ARMY | BCMR | CY2009 | 20090015161
IN THE CASE OF: BOARD DATE: 06 May 2010 DOCKET NUMBER: AR20090015161 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states, in effect, the subject orders awarding him the second and third Army Good Conduct Medal have incorrect dates or the period of service is duplicated. The applicants OMPF contains: a. Bravo Detachment, 18th Personnel Services Battalion Permanent Orders Number 255-48, dated 11 September 2000, awarding him the Army Good Conduct Medal (1st Award) for the...
ARMY | BCMR | CY2009 | 20090015162
On 25 May 1977, the ADRB upgraded the applicants undesirable discharge to a general under honorable conditions discharge under the DOD SDRP. The DVA stated three reasons for its decision: (1) under other than honorable conditions discharge on 17 July 1969 constitutes a bar to VA benefits; (2) character of discharge upgraded by DOD SDRP was not affirmed by the ADRB; therefore, cannot pay him benefits; and (3) Public Law 95-126 prohibits payment of VA benefits solely on a discharge upgraded...
ARMY | BCMR | CY2009 | 20090015165
IN THE CASE OF: BOARD DATE: 6 April 2010 DOCKET NUMBER: AR20090015165 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. He sent a DD Form 149 (Application for Correction of Military Record) to the retired pay services in July 2009. As a result, the Board recommends that all Department of the Army records of the individual concerned by: a. showing his spouse signed and dated the DD Form 2656 on 28 January 2009 electing to participate in the SBP for children only coverage, b. showing that DFAS...
ARMY | BCMR | CY2009 | 20090015168
The applicant requests correction of his undesirable discharge to unsuitability under Army Regulation 635-209 (Personnel Separations - Discharge - Unsuitability) or upgrade to general under honorable conditions. The applicant states his discharge should be upgraded because he served 2 years and 4 months of honorable service [before he reenlisted] and a total of 5 years, 4 months, and 24 days. A Soldier would be separated for unfitness when it had been determined that his or her record was...
ARMY | BCMR | CY2009 | 20090015172
His records also show that he participated in a combat parachute jump against an armed hostile force on 22 February 1967 and that his unit was awarded assault landing credit. Additionally, he participated in a parachute assault landing and five campaigns while in Vietnam and is entitled to wear one silver service star on his already awarded VSM to denote his campaign participation and an arrowhead device to denote assault landing credit as well as a bronze service star for wear on his...
ARMY | BCMR | CY2009 | 20090015175
A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant was discharged on 19 March 2003 with a bad conduct discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 3 (Character of Service/Description of Separation), section IV (Dishonorable and Bad Conduct Discharge) with the narrative reason "Court-Martial, Other." The applicant contends his bad conduct discharge should be upgraded and the narrative...
ARMY | BCMR | CY2009 | 20090015182
The applicant states that his discharge should be upgraded due to his honorable service in Vietnam. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. The applicant contends that his undesirable discharge should be upgraded to an honorable or a general discharge based on his honorable service in Vietnam.
ARMY | BCMR | CY2009 | 20090015185
His punishments consisted of a reduction in pay grade (suspended for 60 days), a forfeiture of pay, restriction, and extra duty. The available records do not show that the applicant ever applied to the Army Discharge Review Board for a change of his reason and authority for discharge within that board's 15-year statute of limitations. ____________x____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...
ARMY | BCMR | CY2009 | 20090015186
Application for correction of military records (with any supporting documents). The applicant requests, in effect, correction of her DD Form 214 (Report of Separation from Active Duty) to show her social security number (SSN) as xx9-xx-xxxx instead of xx8-xx-xxxx. 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...
ARMY | BCMR | CY2009 | 20090015190
Section 4 (Chronological Record of Military Service) of the applicant's DA Form 24 (Service Record) shows he received "excellent" conduct and efficiency ratings throughout his service. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. As a result, the...
ARMY | BCMR | CY2009 | 20090015195
The applicant requests that he be paid $26,500.00 in Army College Fund (ACF) benefits as outlined in his enlistment contract. The applicants military records may be corrected to show his Statement for Enlistment - United States Army Enlistment Program was amended to include the sentence, "If ACF benefits in the amount of $26,500.00.00 (exclusive of MGIB benefits) were authorized by the official processing you for enlistment and the Government fails to pay the full amount under the...
ARMY | BCMR | CY2009 | 20090015197
The applicant requests that item 11 (Primary Specialty) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 5 January 2002 be corrected to show military occupational specialty (MOS) 91B (medical specialist) instead of MOS 91WY2 (nuclear medicine specialist). However, since the available evidence of record shows he completed nuclear medical specialist training during his last enlistment, it is logical to presume he was awarded primary MOS 91W. In...
ARMY | BCMR | CY2009 | 20090015201
The applicant states: * his DD Form 214 shows his release as "Completion of Required Active Service" and should be corrected to indicate he was released due to being medically unfit or the equivalent * he was activated under Federal orders on 1 October 2003 for Operation Iraqi Freedom and then released and sent back to his Reserve unit on 26 December 2003 to await a Medical Evaluation Board because he was medically unfit * he was discharged from the North Carolina Army National Guard due to...
ARMY | BCMR | CY2009 | 20090015213
Application for correction of military records (with supporting documents provided, if any). Counsel requests correction of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his last name as "Lopez" instead of "Matos." ABCMR Record of Proceedings (cont) AR20090015213 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090015213 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2009 | 20090015218
The applicant's medical records are not available. It involves growth of osteophytes (bony protrusions) of the bones which form the openings through which nerves from the spine pass. The Army must find unfitness for duty at the time of separation before a member may be medically retired or separated.
ARMY | BCMR | CY2009 | 20090015221
The applicant requests, in effect, award of the Combat Infantryman Badge, the National Defense Service Medal, the Army Good Conduct Medal, the Republic of Vietnam Campaign Medal, one additional Overseas Service Bar, the Air Medal, and any other awards that he may be entitled for his Vietnam service. There are no orders in the applicant's military personnel records awarding him the Combat Infantryman Badge. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2009 | 20090015223
She states her contract does not show prior active/inactive military service. In this case, the evidence of record shows that the applicant was misinformed during the preparation of her enlistment contract, which resulted in an incorrect term of service being shown on her DD Form 4/1. Evidence of record shows prior to the applicant's enlistment on 18 July 2008, she served 4 months and 15 days ADT and 4 years, 11 months, and 10 days of inactive military service in the VAARNG.
ARMY | BCMR | CY2009 | 20090015224
IN THE CASE OF: BOARD DATE: 9 April 2010 DOCKET NUMBER: AR20090015224 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Although his exact dates of deployment in April 2006 could not be verified, the information contained on the travel authorization is sufficient evidence to substantiate his claim that he served in Kuwait from 1 April 2006 to 20 April 2006. His records should also be corrected to show his deployments to Kuwait/Iraq from 1 April 2006 to 20 April 2006 and from 8 June 2008 to...
ARMY | BCMR | CY2009 | 20090015226
The applicant's military records are not available to the Board for review. The applicant's Honorable Discharge Certificate, issued on 17 November 1948, shows that the applicant enlisted in the United States Army Reserve (USAR) on 18 November 1945 and was discharged on 17 November 1948, in the rank of "SGT 1Cl" (sergeant first class). The available evidence shows that the applicant was a sergeant first class at the time of his discharge in 1948.
ARMY | BCMR | CY2009 | 20090015227
On 19 November 1971, the defense counsel stated that the applicant was diagnosed in Vietnam with a character and behavior disorder and a civilian psychiatric report confirmed the diagnosis. The ADRB noted that on 22 October 1970 the applicant was diagnosed with a character and behavior disorder and based on the requirements of Army Regulation 635-212, as stated by his defense counsel; he should have received a General Discharge Certificate. In spite of this, the evidence of record shows...
ARMY | BCMR | CY2009 | 20090015232
The applicant requests, in effect, that his undesirable discharge be changed to reflect that he was honorably discharged by reason of physical disability. He had several of those spells after his discharge and later it was determined that he had diabetes and heart problems. There is no evidence in the available records to show that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that boards 15-year statute of limitations.
ARMY | BCMR | CY2009 | 20090015236
The applicant requests that his records be corrected to show his middle name as the letter "L" instead of "Lee." This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's 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. ABCMR Record of Proceedings (cont) AR20090015236 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR...
ARMY | BCMR | CY2009 | 20090015242
The applicant requests, in effect, upgrade of his bad conduct discharge (BCD) to an honorable 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 | 20090015243
In his request for discharge, the applicant indicated 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 applicant's contentions that his...
ARMY | BCMR | CY2009 | 20090015253
Application for correction of military records (with supporting documents provided, if any). He was too young to be a military policeman so he was assigned to a medical unit after basic training. The applicant's records show that he received three Article 15's, he was AWOL on three occasions, and had one civil confinement during his enlistment.
ARMY | BCMR | CY2009 | 20090015260
The applicant states that he was discharged on 11 October 1945 but his promotion to sergeant was a few months later. The letter stated, in pertinent part, that he was promoted to sergeant based on his status as a POW, that his records were amended to show his grade at discharge was sergeant, and that any correspondence pertaining to an adjustment in pay due to this promotion in grade should be directed to the Army Service Forces, Office of the Fiscal Director, Central Field Fiscal Office,...
ARMY | BCMR | CY2009 | 20090015261
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 AR20080018769 on 7 April 2009. The Board previously considered his request to add award of the LOM to his DD Form 214; however, there were no orders present in his records to document the award and the Board denied his request on 7 April 2009. Accordingly, he has shown through the...
ARMY | BCMR | CY2009 | 20090015264
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 AR20090003893 on 4 August 2009. During its original review of the case, the Board determined there was insufficient evidence confirming the applicant's assignment to the 29th AAA Battalion. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2009 | 20090015269
IN THE CASE OF: BOARD DATE: 13 April 2010 DOCKET NUMBER: AR20090015269 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. This document shows the following * 27th Engineer Battalion (Land Clearing Team) was cited for award of the Meritorious Unit Commendation for the period 1 July 1968 to 28 February 1969 by Headquarters, Department of the Army, General Orders Number 51, dated 1971 * 168th Engineer Combat Battalion was cited for award of the Meritorious Unit Commendation for the period 1...
ARMY | BCMR | CY2009 | 20090015272
The applicant requests, in effect, that he be given promotion reconsideration for the rank of captain. He checked with his unit's personnel officer and was told to check his OMPF on the integrated Personnel Electronic Records Management System (iPERMS) and make sure it was up to date because that information would be used by the promotion board. Army Regulation 135155, paragraph 319, General, states that promotion advisory boards/special selection boards are convened to correct/prevent...
ARMY | BCMR | CY2009 | 20090015277
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following awards: the Purple Heart, Vietnam Campaign Medal [with Device (1960)], Vietnam Service Medal, and the National Defense Service Medal. Therefore, the applicant is entitled to award of the Good Conduct Medal (1st Award) for the period 27 March 1968 to 26 March 1971 and to correction of his records to show this award. As a result, the...
ARMY | BCMR | CY2009 | 20090015281
The applicant states he did not know his commander awarded him the Army Commendation Medal and his service in Iraq should qualify him for the Iraq Campaign Medal. He did not serve a second period of service that would qualify him for the Iraq Campaign Medal. Therefore, he is entitled to award of the Iraq Campaign Medal and correction of his records to show this award.
ARMY | BCMR | CY2009 | 20090015284
The applicant requests, in effect, that she be medically retired instead of being discharged from the U.S. Army Reserve (USAR). Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 8, provides for medical evaluation boards, which are convened to document a service member's medical status and duty limitations insofar as duty is affected by the member's medical status. The applicant's medical records were not available for review and the applicant...
ARMY | BCMR | CY2009 | 20090015287
The evidence of record shows the applicant served in the RVN from 27 July 1967 to 4 June 1968. His DD Form 214 only reflects one overseas service bar; therefore, his records should be corrected accordingly. 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 the Vietnam Service Medal and one overseas service bar; b. adding to item 24 of his DD Form 214 the Army Good Conduct Medal...
ARMY | BCMR | CY2009 | 20090015288
On 6 November 1984, the separation authority approved the applicant's request for discharge for the good of the service in accordance with chapter 10 of Army Regulation 635-200 and directed that he be issued a discharge under other than honorable conditions and reduced to the lowest enlisted grade. The DD Form 214 he was issued shows he was discharged for the good of the service in lieu of a court-martial with service characterized under other than honorable conditions. Additionally, his...
ARMY | BCMR | CY2009 | 20090015292
Application for correction of military records (with supporting documents provided, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. 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 AR20080011103 on 4 September 2008.
ARMY | BCMR | CY2009 | 20090015294
There are no General Orders in the applicant's records that show he was awarded the Combat Infantryman Badge. However, there is no evidence in the available records and the applicant did not submit any 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 participated in ground combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the...
ARMY | BCMR | CY2009 | 20090015297
A review of the available records does not show that the applicant ever petitioned the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. _______ _ __X_____ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20090015297 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF...
ARMY | BCMR | CY2009 | 20090015298
The applicant requests that his discharge from the U.S. Army Reserve (USAR) be voided and that he be retained in the USAR. The applicant's ARPC Form 249-E shows he did not attain 50 retirement points for 2 years after his transfer to the USAR. There is no evidence the applicant requested transfer to the Retired Reserve.
ARMY | BCMR | CY2009 | 20090015299
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart. The applicant's military records are not available to the Board for review. However, there is insufficient evidence to grant him the Purple Heart in this case.
ARMY | BCMR | CY2009 | 20090015301
Application for correction of military records (with supporting documents provided, if any). The applicant provides a letter from the Department of the Army Review Boards Agency, Support Division, St. Louis, dated 13 August 2009, informing him that his military records do not contain evidence of completion of MP school. Therefore, it would be appropriate to include this training on his DD Form 214.
ARMY | BCMR | CY2009 | 20090015302
Paragraph 5-11 specifically provides that Soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment or who became medically disqualified under these standards prior to entrance on active duty or active duty training or initial entry training will be separated. The regulation states the reason for discharge based on separation code JFW is failure to meet procurement medical fitness standards and the regulatory authority is Army...
ARMY | BCMR | CY2009 | 20090015304
The applicant requests, in effect, removal of a DA Form 2627 (Record of Proceedings Under Article 15, UCMJ), dated 3 February 1997; and a General Officer Memorandum of Reprimand (GOMOR), dated 24 January 1997, from his Official Military Personnel File (OMPF). In the version in effect at the time of the applicant's misconduct, the DA Form 2627 would be filed as follows: "For Soldiers E-4 and below who have been in the Army less than three years as of the date punishment is imposed, the...
ARMY | BCMR | CY2009 | 20090015305
The applicant's military records show he enlisted in the Regular Army on 30 May 1997. The applicant's records in iPERMS show his rank as PFC with an effective date of rank (DOR) of 1 October 1998. A signed DA Form 4187 with a date of 16 December 1999 requested the applicant's pay status be changed from SPC/E-4 to PFC/E-3.
ARMY | BCMR | CY2009 | 20090015306
Application for correction of military records (with supporting documents provided, if any). He also provided a DA Form 638 (Recommendation for Award), dated 10 July 1998, for award of the Army Commendation Medal for the period 21 February 1998 to 10 July 1998, which states, in pertinent part, that he was deployed to Kuwait in support of Operation Desert Thunder. DISCUSSION AND CONCLUSIONS: The available evidence is sufficient to support correcting the applicant's DD Form 214 for the...
ARMY | BCMR | CY2009 | 20090015307
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 5 March 1991, the applicant was notified of the proposed action to separate him from the Army under the provisions of Army Regulation 635-200, chapter 15 for homosexuality based on his voluntary request for discharge. On 4 June 2004, the Army Discharge Review Board denied the applicant's request for an upgrade of his general discharge to an honorable discharge.
ARMY | BCMR | CY2009 | 20090015308
The applicant requests correction of his records to show he was transferred to the Retired Reserve at age 60 in the rank/grade of staff sergeant (SSG)/E-6 instead of private (PV2)/E-2. Commanders may consider any misconduct, to include a record of unexcused absences or unsatisfactory participation, as evidence of inefficiency. The evidence of records shows the applicant held the rank/grade of SSG/E-6 from 1981 through 1989.
ARMY | BCMR | CY2009 | 20090015309
His DD Form 214 shows he completed 4 years of creditable active service and listed his last name as "T--o---." The applicant contends that his DD Form 214 should show his service in Iraq, his foreign service, and all his awards and decorations. Permanent orders awarded him the Army Commendation Medal for meritorious service which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.
ARMY | BCMR | CY2009 | 20090015310
It indicates the applicant was still assigned as an AIT Soldier and was not MOS qualified due to not having taken the APFT for medical profile reasons. It states Soldiers pending referral to an MMRB, MEBD, or PEB will not be denied promotion if already promotable on the basis of medical disqualification if they are otherwise qualified for promotion. The evidence fails to show the applicant's medical processing was the sole basis for being denied promotion.
ARMY | BCMR | CY2009 | 20090015311
Application for correction of military records (with supporting documents provided, if any). On 3 September 2002, the applicant was discharged under other than honorable conditions under the provisions of Army Regulation 600-8-24, paragraph 3-13, in lieu of trial by court-martial. Army Regulation 600-8-24, paragraph 1-22b, provides an officer will normally receive an Under Honorable Conditions characterization of service when the officers military record is satisfactory but not...