ARMY | BCMR | CY2009 | 20090014718
Title 10 of the U.S. Code, section 1406(b)(2) provides for non-regular service retirement and states that in the case of a person who is entitled to retired pay under section 12731 of this title, the retired pay base is the monthly basic pay, determined at the rates applicable on the date when retired pay is granted, of the highest grade held satisfactorily by the person at any time in the armed forces. The evidence of record shows that the applicant served on active duty from 1967 to 1970...
ARMY | BCMR | CY2009 | 20090014720
He claims under the policy contained in Office of the Chief, Army Reserve (OCAR) Memorandum, dated 18 April 2008, which was in effect at the time, having made the LTC promotion list as a mobilized officer serving on active duty, he should have been promoted to LTC upon being matched against a position of like rank and grade. This official indicated the applicant was considered for promotion by the FY07 LTC RCSB that convened on 11 September 2007, and was promoted to LTC in orders, dated 26...
ARMY | BCMR | CY2009 | 20090014724
The applicant requests the following: a. However, his record contains a duly constituted DD Form 214 that shows he was discharged on 5 January 1987 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, for the good of the service in lieu of court-martial with a UOTHC discharge. The applicant was promoted to E-6 on 17 May 1985 and was discharged with a UOTHC discharge in the rank/grade of PV1/E-1 on 5 January 1987.
ARMY | BCMR | CY2009 | 20090014728
The applicant requests upgrade of his undesirable discharge to an honorable discharge. He requested this discharge based on the charges preferred against him under the UCMJ. The evidence of record shows that the applicant had four violations under the UCMJ: having a trace, more or less of marijuana, in his possession; being asleep on his post; not being at his appointed place of duty, and willfully disobeying his superior noncommissioned officer.
ARMY | BCMR | CY2009 | 20090014729
A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter. However, the separation authority may direct a general discharge if such is merited by the Soldier's overall record. Based on the evidence of record, the applicant, who had more than 18 years of active Federal service, was recommended for separation prior to the expiration of his term of service because he falsified completion of high school documents for potential Army recruits.
ARMY | BCMR | CY2009 | 20090014732
In section IX (SBP Election) of this form, the applicant checked that he elected coverage for spouse only, based on full gross pay. There is no evidence of record and he does not provide any evidence to show that he completed a new DD Form 2656 prior to his retirement date. DFAS indicated the applicant requested termination of his SBP coverage in October 2009.
ARMY | BCMR | CY2009 | 20090014734
On 21 and 22 June 1976, the applicant's immediate commander counseled him for his poor attitude, lack of motivation, lack of promotion potential and provided him information (requested by the applicant) on the Expeditious Discharge Program (EDP). The commander also informed the applicant that he intended to recommend that he receive a General Discharge Certificate and advised him of his rights to consult with legal counsel to discuss the ramifications of this recommendation and to submit a...
ARMY | BCMR | CY2009 | 20090014735
The 11 May 2009 HRC letter is correct, the FSM did not file an RCSBP election in 1975 when he received his 20-year letter. Therefore, based on the above facts and findings, it is appropriate to correct the records to show: a. the FSM was entitled to receipt of retired pay at age 60 based on 30 qualifying years of service and 2,931 retirement points; b. he elected to receive retired pay effective 5 September 1994 and was transferred to the Retired List at that time; c. the FSM elected to...
ARMY | BCMR | CY2009 | 20090014738
The applicant's records show he was inducted into the Army of the United States and entered active duty on 9 September 1969. With respect to his MOS, the evidence of record shows the applicant was trained in and held MOS 11B. There is no evidence in his service records and he did not provide any supporting evidence that shows he served in Germany and/or Norway.
ARMY | BCMR | CY2009 | 20090014739
Naval hospital ship, USS Sanctuary; c. his conduct and efficiency ratings are recorded as "excellent" or "unknown"; d. he served during one campaign period (Vietnam Counteroffensive Phase VII (1 July 1970 30 June 1971)); e. he received a gunshot wound to his left leg on 3 March 1971; and f. his authorized awards are listed as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Expert Marksmanship Qualification Badge with...
ARMY | BCMR | CY2009 | 20090014740
As a result of the 20 September 2005 court order sanctioning of the applicant, the OTJAG Standards of Conduct Office (SOCO) directed a professional responsibility investigation into the applicant's conduct. In a memorandum, dated 12 March 2008, OTJAG notified the applicant of several actions taken by the Assistant Judge Advocate General of the Army, including: the filing of the GOMOR in the applicant's OMPF, notifying the applicant's state bars [Pennsylvania, New Jersey, District of...
ARMY | BCMR | CY2009 | 20090014742
The applicant requests that his records be corrected to show that he served in combat and that he be awarded the Combat Infantryman Badge (CIB). The applicant has failed to show through evidence submitted with his application or the evidence of record that he ever held the MOS of an infantryman or that he performed the duties of an infantryman assigned to an infantry unit that engaged the enemy in combat. In order to justify correction of a military record, the applicant must show to the...
ARMY | BCMR | CY2009 | 20090014743
Their retired pay is computed as 2 1/2 times the number of years of service, minus 1 percent for each year under 30 years of service, times the average of the highest 36 months of base pay during that service. The applicable laws and regulations provide that officers who voluntarily retire with at least 20 but less than 30 years of service and do not have 10 years of service as a commissioned officer will retire in their enlisted grade and have their retired pay calculated at their enlisted...
ARMY | BCMR | CY2009 | 20090014744
IN THE CASE OF: BOARD DATE: 28 January 2010 DOCKET NUMBER: AR20090014744 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). Since the applicant's inclusive dates of service in Korea are not available, there is insufficient evidence on which to grant his request for three additional awards of the bronze service star to be affixed to his Korean Service Medal.
ARMY | BCMR | CY2009 | 20090014746
Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. His record contains no evidence of any disqualifying incidents or recommendations that would deny award of the Good Conduct Medal; therefore, it would be appropriate to award him this medal for the period of service from 10 July 1969 through 23 April 1971. As a result, the Board recommends that all Department...
ARMY | BCMR | CY2009 | 20090014748
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, an upgrade of his general discharge (GD), under honorable conditions to an honorable discharge (HD). There is no evidence in the available record that shows the applicant petitioned the Army Discharge Review Board (ADRB) for an upgrade of his discharge within that board's 15-year statute of limitations.
ARMY | BCMR | CY2009 | 20090014752
The applicant provides two printouts from the internet one discusses the Iraq Campaign Medal and states " personnel who previously received the Global War on Terrorism Expeditionary Medal (GWOTEM) for Iraq service may elect to exchange the medal for the new Iraq Campaign Medal" and the second discusses the criteria for award of the CAB. Award of the Iraq Campaign Medal is authorized for service in direct support of Operation Iraqi Freedom on or after 19 March 2003 to a future date to be...
ARMY | BCMR | CY2009 | 20090014755
The applicant requests that his general, under honorable conditions discharge be changed to a medical discharge. However, his initial DD Form 214 shows he was discharged on 26 December 1972 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, for the good of the service in lieu of trial by court-martial with the issuance of an Undesirable Discharge Certificate. In the absence of the applicant's chapter 10 discharge proceedings, the...
ARMY | BCMR | CY2009 | 20090014758
The convening authority approved only so much of the sentence as provided for 42 months confinement, reduction to pay grade E-1, total forfeiture, and a bad conduct discharge. The applicant has provided no evidence to show that his discharge was unjust at the time of his offense. _______ _ 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 | 20090014759
The applicant provides copies of Permanent Order 351-001 and Orders 351-391, both issued by the Office of The Adjutant General, SDARNG, Rapid City, SD, dated 17 December 2003; a copy of Orders 020-301, issued by Headquarters, U.S Army Field Artillery Center, Fort Sill, OK, dated 20 January 2004; his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 22 March 2005; and a DD Form 827 (Application for Arrears in Pay) as documentary evidence in support of...
ARMY | BCMR | CY2009 | 20090014760
The applicant's record shows he was a member of the SDARNG. 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 Involuntary AIP were carefully considered and determined to have merit. As a result, the Board recommends that all...
ARMY | BCMR | CY2009 | 20090014762
In support of his application, the applicant provides copies of his orders for award of the Purple Heart, Bronze Star Medal with "V" Device, and the Army Commendation Medal; a DA Form 199 (Physical Evaluation Board (PEB) Proceedings), dated 14 June 1972; the last page of his Standard Form (SF) 88 (Report of Medical Examination), undated; and his DD Form 214. Therefore, the applicant entitled to award of the Army Good Conduct Medal (first award) for the period 30 September 1969 to 27...
ARMY | BCMR | CY2009 | 20090014769
Application for correction of military records (with supporting documents provided, if any). Item 21 (Home of Record at Time of Entry into Active Service) of his DD Form 214 shows an address in Saginaw, Michigan. However, the evidence of record shows that his home of record at the time of his enlistment in the Regular Army in 1968 was Saginaw, Michigan.
ARMY | BCMR | CY2009 | 20090014771
The applicant request, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show where he performed his foreign service and to show award of the Armed Forces Expeditionary Medal. The evidence of record confirms the applicant was awarded the Armed Forces Expeditionary Medal for his service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding to...
ARMY | BCMR | CY2009 | 20090014773
Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained as a result of hostile action. The applicant's request that his record should be corrected by awarding him the Purple Heart was carefully considered and not supported by the evidence in this case. There is no evidence in the applicant's record verifying that he required medical treatment for a wound received as a result of hostile action.
ARMY | BCMR | CY2009 | 20090014775
The applicant requests that his 2007 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show entitlement to the Meritorious Unit Commendation. The evidence confirms the applicant was a member of the 1744th Transportation Company during the period it was awarded the Meritorious Unit Commendation. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Meritorious Unit Commendation and...
ARMY | BCMR | CY2009 | 20090014777
Application for correction of military records (with supporting documents provided, if any). DISCUSSION AND CONCLUSIONS: The evidence of record supports the applicant's contention that his rank was E-4 when he was placed on the TDRL. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing his retired grade as specialist four/E-4 on U.S. Army Military Personnel Center Orders D106-10, dated 1 June 1983, and on U.S....
ARMY | BCMR | CY2009 | 20090014778
On 25 November 1985, after just 1 month and 26 days, the applicant's 3-year enlistment was terminated and he was discharged under the provisions of Army Regulation 635-200, chapter 11, paragraph 11-3a(3)c for entry level performance and conduct. There is no record the applicant petitioned the Army Discharge Review Board (ADRB) seeking a discharge upgrade within that board's 15-year statute of limitations. He spent less than 2 months on active duty as a basic training Soldier, during which...
ARMY | BCMR | CY2009 | 20090014790
Application for correction of military records (with supporting documents provided, if any). Chapter 10 of the version in effect at the time provided that a member who committed an offense or offenses for which the authorized punishment included a punitive discharge, could submit a request for discharge for the good of the service at any time after court-martial charges were preferred. _______ _ X_______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the...
ARMY | BCMR | CY2009 | 20090014792
Item 22 (Military Occupational Specialties) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was awarded primary MOS 35K on 20 June 1969. The applicant's service records contain no orders that indicate he was ever awarded an MOS other than 35K during his active duty tenure. Therefore, notwithstanding the orders provided by the applicant, absent any evidence of record showing the applicant held MOS 11B on the date of separation, there is insufficient evidence on which...
ARMY | BCMR | CY2009 | 20090014794
Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received. The applicant's unit was awarded two awards of Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Purple Heart, the first award of the Good Conduct...
ARMY | BCMR | CY2009 | 20090014796
Since the applicant's request for award of the Bronze Star Medal is new and must be considered by the Board, his evidence relative to the Purple Heart will be discussed as an exception to policy. There are no orders or other evidence in the applicant's military service records that shows he was awarded the Purple Heart. There are no orders or other evidence in the applicant's military service records that shows he was awarded the Bronze Star Medal.
ARMY | BCMR | CY2009 | 20090014799
IN THE CASE OF: BOARD DATE: 10 June 2010 DOCKET NUMBER: AR20090014799 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states the following: * He was commissioned a Reserve commissioned officer on active duty on 12 May 1996 and he served 3.5 years on active duty * he transferred to the U.S. Army Reserve (USAR) where he was promoted to captain on 3 September 2002 * he reentered active duty on 1 July 2003 via the Active Guard Reserve (AGR) program in the rank of captain with a...
ARMY | BCMR | CY2009 | 20090014801
Application for correction of military records (with supporting documents provided, if any). The applicant requests an honorable 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.
ARMY | BCMR | CY2009 | 20090014807
Application for correction of military records (with supporting documents provided, if any). On 23 February 1972, the Army released the applicant from active duty. The applicant contends that he was wounded in action and qualifies for award of the Purple Heart.
ARMY | BCMR | CY2009 | 20090014811
Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) 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. However, there is no evidence in the available records and he did not submit substantiating evidence that shows he was an active participant in ground combat while assigned to an infantry unit. In the absence of evidence that he actively...
ARMY | BCMR | CY2009 | 20090014814
By regulation, in order to support award of the CIB, there must be evidence confirming the applicant held and served in an infantry MOS in a qualifying infantry unit, and there must be evidence that he was present and participated with that unit while it was engaged in active ground combat with enemy forces. The evidence of record confirms the applicant held and served in MOS 11B while assigned to a qualifying infantry unit for award of the CIB. As a result, the Board recommends that all...
ARMY | BCMR | CY2009 | 20090014819
On 22 February 1974, the separation authority approved the applicants request for discharge and directed that he be furnished an undesirable discharge. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. 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 | 20090014823
Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. There are no orders for the Bronze Star Medal in the available records. In support of his claim for the Bronze Star Medal, the applicant provided an award certificate, dated 12 June 1972, for the Bronze Star Medal for meritorious achievement in ground operations against hostile forces during the period December...
ARMY | BCMR | CY2009 | 20090014833
The applicant's military service records show that he enlisted in the Regular Army on 7 July 1969. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual be corrected by: a. deleting from item 24 of the applicant's DD Form 214 the Vietnam Service Medal; b....
ARMY | BCMR | CY2009 | 20090014836
On 29 September 2005, the applicant submitted a DD Form 108 (Application for Retired Pay Benefits) requesting non-regular retirement on 8 October 2006 when he turned age 60. It provides, in pertinent part, that Soldiers being processed under the PDES will be advised that when a Soldier has a rating of less than 30 percent and has at least 20 qualifying years for retirement for non-regular service, they have the option of accepting discharge with disability severance pay and forfeiting...
ARMY | BCMR | CY2009 | 20090014839
The applicant served in Iraq during the period from 16 March 2004 through 19 March 2005 (1 year and 4 days). The applicant's Enlisted Record Brief, dated 31 July 2008, states the applicant served in Iraq from 16 March 2004 through 19 March 2005. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in item 12f of his DD Form 214: 1 year, 6 months, and 4 days.
ARMY | BCMR | CY2009 | 20090014842
Application for correction of military records (with supporting documents provided, if any). The applicant provides his DD Form 214 and two memoranda, both dated 14 August 2006, which show the applicant is entitled to the GWOTSM and the GWOTEM for his service in Uzbekistan as part of Operation Enduring Freedom from 1 November 2001 to 17 April 2003. As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by: * Adding to Item 18 "SERVICE IN UZBEKISTAN...
ARMY | BCMR | CY2009 | 20090014844
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Combat Infantryman Badge (CIB). 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. Therefore, there is insufficient evidence to grant the applicant's request to award the CIB.
ARMY | BCMR | CY2009 | 20090014845
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 3 August 1982 be corrected to reflect the beginning and ending date for all of his service. He was issued a DD Form 214 to reflect his active duty service from 30 March 1982 to 3 August 1982. The applicant was issued two NGB Forms 22 that correctly capture all of his ARNG service and there appears to be no basis to grant his request.
ARMY | BCMR | CY2009 | 20090014851
The evidence shows the applicant met the criteria for award of the Korean War Service Medal and the National Defense Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant's entitlement to the Korean War Service Medal and the National Defense Service Medal, adding these awards to the list of awards already contained on his DD Form 214, and providing him a correction to his separation document...
ARMY | BCMR | CY2009 | 20090014854
The applicant requests award of the Purple Heart. The applicant's name is not shown on the Vietnam Casualty Roster and there are no general orders in his records that show he was awarded the Purple Heart. _______ _ _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 | 20090014855
Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. Title 10, U.S. Code, section 1203, provides for the physical disability separation with severance pay of a member who has less than 20 years service and a disability rated at less than 30 percent. DFAS has confirmed the applicant did not receive severance pay.
ARMY | BCMR | CY2009 | 20090014858
The medical treatment record, recommendation for award of the Purple Heart, DD Form 214, and the four statements that contend the applicant was injured when viewed together are sufficient evidence to show the applicant was performing duties in a hostile fire/imminent danger pay area. The absence of a disqualifying statement from the applicant's chain of command combined with his personal awards, promotion to E-4, honorable characterization of service, and the fact that he served and was...
ARMY | BCMR | CY2009 | 20090014863
Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a direct result of hostile action. 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 Purple Heart for wounds received on 29 July 1967 and b. adding the following awards to item 24 of the applicant's DD Form 214: (1) the Purple Heart, (2) the Valorous Unit Award, (3)...