2d Award), the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal with Device (1960), the Army Commendation Medal (ARCOM) with one oak leaf cluster (OLC), the Bronze Star Medal...
ARMY | BCMR | CY2009 | 20090014350
The evidence of record shows the FSM and the applicant married on 29 November 2003. a. The evidence of record shows that the FSM submitted his application to enroll in the SBP with spouse coverage on 8 November 2005 and he died on 6 October 2007. Unfortunately, the FSM did not live 2 years from the effective date of the election he made as required by law.
ARMY | BCMR | CY2009 | 20090014351
The applicant requests the DA Form 87 (Certificate of Training) for the Systems Approach to Training Course which shows the period 28 January-1 February 2007 be removed from his official military personnel file (OMPF). He states that he attempted to have the incorrect certificate removed and was informed that he must request this action through the Army Board for Correction of Military Records (ABCMR). The evidence is clear that due to an administrative error the certificate of training...
ARMY | BCMR | CY2009 | 20090014353
The applicant requests correction of his records to show award of the Combat Infantryman Badge (CIB), Armed Forces Expeditionary Medal (AFEM) (or another campaign ribbon), and any other awards for participation in Operation Just Cause in Panama. While the applicant's DA Form 2-1 indicates he was assigned and served in an infantryman MOS while assigned to the 4th Battalion, 6th Infantry Regiment during the period this unit was deployed to Panama during Operation Just Cause; it does not...
ARMY | BCMR | CY2009 | 20090014358
The applicant's military service records are not available to the Board for review. There are no orders or other evidence in the applicant's available military service records that show he was awarded an individual decoration. c. Paragraph 3-18 governs award of the Army Achievement Medal and states that the Army Achievement Medal is awarded to any member of the Armed Forces of the United States who, on or after 1 August 1981, distinguished himself or herself by meritorious service or achievement.
ARMY | BCMR | CY2009 | 20090014359
On 15 February 1991, a DD Form 459 (Charge Sheet) was prepared preferring a court-martial charge against the applicant for violating Article 86 of the UCMJ by being AWOL from on or about 12 July 1990 through on or about 7 February 1991. On 1 March 1991, the separation authority approved the applicant's discharge request and directed he receive a UOTHC discharge and that he be reduced to PV1. Paragraph 3-7a of the same regulation provides that an honorable discharge (HD) is a separation...
ARMY | BCMR | CY2009 | 20090014361
The applicant requests award of the Purple Heart for wounds he received in the Republic of Vietnam. There are no orders in the applicant's military service records awarding him the Purple Heart. In the absence of military records which show that the applicant was wounded or treated for wounds resulting from hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.
ARMY | BCMR | CY2009 | 20090014370
Application for correction of military records (with supporting documents provided, if any). Additionally Appendix V of USARV 672-1 provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.
ARMY | BCMR | CY2009 | 20090014372
The applicant provides, in support of his application, copies of his WD AGO Form 53-55; general orders awarding him the Silver Star and the Purple Heart; a letter dated 25 April 1945 informing him that he was awarded the Combat Infantryman Badge; and an award certificate for the Bronze Star Medal, dated 14 January 1992. The applicant's WD AGO Form 53-55 shows he: a. was inducted into the Army of the United States on 28 July 1942. b. entered active duty on 11 August 1942; c. served in the...
ARMY | BCMR | CY2009 | 20090014374
The applicant contends that item 14 of his DD Form 214 should be corrected to show he completed BNCOC in 2004. However, the evidence of record shows the DA Form 1059 the applicant submits is not filed in his OMPF. Therefore, based on the available evidence, the applicant provides insufficient evidence to show he completed all phases on BNCOC prior to his discharge to support correction of his DD Form 214.
ARMY | BCMR | CY2009 | 20090014379
Therefore, his record should be corrected to show this award. Records show the applicant participated in three campaigns during his service in the RVN. As a result, the Board recommends that all Department of the Army records of the individual be corrected by: a. deleting the Vietnam Service Medal from item 24 of the applicant's DD Form 214 and b. adding to item 24 of the applicant's DD Form 214 the Army Commendation Medal, Meritorious Unit Commendation, the Vietnam Service Medal with...
ARMY | BCMR | CY2009 | 20090014383
A review of various documents in the applicant's military personnel records show that his date of birth consistently appears as "25 May 1947." The evidence of record shows the applicant's date of birth is "25 May 1947." As a result, the Board recommends that all Department of the Army Records of the individual concerned be corrected by: a. amending his DD Form 214 for the period 29 December 1977 through 31 January 1987 to show his date of birth as "25 May 1947"; and b. providing him a...
ARMY | BCMR | CY2009 | 20090014398
Item 35 (signature of spouse) allegedly reflected the signature of his spouse (Jeanette, the applicant) indicating that she concurred with the SBP election made by her spouse. At the time, a member must have made the election within 90 days of receiving the notification of eligibility to receive retired pay at age 60 or else have waited until he/she applied for retired pay and elected to participate in the standard SBP. The applicant provides page four of a DD Form 2656 dated 2 September...
ARMY | BCMR | CY2009 | 20090014400
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. The applicant's voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, to avoid trial by court-martial, was administratively correct and in conformance with applicable regulations.
ARMY | BCMR | CY2009 | 20090014401
The applicant requests that the last digit of his social security number (SSN) be changed from "8" to "9." The applicant's military records show that he was inducted in the Army of the United States on 11 May 1966. While the applicant served in the USAR under an SSN which ended in "9," the applicant has requested the DD Form 214 which summarizes his active duty be corrected, not his USAR records.
ARMY | BCMR | CY2009 | 20090014402
Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he earned the following awards during his active duty tenure: Vietnam Service Medal (VSM), National Defense Service Medal (NDSM), RVN Campaign Medal (RVNCM), Combat Infantryman Badge (CIB), AM, Army Good Conduct Medal (AGCM), and one overseas service bar. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit...
ARMY | BCMR | CY2009 | 20090014407
There is no evidence of record and the applicant did not provide any evidence that shows she or her unit deployed to a specific operation that qualified for award of the AFEM. Therefore, there is insufficient evidence to show she is eligible for award of the AFEM. ____________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 | 20090014410
The applicant requests award of the Driver and Mechanic Badge with "S" (Operator for Special Mechanical Equipment) and "W" (Driver for Wheel Vehicles) Bars; and correction of item 12g (Sea Service) and item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect 3 days of sea service and deployment to Somalia and Haiti as deployments to an imminent danger pay area. The Driver and Mechanic Badge with "W" Component Bar is included in the DD Form 214...
ARMY | BCMR | CY2009 | 20090014412
The applicant provides a copy of his Army Achievement Medal orders and his previous Record of Proceedings in support of this application. 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 AR20090003438, dated 30 July 2009. DISCUSSION AND CONCLUSIONS: The evidence of record shows the applicant was awarded the Army Achievement Medal.
ARMY | BCMR | CY2009 | 20090014413
On 26 March 1980, the applicant's immediate commander notified the applicant of his intent to initiate action to discharge him from the Army under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-33 (Trainee Discharge Program (TDP)). Evidence shows the applicant was discharged prior to completing initial entry training. ___________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of...
ARMY | BCMR | CY2009 | 20090014416
The applicant requests that he be awarded the Soldier's Medal. Section 9 - Medals, Decorations, and Citations - of the applicant's DA Form 24 (Service Record) does not show the applicant was awarded the Soldier's Medal. 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 | 20090014418
The applicant's records show he enlisted in the U.S. Army Reserve (USAR) on 29 March 2001 for a period of 8 years. Section V (Entitlement) of the applicant's DA Form 5261-R shows the entry, "According to the entry I have initiated in Section III, paragraph 6, above, I am entitled to one of the following cash enlistment bonuses: High Priority Unit Bonus = $5,000.00." He also requests that the recoupment of his enlistment bonus be reviewed.
ARMY | BCMR | CY2009 | 20090014421
The convening authority approved so much of the sentence as provided for 10 months in confinement, total forfeitures, and a Bad Conduct Discharge (BCD). It stated that an enlisted person will be discharged with a dishonorable discharge pursuant only to an approved sentence of a general or special court-martial and would be accomplished only after the completion of the appellate process, and affirmation of the court-martial findings and sentence. In this case, the evidence provides an...
ARMY | BCMR | CY2009 | 20090014424
BOARD DATE: 22 October 2009 DOCKET NUMBER: AR20090014424 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Table 2-1 of this Army regulation shows that certificates of training (file only certificates issued by activities listed in Department of the Army Pamphlet 351-4 (U.S. Army Formal Schools Catalog)) and award orders (includes badges, bars, tabs, and so forth) are filed in the performance section of the OMPF. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2009 | 20090014425
Paragraph 5-13, in effect at the time, provided that a Soldier could be separated for personality disorder, not amounting to disability under Army Regulation 635-40 (Personnel Separations - Physical Evaluation for Retention, Retirement, or Separation), that interfered with assignment to or performance of duty. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Absent any evidence of record or independent...
ARMY | BCMR | CY2009 | 20090014426
The applicant requests that his discharge under other than honorable conditions be upgraded to honorable. The applicant contends that his discharge should be upgraded so that he may be buried with military honors because he had a clean service record with no disciplinary actions until the last 2 months prior to his 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...
ARMY | BCMR | CY2009 | 20090014429
The applicant's military record is not available to the Board for review. Records show that the applicant was awarded the EAME Campaign Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Bronze Star Medal based on award of the Combat Infantryman Badge, b. deleting from item 33 of his WD AGO 53-55 the European-African-Middle Eastern Campaign Medal and the Army of Occupation Medal, and c....
ARMY | BCMR | CY2009 | 20090014434
On 13 December 2007, the applicants immediate commander notified him of his intent to initiate separation action against him in accordance with Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12c, for misconduct, commission of a serious offense, based on two periods of AWOL with one period exceeding 30 days. The evidence of record shows that the applicants RE code was assigned because he was separated under the provisions of Army Regulation 635-200,...
ARMY | BCMR | CY2009 | 20090014438
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Good Conduct Medal, Expert Marksmanship Qualification Badge with Rifle Bar [M-16], and the Combat Action Badge. The applicant's contentions that his DD Form 214 should be corrected to show award of the Army Good Conduct Medal, Expert Marksmanship Qualification Badge with Rifle Bar [M-16], and the Combat Action Badge were carefully considered and determined to...
ARMY | BCMR | CY2009 | 20090014440
The applicant requests change of the reason for his release from his U.S. Army Reserve (USAR) unit from unsatisfactory performance to a more favorable reason so he may enlist in the Regular Army (RA). However, his records contain a copy of Orders 070-75L, issued by Headquarters, 81st Regional Support Command, Birmingham, AL, dated 10 March 2000, that show he was released from the 12th Legal Service Team 3 and reassigned to the USAR Control Group (Annual Training) in accordance with Army...
ARMY | BCMR | CY2009 | 20090014442
Application for correction of military records (with supporting documents provided, if any). The applicant requests that the Certificate of Recognition for service during the Cold War and his high school education level be added to his DD Form 214 (Report of Separation from Active Duty). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing block 20 of his DD Form 214 to show he completed 12 years of education.
ARMY | BCMR | CY2009 | 20090014443
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 31 July 1974, the applicant consulted with legal counsel and he voluntarily requested discharge for the good of the service - in lieu of court-martial under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10. Accordingly, the applicant was discharged from active duty on 15 August 1974 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service - in lieu of...
ARMY | BCMR | CY2009 | 20090014444
Application for correction of military records (with supporting documents provided, if any). Item 40 (Wounds) of the applicant's DA Form 20 is blank and the PH is not included in the list of earned awards entered in item 41 (Awards and Decorations). Item 40 of the applicant's DA Form 20 is blank, which indicates he was never wounded in action, and the PH is also not included in the list of awards contained in Item 41.
ARMY | BCMR | CY2009 | 20090014445
The applicant states that he was wounded in October 1968 in Vietnam. The evidence of record shows the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 11 October 1966 through 14 May 1969; b. deleting from his DD Form 214 the Army Commendation Medal;...
ARMY | BCMR | CY2009 | 20090014447
She adds that her medical evaluation board (MEBD) recommended her discharge in accordance with Army Regulation 135-178 (Enlisted Administrative Separations) as listed on her DD Form 214 (Certificate of Release or Discharge from Active Duty), which is for medical reasons, and that the orders she received from the Army and National Guard Regulations are also for medical reasons. The evidence of record shows the applicant was ordered to active duty in an AGR status on 3 October 2006. The...