ARMY | BCMR | CY2009 | 20090014871
There is no indication the applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge within its 15-year statute of limitations. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. _______ _ _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 | 20090014876
The applicant states that he was awarded the Combat Infantryman Badge and the Purple Heart while in Vietnam and that the medals were on his bunk when he returned from the hospital. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. Since there are no orders for the Purple Heart and there is no evidence of record which shows that the...
ARMY | BCMR | CY2009 | 20090014877
On 27 July 1998, the separation authority approved the applicant's request for discharge and directed that he be furnished a discharge under other than honorable conditions. The applicant's record of service during his last enlistment included 27 days of lost time. Therefore, the applicant's record of service is insufficiently meritorious to warrant an honorable discharge or a general discharge.
ARMY | BCMR | CY2009 | 20090014879
The applicant requests correction of his DA Form 3947 (Medical Evaluation Board (MEB) Proceedings) and DA Form 199 (Physical Evaluation Board (PEB) Proceedings), both dated in March 1996, by including Post Traumatic Stress Disorder (PTSD) as one of his disabling conditions and increasing the combined disability rating for his service-connected permanent disability retirement from 40 percent (%) to 100% in order to match the findings of a Department of Veterans Affairs (VA) Rating Decision,...
ARMY | BCMR | CY2009 | 20090014883
The DD Form 214 he was issued shows he completed 22 years, 8 months, and 4 days of creditable active service. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. In order to justify correction of a military record, the applicant must show or it must otherwise satisfactorily appear that the record is in error or unjust.
ARMY | BCMR | CY2009 | 20090014893
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 reflects the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, only one Army Commendation Medal, and one Bronze Star Medal. Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. As a...
ARMY | BCMR | CY2009 | 20090014895
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his award of the Army Commendation Medal (ARCOM). While the sincerity of the applicants claim that he was awarded the ARCOM for his service in SWA is not in doubt, he has failed to show through the evidence submitted and the evidence of record sufficient evidence to warrant the entry of that award into his records. In order to justify correction of a military record the...
ARMY | BCMR | CY2009 | 20090014914
This form also states that no evidence the Purple Heart was awarded at this hospital. Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have 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 the Purple Heart for wounds received in action on 22 May 1970 in the...
ARMY | BCMR | CY2009 | 20090014918
Army Regulation 635-200 states 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. The SPD code "JFS" is the correct code for Soldiers separating under chapter 10 of Army Regulation 635-200 at the time. Discharges under the provisions of chapter 10 of Army Regulation 635-200 are voluntary requests for discharge in lieu of trial by court-martial.
ARMY | BCMR | CY2009 | 20090014920
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Infantryman Badge, Global War on Terrorism Expeditionary Medal, Iraq Campaign Medal, bronze service star to be affixed to his Parachutist Badge, bronze arrowhead, and a meritorious unit citation [exact award unspecified]. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as...
ARMY | BCMR | CY2009 | 20090014922
Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. Records show 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 for the period 24 September 1965 to 29 June 1968 and b....
ARMY | BCMR | CY2009 | 20090014924
The applicant requests correction of his military records to show award of the Combat Action Badge. On 3 June 1967, the Army released the applicant from active duty. Army Regulation 600-8-22 also states that award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.
ARMY | BCMR | CY2009 | 20090014929
Application for correction of military records (with supporting documents provided, if any). The applicant contends his DD Form 214 should be corrected to show three awards of the Purple Heart, the Bronze Star Medal, and his correct rank. Therefore, in the absence of additional documentation that conclusively shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.
ARMY | BCMR | CY2009 | 20090014931
The applicant requests, in effect, correction of item 18 (Remarks) of his 17 July 2009 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he completed his first full term of service. The applicant provides his DD Form 214 and honorable discharge certificate in support of his application. The DD Form 214 he was issued upon his separation shows he completed a total of 3 years, 4 months, and 26 days of active military service during the period covered by the DD Form...
ARMY | BCMR | CY2009 | 20090014933
Application for correction of military records (with supporting documents provided, if any). It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. Therefore, it would be appropriate to correct the applicants DD Form 214 to show he completed 2 years, 10 months, and 15 days of active military service.
ARMY | BCMR | CY2009 | 20090014941
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. On 12 January 2002, the applicants commander initiated elimination action on the applicant under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 14, for commission of a serious offense. The...
ARMY | BCMR | CY2009 | 20090014944
Accordingly, the applicant was discharged with a general, under honorable conditions discharge on 26 August 1987 under the provisions of Army Regulation 635-200, chapter 9, for drug abuse rehabilitation failure. There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
ARMY | BCMR | CY2009 | 20090014945
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that the Combat Infantryman Badge (CIB) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). In this case, the evidence of record is void of any orders or other documents that indicate the applicant was ever recommended for or awarded the CIB by proper authority while serving on active duty.
ARMY | BCMR | CY2009 | 20090014947
There are no orders for the Combat Infantryman Badge in the applicant's service personnel records. Headquarters, United States Military Assistance Command, Vietnam General Orders Number 2299, dated 1 December 1967, show the applicant received the Bronze Star Medal for meritorious service in connection with military operations against a hostile force during the period June 1966 to December 1967. U.S. Military Assistance Command, Vietnam (MACV) Directive 672-1 (Awards and Decorations)...
ARMY | BCMR | CY2009 | 20090014949
The applicant requests amendment of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Republic of Vietnam Campaign Medal with Device (1960) and his service in Indochina. Records show 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. deleting from item 24 of his DD Form 214 for the period ending 12 September 1969 the...
ARMY | BCMR | CY2009 | 20090014960
The memorandum and Computation Sheet and Record of Award of Entry Grade Credit provided to the applicant by the Office of the Chief of Chaplains provides, in pertinent part, that the applicant should have been initially commissioned in the rank of CPT. The evidence of record shows that the applicant was subsequently granted 4 years of constructive credit for his initial appointment. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2009 | 20090014961
(NAME) on his DD Form 149 (Application for Correction of Military Records). on the DD Form 149 he submitted to this Board. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 4 series and his DD Form 1966 series to show the hyphenated last name reflected in item 1.b.
ARMY | BCMR | CY2009 | 20090014962
The applicant requests correction of his military records to show that he was awarded the Army Reserve Components Achievement Medal (ARCAM) for the periods ending on 28 September 1998 and 28 September 2001. The applicant's AHRC Form 249-E shows that: a. he entered the Army National Guard (ARNG) on 29 September 1972; b. he transferred from the ARNG to the U.S. Army Reserve (USAR) on 29 September 1988; c. he transferred to the Retired Reserve on 26 March 2002; and d. he served a total of 29...
ARMY | BCMR | CY2009 | 20090014965
A Mental Hygiene Consultation Service, Fort Gordon, GA form letter, undated, shows the applicant underwent a command requested evaluation on 8 July 1968 in conjunction with his contemplated separation action under Army Regulation 635-212 (Personnel Separations Discharge Unfitness and Unsuitability). On 18 July 1968, the appropriate separation authority approved the applicants discharge under the provisions of Army Regulation 635-212, for reason of unfitness, and directed the issuance...
ARMY | BCMR | CY2009 | 20090014966
The applicant states that he should have been awarded the CIB because he was injured in combat and awarded the Purple Heart. DISCUSSION AND CONCLUSIONS: There is no evidence nor did the applicant submit any evidence that shows he held an infantry MOS during his assignment in the RVN. ___________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 | 20090014968
The applicant requests, in effect, correction of the separation code entered on his DD Form 214 (Certificate of Release or Discharge from Active Duty). The DD Form 214 issued to the applicant on the date of his separation confirms that he was separated under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 4, by reason of disability with severance pay. Thus, Item 26 of the applicants DD Form 214 correctly lists the proper SPD...
ARMY | BCMR | CY2009 | 20090014969
The SR stated he provided performance counseling to the applicant on what is required to be successful in the next period. On 2 September 1998, the applicant submitted comments to the contested OER. In response to comments in Part Vc of the contested OER, the applicant stated none of his stated performance objectives and contributions on his OER support form for the rating period were mentioned in the OER.
ARMY | BCMR | CY2009 | 20090014971
The applicant's military service records are not available to the Board for review. The applicant's DD Form 214 shows he was discharged from the U.S. Army under honorable conditions on 12 January 1960, under the provisions of Army Regulation 635-209 (Personnel Separations - Unsuitability) with Separation Program Number (SPN) 264, for unsuitability (character and behavior disorder) and issued a DD Form 257A (General Discharge Certificate). There is no evidence the applicant applied to the...
ARMY | BCMR | CY2009 | 20090014975
Application for correction of military records (with supporting documents provided, if any). As a result, it would be appropriate to award the FSM the PH and correct his records to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the FSM the Purple Heart for wounds received in action in the RVN on 10 February 1970; b. awarding the FSM the Army Good Conduct Medal (first award) for his...
ARMY | BCMR | CY2009 | 20090014976
On 13 March 1964, the applicant was notified of his pending separation under the provisions of Army Regulation 635-206 (Personnel Separations - Discharge - Misconduct) for conviction by civil court. Accordingly, the applicant was discharged on 6 May 1964 with an undesirable discharge under the provisions of Army Regulation 635-206 for conviction by civil court. On 6 September 1968, the Army Discharge Review Board denied the applicant's request for a discharge upgrade.
ARMY | BCMR | CY2009 | 20090014977
Application for correction of military records (with supporting documents provided, if any). Army Regulation 40-501 (Standards of Medical Fitness) provides, in pertinent part, that for an individual to be found unfit by reason of physical disability, he must be unable to perform the duties of his office, grade, rank or rating. While the applicant may very well have suffered from gastrointestinal trouble while on active duty, there is no evidence available, and the applicant has not...
ARMY | BCMR | CY2009 | 20090014978
Application for correction of military records (with supporting documents provided, if any). The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 21 April 1969 through 1 April 1971. 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).
ARMY | BCMR | CY2009 | 20090014982
The evidence of record confirms the applicant served on active duty during a qualifying period for the NDSM and that he was eligible to be awarded the AGCM based on his "excellent" conduct and efficiency ratings and the lack of a court-martial conviction and/or unit commander disqualification during his active duty service. Therefore, it would appropriate to award him the AGCM for his qualifying period of honorable active duty service from 16 January 1964 through 15 January 1966 and the...
ARMY | BCMR | CY2009 | 20090014983
He also requests he be recalled to active duty to resolve his medical problems. In his self-authored statement, dated 20 August 2009, the applicant provided a list of the events that occurred prior to being diagnosed with heart problems and his subsequent retirement from active duty. The list included the following: * 15 May 2003, voluntarily recalled to active duty for 3 years * extended on active duty for 2 additional years * November 2008, submitted request for voluntary retirement;...
ARMY | BCMR | CY2009 | 20090014985
The applicant requests, in effect, upgrade of his undesirable discharge to a fully honorable discharge. 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 applicant's failure to timely file. __________X_____________ CHAIRPERSON I certify that herein is...
ARMY | BCMR | CY2009 | 20090014991
While the evidence shows the applicant was awarded the Combat Infantryman Badge at one time, the badge was subsequently revoked and there is no evidence he was ever again awarded the badge. In the absence of orders confirming award of the Combat Infantryman Badge, there is no basis to now correct his record to show entitlement to that badge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following awards to...
ARMY | BCMR | CY2009 | 20090014993
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. The conviction and discharge were effected in accordance with applicable law and regulations and the discharge appropriately characterizes the misconduct for which the applicant was convicted. Therefore, the applicant's record of service is insufficiently meritorious to warrant a general discharge or an honorable discharge.
ARMY | BCMR | CY2009 | 20090014997
There are no orders in his records to show he was awarded the Combat Infantryman Badge. 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. In the absence of evidence that he actively participated in ground combat while assigned to an infantry unit, there is insufficient evidence upon which...
ARMY | BCMR | CY2009 | 20090014999
IN THE CASE OF: BOARD DATE: 13 May 2010 DOCKET NUMBER: AR20090014999 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The DD Form 214 issued to the applicant on the date of his discharge shows that he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 3, by reason of court-martial, other. In accordance with Title 10, U.S. Code, section 1552, the authority under which this Board acts, the Army...
ARMY | BCMR | CY2009 | 20090015002
The applicant requests that his general discharge under honorable conditions be upgraded to an honorable discharge. On 30 July 1985, the applicant consulted with military counsel. There is no indication 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.
ARMY | BCMR | CY2009 | 20090015003
In the applicant's request for discharge, he indicated that he understood that by requesting discharge, he was admitting guilt to the charges against him, or of a lesser included offense, that also authorized the imposition of a bad conduct discharge or a discharge under other honorable conditions. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The evidence of record shows the...
ARMY | BCMR | CY2009 | 20090015004
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 awards entered in item 41 (Awards and Decorations). However, by regulation, in order to support award of the PH, there must be evidence that the member was wounded/injured as a result of enemy action, the wound must have required treatment by medical personnel, and a record of the medical treatment...
ARMY | BCMR | CY2009 | 20090015006
8 Army Regulation 635-200 further 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. Table 3-1 included a list of the RA RE codes: a. RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army. The SPD code of KFS was the appropriate code for the applicant based on the guidance provided in this regulation...
ARMY | BCMR | CY2009 | 20090015007
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Somalia and all of the awards to which he is entitled. Army Regulation 600-8-22 (Military Awards) states that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2009 | 20090015009
BOARD DATE: 6 April 2010 DOCKET NUMBER: AR20090015009 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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. He was sentenced to be discharged from the service with a BCD.
ARMY | BCMR | CY2009 | 20090015011
The applicant requests, in effect, award of the Purple Heart and Silver Star. The medical records provided by the applicant as a basis for his medical retirement reference injuries and a time period identical to injuries and a time period documented in the LOD investigation. The records in the applicant's official military personnel file indicate he performed no acts of gallantry and there are no general orders in the applicant's records to indicate he was awarded the Silver Star.
ARMY | BCMR | CY2009 | 20090015012
Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), one Overseas Service Bar, Bronze Star Medal, and the Purple Heart. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his assignment to 1st Battalion, 12th...
ARMY | BCMR | CY2009 | 20090015014
Application for correction of military records (with supporting documents provided, if any). Headquarters, U.S. Army Training Center, Fort Jackson, SC, General Court-Martial Order Number 7, dated 13 February 1968, shows that after completion of all required post-trial and appellate reviews, the convening authority ordered the applicants bad conduct discharge sentence executed. As a result, there is insufficient basis to upgrade his discharge to a general discharge or an honorable discharge.
ARMY | BCMR | CY2009 | 20090015015
The applicant requests reconsideration of his earlier request to expunge his nonjudicial punishment (NJP), including a general officer memorandum of reprimand (GOMOR). Accordingly, the BOI recommended retention of the applicant on active duty. The applicant contends that his NJP and GOMOR should be removed from his military records because the BOI determined the evidence was insufficient to prove he committed the underlying misconduct.
ARMY | BCMR | CY2009 | 20090015021
Application for correction of military records (with supporting documents provided, if any). The applicant's name is not shown on the Vietnam casualty roster, his DA Form 20 does not indicate any combat wounds, his record is void of any orders that show he was awarded the Purple Heart, and his available medical records do not conclusively show the fragment wound resulted of from hostile action. Regrettably, absent evidence which conclusively shows that the applicant sustained wounds or...