ARMY | BCMR | CY2009 | 20090016146
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Department of Veterans Affairs (VA) Form 10-5345 (Request for and Authorization to Release Medical Records or Health Information), c. Veteran Information Form, d. Military History, e. Health History Data Sheet, f. Comprehensive Military History - Generic, g. Intake Assessment and Mental Status Evaluation, h. Client Treatment Plan, i. letter from the VA, j. Fort Bayard Medical Center Yucca Lodge medical summary, and k. letter from the...
ARMY | BCMR | CY2009 | 20090016149
The applicant's military records show he enlisted in the Regular Army, in pay grade E-4 on 20 June 1979, with prior enlisted service in the U.S. Army Reserve. This DD Form 214 shows the applicant was discharged on 21 June 1984, in pay grade E-1, under the provisions of chapter 10, Army Regulation 635-200 (Enlisted Separations), for the good of the service in lieu of court-martial with an under other than honorable conditions (UOTHC) discharge. There is no evidence the applicant applied to...
ARMY | BCMR | CY2009 | 20090016155
On 6 May 2010, the applicant responded to the request by providing a notarized DD Form 2656 in which his spouse concurs with his reduced SBP election. The evidence also shows the applicant tracked his election and was informed it was complete and would be processed, only to find out when he received retired pay that his reduced-amount level of SBP coverage election was, in fact, not accepted because a notary had not signed his DD Form 2656. Given the applicant believed he had properly...
ARMY | BCMR | CY2009 | 20090016156
The applicant requests, in effect, correction 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), the Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, two awards of the Meritorious Unit Commendation, the Valorous Unit Award, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and the Sharpshooter Marksmanship Qualification Badge...
ARMY | BCMR | CY2009 | 20090016159
Application for correction of military records (with supporting documents provided, if any). The SPD/RE Code Cross Reference Table in effect at the time provided for assigning an RE-3 code to members separated under these provisions with an SPD code of MCF. By regulation, members separated under the provisions of paragraph 5-17, Army Regulation 635-200, in order to attend school are assigned an SPD code of MCF and a corresponding RE code of 3.
ARMY | BCMR | CY2009 | 20090016164
Application for correction of military records (with supporting documents provided, if any). 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. On 30 August 1979, the U.S. Army Court of Military Review, having found the approved findings of guilty and the sentence correct in law and fact...
ARMY | BCMR | CY2009 | 20090016177
The applicant provides copies of her 1998 and 2008 Appointment Memoranda, Chronological Statement of Retirement Points, Officer Record Brief, 2003 promotion memorandum, DA Form 2-1 (Personnel Qualification Record Part II), DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers), Statement for Enlistment package, and active duty orders. The applicants military records show she was appointed in the USAR, ANC, as a second lieutenant, effective 2 March 1998, with 9...
ARMY | BCMR | CY2009 | 20090016178
His DA Form 20 (Enlisted Qualification Record) shows: a. he was advanced to specialist four (SP4)/E-4 on 8 July 1969; b. he served in Vietnam with the 47th Transportation Company, from 17 February 1968 through 24 February 1969; 17th Combat Aviation Group from 25 February 1969 through 4 March 1969; and the 119th Aviation Company from 5 March 1969 through 16 April 1970; c. his conduct and efficiency rating were exclusively "excellent"; d. he participated in five campaigns in Vietnam; e. he had...
ARMY | BCMR | CY2009 | 20090016179
The applicant requests his 1976 discharge be corrected to show he was medically discharged due to spinal disease. No service medical records were available for review. The applicant's record does not contain any evidence that shows he applied to the Army Discharge Review Board to have his discharge upgraded within that board's statute of limitations.
ARMY | BCMR | CY2009 | 20090016181
Application for correction of military records (with supporting documents provided, if any). Item 12 (Record of Service) of the applicant's DD Form 214 shows: 12a. He was, therefore, discharged on 29 September 1974 and provided a DD Form 214 for that period of service.
ARMY | BCMR | CY2009 | 20090016192
IN THE CASE OF: BOARD DATE: 4 May 2010 DOCKET NUMBER: AR20090016192 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant provides: * electronic mail (email) correspondence between himself and an Army official * a Request for Exception to Policy Regarding Excess Shipping Costs, dated 22 May 2009 * Orders 65-1, dated 6 March 2009 * his and his daughter's Officer Record Brief (ORB) * Assignment Instructions * Orders 48-02, dated 17 February 2006 * Headquarters, United States Military...
ARMY | BCMR | CY2009 | 20090016193
The applicant's military records show he enlisted in the Regular Army on 13 October 1976. At the time, a discharge under other than honorable conditions was normally considered appropriate. Even though the applicant's records do not contain his discharge packet, the evidence indicates he was voluntarily discharged under the provisions of Army Regulation 635-200 in lieu of trial by court-martial.
ARMY | BCMR | CY2009 | 20090016194
He also requests correction of his DD Form 214 for the period ending 21 February 1973 to show 2 years of foreign service in Vietnam as he also served in Vietnam in 1968 - 1969. This document shows he completed a total 5 years, 9 months, and 10 days of active military service. Any service the applicant had in Vietnam during the 1968-1969 time frame would be shown on the applicant's DD Form 214 for the period ending 21 February 1969, which shows 1 year of foreign service in item 22c for that...
ARMY | BCMR | CY2009 | 20090016196
The applicant requests retroactive payment of Board Certification Pay (BCP) from January 2008 to August 2009. Therefore, he is entitled to payment of BCP in arrears for the period 1 January 2008 through 30 September 2008 utilizing a HPPED Date or finance MS-Pay-Date of 16 June 1994, for the correct pay rate level. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. having DFAS audit the applicant's pay record to...
ARMY | BCMR | CY2009 | 20090016199
IN THE CASE OF: BOARD DATE: 01 April 2010 DOCKET NUMBER: AR20090016199 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his records be corrected to show his retired grade as chief warrant officer four (CW4). 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 ending 30 April 2009 to show his rank as CW4 in Item 4a, his pay grade as WO4 in Item 4b, and his...
ARMY | BCMR | CY2009 | 20090016202
The applicant states, in effect, that her DD Form 214 should show her foreign service tour for Operation Uphold Democracy in Haiti and award of the AFEM for this period of service. Army Regulation 600-8-22 (Military Awards) provides for award of the AFEM for participation in Operation Uphold Democracy in Haiti from 16 September 1994 to 31 March 1995. Based on the applicant's documented deployment in support of Operation Uphold Democracy, she is entitled to correction of her record to show...
ARMY | BCMR | CY2009 | 20090016203
Accordingly, on 22 October 1991, the applicant was discharged under honorable conditions (general) under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct commission of a serious offense. However, that board denied his request for an upgrade of his discharge from general to fully honorable. Paragraph 3-7b of Army Regulation 635-200 provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2009 | 20090016205
IN THE CASE OF: BOARD DATE: 20 April 2010 DOCKET NUMBER: AR20090016205 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Based on his application, the Army Board for Correction of Military Records (ABCMR) corrected his records to show he retired in the rank/grade of LTC/O-5. Records also show he would have incurred an active duty service obligation of 2 years (i.e., 22 years of active service) and continue to receive consideration for promotion by Department of the Army promotion selection...
ARMY | BCMR | CY2009 | 20090016209
Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant's tenure of assignment to the 71st Aviation Company, 14th Aviation Battalion, 23rd Infantry Division the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February - 31 March 1971 by Department of the Army General Orders (DAGO) 42, dated 1972 and for the period 1 April - 30 April 1971 by DAGO 6, dated 1974. ...
ARMY | BCMR | CY2009 | 20090016211
ARMY | BCMR | CY2009 | 20090016212
His record contains a DD Form 47 (Record of Induction) that does not list an SSAN because it was not used at the time. The applicant's DA Form 20 (Enlisted Qualification Record) prepared on 31 October 1966 upon his entry on active duty lists the SN he now claims is incorrect in item 1 (Name and Service Number). The evidence of record confirms the applicant was inducted into the Army and entered active duty on 25 October 1966, as evidence by the DD Form 47 on file.
ARMY | BCMR | CY2009 | 20090016217
The applicant requests her husband's 1971 discharge under other than honorable conditions be upgraded. The FSM's record doesn't contain any evidence he applied to the Army Discharge Review Board to have his discharge upgraded. 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.
ARMY | BCMR | CY2009 | 20090016218
The applicant states while serving in Korea in 1951, he was convicted of a crime he did not commit. These records are not available for review. On 8 August 1951, a U.S. Army Board of Review, after considering many of the errors considered by the SJA and presented in the assignment of errors document provided by the applicant's appellate defense counsel affirmed the findings of guilty and the sentence.
ARMY | BCMR | CY2009 | 20090016219
Application for correction of military records (with supporting documents provided, if any). The applicant's WD AGO Form 53-55 does not include the PH in the list of awards in item 33, and item 34 contains the entry "none" which indicates he was never wounded in action. Absent any available evidence corroborating the applicant's claim he was wounded in action, or that shows he sustained a wound as a result of enemy action that required treatment by military medical personnel, the...
ARMY | BCMR | CY2009 | 20090016222
Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic authority for the administrative separation of enlisted personnel. Army Regulation 635-200 provides that a general discharge is a separation from the Army under honorable conditions. There is no record of disciplinary action during his first enlistment and he was issued an honorable discharge for that period of service.
ARMY | BCMR | CY2009 | 20090016226
The applicant requests, in effect, that his undesirable discharge be upgraded. In his request for discharge, the applicant acknowledged he understood that if the discharge request was approved, he could be discharged under other than honorable conditions and furnished an Undesirable Discharge Certificate. Although an honorable or general discharge is authorized, an undesirable discharge was considered appropriate at the time.
ARMY | BCMR | CY2009 | 20090016227
Application for correction of military records (with supporting documents provided, if any). The DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to the applicant on the date of his discharge shows he was discharged under the provisions of chapter 3, Army Regulation 635-200, by reason of court-martial and received a BCD. Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the...
ARMY | BCMR | CY2009 | 20090016230
The applicant previously stated that when he retired, he was married to Maria and elected SBP spouse coverage. 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 AR20090003862 on 25 August 2009. The evidence of record shows that prior to his retirement, the applicant elected to participate in the SBP for spouse coverage.
ARMY | BCMR | CY2009 | 20090016231
Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or is authorized the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Campaign Medal with Device (1960). Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had...
ARMY | BCMR | CY2009 | 20090016234
The applicant states, in effect, he received a Clemency Discharge in 1976; however, he is not sure if he submitted a request to upgrade his discharge. At the time of his discharge the applicant had completed 3 months and 26 days of net active service during the period of service under review. Service discharge review boards and correction boards are not empowered to change the Clemency Discharge, but may review the underlying circumstances of the discharge.
ARMY | BCMR | CY2009 | 20090016238
The evidence of record shows the applicant was awarded the Vietnam Service Medal. With respect to his SSN, the evidence of record shows that the applicant used his service number throughout his military service. 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 Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 7 January 1966 through 29...
ARMY | BCMR | CY2009 | 20090016241
Application for correction of military records (with supporting documents provided, if any). For periods before 1 January 2004 (the date this statute was amended), members had to have disabilities for which they have been awarded the Purple Heart and are rated at least 10-percent disabled or who are rated at least 60-percent disabled as a direct result of armed conflict, specially hazardous duty, training exercises that simulate war, or caused by an instrumentality of war. Without evidence...
ARMY | BCMR | CY2009 | 20090016242
Army Regulation 15185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR). The ABCMR will decide cases based on the evidence of record. The applicant states his DD Form 214 shows he was discharged for a pattern of misconduct.
ARMY | BCMR | CY2009 | 20090016244
IN THE CASE OF: BOARD DATE: 23 March 2010 DOCKET NUMBER: AR20090016244 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. There is no evidence of record which shows the applicant was assigned to the 2nd Battalion, 329th Infantry, during World War II. ABCMR Record of Proceedings (cont) AR20090016244 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090016244 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2009 | 20090016245
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as xxx-xx-xx6x instead of xxx-xx-xx8x. 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. _______ _ X _______ ___ CHAIRPERSON I certify that...
ARMY | BCMR | CY2009 | 20090016247
The applicant requests that his 20 March 2009 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show 4 years and 1 month of total prior active service. However, item 12d (Total Prior Active Service) of his 2009 DD Form 214 should show 4 years and 1 month. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 12d of his 20 March 2009 DD Form 214 "0002 10 09" of prior active service.
ARMY | BCMR | CY2009 | 20090016248
It also shows that the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 to 1 February 1970 by Department of the Army General Order Number 42, dated 1972. The applicant requests correction of his records to show three awards of the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Purple Heart and the Vietnam Service...
ARMY | BCMR | CY2009 | 20090016249
The applicant requests that his award of the Combat Infantryman Badge be shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). There are no orders in the applicant's military personnel records that 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...
ARMY | BCMR | CY2009 | 20090016255
Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st award) for his period of service from 17 November 1965 through 11 September 1967. 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; b. awarding him the Army Good Conduct Medal (1st award) for his period of service from 17 November 1965 through 11 September 1967;...
ARMY | BCMR | CY2009 | 20090016258
Evidence of record shows the applicant enlisted and served using the name of DLM throughout his RA military service. _______ _ 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) AR20090016258 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090016258 3 ARMY BOARD FOR...
ARMY | BCMR | CY2009 | 20090016259
The applicant requests his service records be corrected to show his first name as MIECESLAUS instead of MECESLAUS. Evidence of record shows the applicant enlisted and served using the first name of MECESLAUS throughout his entire period of service. _______ _ _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 | 20090016264
Application for correction of military records (with supporting documents provided, if any). The applicant provides a self-authored statement and his DD Form 214 (Report of Separation from the Armed Forces of the United States) in support of his application. The applicant's military records are not available to the Board for review.
ARMY | BCMR | CY2009 | 20090016269
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). Further, 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. As a result, absent any evidence of record confirming the applicant's asserting that he was awarded the PH or that shows he was ever wounded in action, the...
ARMY | BCMR | CY2009 | 20090016280
The applicant requests correction of his records to show his date of rank (DOR) to captain as 1 October 1997. This regulation specifies that an officer serving in the grade of first lieutenant on the ADL who has been selected for promotion to captain but who has not been promoted by the time the officer transfers to the reserve active status list (RASL) in the same competitive category, will be placed on an appropriate Reserve of the Army promotion list. Based on his DOR to captain his PED...
ARMY | BCMR | CY2009 | 20090016282
The applicant states the following: a. he was not afforded due process when he was medically retired from the Army National Guard (ARNG) and placed on the "Permanent Disability Retired List" without being processed through the PDES; b. he twice forwarded his discharge orders, National Guard Bureau (NGB) Form 22E (Report of Separation and Record of Service), NGB Form 23B (Army National Guard (ARNG) Retirement Points History Statement), DD Form 108 (Application for Retired Pay Benefits), and...
ARMY | BCMR | CY2009 | 20090016286
On 9 December 1985, the separation authority directed that the applicant be reduced to the lowest enlisted rank and separated under the provisions of chapter 14, Army Regulation 635-200 with a UOTHC discharge. The DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to the applicant upon his discharge shows he was discharged under the provisions of paragraph 14-12c, Army Regulation 635-200, by reason of commission of a serious offense, and received a UOTHC discharge. A...
ARMY | BCMR | CY2009 | 20090016290
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 then served in the US Army Reserve (USAR) or Army National Guard (ARNG) between 11 July 1970 and 22 April 1998. It states in the case of a member of the Selected Reserve who no longer meets the qualifications for membership because the member is unfit because of physical disability, the Secretary may, for the...
ARMY | BCMR | CY2009 | 20090016291
This form also shows his rank as Specialist 2 (T) [temporary] with a date of rank of 19 December 1955. A copy of a noncommissioned officer (NCO)/specialist program appointment letter, dated 13 March 1957, states the applicant's personnel records indicated he converted to a specialist status on or about 1 July 1955; however, there was no record of his acceptance or declination of the rank designation. The applicant also states that he does not know what rank a SP5 is.
ARMY | BCMR | CY2009 | 20090016292
Permanent orders show the applicant was awarded two Army Achievement Medals for service or achievement, which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards. The evidence of record shows he was issued permanent orders on 28 April 2009 promoting him to SGT/E-5 on 1 May 2009. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from items 4a, 4b,...
ARMY | BCMR | CY2009 | 20090016293
IN THE CASE OF: BOARD DATE: 16 March 2010 DOCKET NUMBER: AR20090016293 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant, the widow of a deceased former service member (FSM), requests upgrade of the FSM's under other than honorable conditions discharge to a general, under honorable conditions discharge. The FSMs record contains a copy of a DD Form 458 (Charge Sheet), dated 16 August 1984, which documents the following charges: a.