ARMY | BCMR | CY2009 | 20090016450
The service should be characterized as general under honorable conditions because he had served continuously with honor from his original enlistment on 13 November 1984 until he went absent without leave (AWOL) on 14 November 1991. c. Considering the "memoranda of input" that explained what a good Soldier and trainer he was and his overall record of service, characterizing his service as under other than honorable conditions was unjustified and inequitable. The discharge authority approved...
ARMY | BCMR | CY2009 | 20090016452
The applicant provides a copy of a certificate and citation to accompany General Orders Number 641, issued by Headquarters, 3rd Armored Division, on 15 December 1971, awarding him the Army Commendation Medal; a copy of his DD Form 214, dated 10 December 1971; and a copy of a letter, dated 25 May 2009, from the National Personnel Records Center, in support of his request. Headquarters, 3rd Armored Division, General Orders Number 641, dated 15 December 1971 show the applicant was awarded the...
ARMY | BCMR | CY2009 | 20090016458
The applicant requests award of the Combat Infantryman Badge (CIB). Evidence of record shows that USAHRC, Awards Branch, Alexandria, disapproved the applicant's request for award of the CIB because even though he submitted witness statements that his vehicle had been hit by an IED there was no evidence that his unit was engaged in active ground combat, to close with and destroy the enemy with direct fires. __________X______________ CHAIRPERSON I certify that herein is recorded the true and...
ARMY | BCMR | CY2009 | 20090016459
The advisory official recommended no change to the applicant's military records. A subsequent VA compensation for other conditions is not evidence of a PEB error. The Army rates only conditions determined to be physically unfitting at the time of discharge which disqualify the Soldier from further military service.
ARMY | BCMR | CY2009 | 20090016461
The applicant requests upgrade of his uncharacterized discharge. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)), paragraph 2-9 provides that the Board begins its consideration of each case with the presumption of administrative regularity. The applicant contends that his discharge should be upgraded so that he may enlist in the military.
ARMY | BCMR | CY2009 | 20090016466
The applicant's military personnel records contain a DD Form 293 (Application for Review of Discharge or Separation from the Armed Forces of the United States), dated 6 June 1972, that shows the applicant requested upgrade of his under other than honorable conditions discharge to a general discharge. The Army Discharge Review Board (ADRB), after consideration of the applicant's military records and all other available evidence, determined the applicant's discharge was proper and voted not...
ARMY | BCMR | CY2009 | 20090016469
e. Additional Charge II, Article 134, Plea: Not Guilty. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. The evidence of record does show the applicant was convicted by a GCM and he received a BCD.
ARMY | BCMR | CY2009 | 20090016473
The applicant requests an upgrade of his under other than honorable conditions discharge to a general discharge. The applicant's records show he enlisted in the Regular Army for a period of 4 years on 10 November 1981. Following consultation with legal counsel, he requested discharge for the good of the service in lieu of trial by court-martial in accordance with chapter 10 of Army Regulation 635-200 (Personnel Separations); c. In his request for discharge, the applicant would have...
ARMY | BCMR | CY2009 | 20090016476
The applicant's DD Form 214 for the period ending 12 November 1970 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, one Overseas Bar, and the Marksman Marksmanship Qualification Badge (M-14 Rifle). Evidence of record shows the applicant was awarded the Army Commendation 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 | BCMR | CY2009 | 20090016478
On 18 May 2009, the applicant acknowledged her commander's decision to discharge her under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 5, section III, paragraph 5-17, other designated physical or mental conditions. Army Regulation 635-200, chapter 5, paragraph 5-17 states, in pertinent part, that commanders who are special court-martial-convening authorities may approve separation under this paragraph on the...
ARMY | BCMR | CY2009 | 20090016480
The applicant, the daughter of a former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show award of the Bronze Star Medal, Army of Occupation Medal with Germany Clasp, and Distinguished Unit Citation (Presidential Unit Citation). The FSM's military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2009 | 20090016483
On 26 May 1964, the applicant's commander recommended that he be eliminated from the service under the provisions of Army Regulation 635-208 (Personnel Separations - Discharge - Unfitness) with an undesirable discharge. The board findings and recommendations were that sufficient cause did exist to discharge the applicant from the U.S. Army and that the applicant did not present sufficient evidence to the board in his own behalf to defer discharge. In addition, the board recommended he be...
ARMY | BCMR | CY2009 | 20090016485
The applicant's record shows she enlisted in the U.S. Army Reserve and entered active duty on 21 May 2002. The applicant's DD Form 214 shows she was discharged on 13 June 2002 under the provisions of chapter 5, Army Regulation 635-200 (Active Duty Enlisted Administration Separations), for a disability that existed prior to service with uncharacterized service. Although the applicant states that she no longer has asthma, she has provided no evidence to show that an RE code 3, which...
ARMY | BCMR | CY2009 | 20090016488
The DFAS letter further states that upon notification that the applicant's retirement orders had been revoked, they suspended his retired pay account and based on this information, the applicant is not retired nor is he listed as active duty and is not eligible for concurrent retirement or disability pay. The applicant is requesting that his military disability findings of separation with severance pay be changed to permanent disability retirement based on his claim that the PEB did not...
ARMY | BCMR | CY2009 | 20090016491
The applicant provides the following: * August 2005 informal Physical Evaluation Board (PEB) results * Various DD Forms 214 (Certificate of Release or Discharge from Active Duty) * September 2005 National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) * VA Rating Decisions dated 2001, 2006, and 2007 * December 2007 statement from the VA confirming the VA granted him a disability rating of 50% * 2009 Pulmonary Sleep Study CONSIDERATION OF EVIDENCE: 1. In the...
ARMY | BCMR | CY2009 | 20090016492
Item 33 does not show award of the Purple Heart. c. DVA medical reports dated 9 May and 22 April 2002 describe the applicant as having been shot in the left foot during WWII and that he was sent to a field hospital for treatment where he was put in a cast for about a month. Notwithstanding the applicant's sincerity, 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...
ARMY | BCMR | CY2009 | 20090016493
There are no orders in the applicant's personnel records which show he was awarded the CIB. Additionally appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. Therefore, there is insufficient evidence to show that the applicant has met all of the requirements for award of the CIB.
ARMY | BCMR | CY2009 | 20090016494
There are no orders or other evidence in the applicant's military personnel records that show he was awarded the Combat Infantryman Badge. However, there are no orders or other evidence that show he was awarded the Combat Infantryman Badge. 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 | 20090016502
The DD Form 214 issued to the applicant upon his discharge on 28 September 2000, shows he was separated under the provisions of chapter 10 of Army Regulation 635-200, with a characterization of service of UOTHC. On 20 April 2001, the applicant was notified the Army Discharge Review Board (ADRB), after carefully considering his entire military service record and the issues he presented, determined he had been properly and equitably discharged and it voted to deny his request for an upgrade...
ARMY | BCMR | CY2009 | 20090016505
The applicant also states upon separation from the Army in 2005, he received disability severance pay based on a 20 percent disability, 12 years of service, and the grade sergeant/E-5 (SGT/E-5). This official recommends no change to the applicants military record; however, if the Board is inclined to disregard the physical findings of the PEB and regulatory provisions in effect at the time, the applicant could be rated at 20 percent for his reduced flexion which would result in a total 30...
ARMY | BCMR | CY2009 | 20090016506
IN THE CASE OF: BOARD DATE: 13 May 2010 DOCKET NUMBER: AR20090016506 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of her military record to show she was accessed on active duty in the rank of lieutenant colonel (LTC) instead of major (MAJ). The evidence of record confirms that after official orders were published ordering the applicant to active duty in the rank of MAJ on 11 June 2009, she was promoted to LTC effective on and with a DOR of 16 July 2009...
ARMY | BCMR | CY2009 | 20090016507
IN THE CASE OF: BOARD DATE: 18 MAY 2010 DOCKET NUMBER: AR20090016507 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Applicant should have been awarded 1 year HPPED credit when he entered active duty on 15 June 2008. b. Applicants active duty order failed to award HPPED credit for completion of internship at the University of Pittsburgh between 1 July 2004 and 30 June 2005. c. HPPED represents a Medical Corps officer's period of creditable service for entitlement to special pay. A DA Form...
ARMY | BCMR | CY2009 | 20090016509
The applicant requests reconsideration of an earlier request to correct his military records to show he enlisted in the rank of specialist/pay grade E-4. The applicant states, in effect, that in 2008 the Army Review Boards Agency only granted partial relief (corrected his records to show he enlisted in the rank of private first class/pay grade E-3) because he provided a certificate and not a degree/diploma for his college credit. There is no evidence showing that he provided any advanced...
ARMY | BCMR | CY2009 | 20090016510
The applicant does not provide any supporting evidence with her application. She contends did not report for duty for 1 day because she was ill and that she did not accept an Article 15 for her unauthorized absence because she had told the charge of quarters she was ill. She contends she requested a trial by court-martial rather than accept an Article 15, but then based on her physical condition (pregnancy), she requested a chapter 10 discharge in lieu of trial by court-martial. In order...
ARMY | BCMR | CY2009 | 20090016511
Title 10, U.S. Code, section 3964, provides that a retired enlisted member or warrant officer of the Army who is retired with less than 30 years of active service is entitled, when his active service plus his service on the retired list totals 30 years, to be advanced on the retired list to the highest grade in which he satisfactorily served on active duty, (or, in the case if a member of the National Guard, in which he served on full-time duty satisfactorily), as determined by the Secretary...
ARMY | BCMR | CY2009 | 20090016512
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant's records show he enlisted in the Regular Army on 3 April 1979. On 3 May 1979, the applicant's immediate commander advised the applicant that he intended to recommend him for discharge from the Army under the provisions of paragraph 5-33 (TDP) of Army Regulation 635-200 (Personnel Separations).
ARMY | BCMR | CY2009 | 20090016513
The applicant requests, in effect, that his bad conduct discharge be upgraded to an honorable discharge. A discharge with characterization of service of under honorable conditions may be issued only when the reason for the Soldier's separation specifically allows such characterization. There is no evidence the applicant applied to the Army Discharge Review Board (ADRB) within its 15-year statute of limitations for an upgrade of his discharge.
ARMY | BCMR | CY2009 | 20090016514
The applicant's military record is not available to the Board for review. Although the applicant's record is believed to have been lost in a fire at the NPRC in 1973, his DD Form 214 confirms he completed 3 years of honorable active duty service. In view of the available information it would be appropriate to err in favor of the applicant and award him the AGCM for his qualifying period of honorable active duty service from 28 March 1956 through 27 March 1959 and to add this award to his...
ARMY | BCMR | CY2009 | 20090016515
The applicant requests correction of his 1969 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge. There is no evidence he was ever awarded the Combat Infantryman Badge. However, while the applicant may very well have been eligible for award of the Combat Infantryman Badge based on his performance of duties as a radio operator in Vietnam, unfortunately, in the absence of evidence confirming the applicant participated...
ARMY | BCMR | CY2009 | 20090016516
On 8 June 1970, the separation authority approved the applicants discharge under the provisions of Army Regulation 635-212 for unfitness and directed the applicant receive a UD. There is no evidence of record to show that the applicant ever submitted a request to the Army Discharge Review Board (ADRB) for an upgrade of his discharge within that board's 15-year statute of limitations. The record further shows that after being counseled on his rights, the applicant voluntarily elected to...
ARMY | BCMR | CY2009 | 20090016517
The applicant requests that his honorable discharge be changed to a general under honorable conditions discharge. The applicants military records are not available to the Board for review. He served as a clerk typist and was honorably released from active duty on 19 June 1958 under the provisions of Army Regulation 635-200 (Personnel Separations - General Provisions for Discharge and Release) and Army Regulation 635-250 (Personnel Separations - Release to National Guard and Army Reserve)...
ARMY | BCMR | CY2009 | 20090016518
There were no medical records available to the Board and the applicant did not provide any medical records. The applicant states that she was diagnosed as having rhabdomyolysis and was told that her medical condition existed prior to service. In this case, the applicant has failed to provide sufficient creditable evidence to rebut this presumption.
ARMY | BCMR | CY2009 | 20090016519
The applicant requests that he be awarded the Combat Infantryman Badge (CIB). There are no orders in the applicants personnel records to show that he was awarded the CIB. In the absence of evidence that the applicant actively participated in combat while assigned to an infantry unit and holding an infantry MOS, there is insufficient evidence upon which to base award of the CIB in this case.
ARMY | BCMR | CY2009 | 20090016520
The applicant states that the Combat Infantryman Badge was omitted from his records as he served continuously for 12 months as a cavalry platoon leader supervising and engaging with infantry units in combat. The applicant's records also show the following: a. This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty and required that they must have...
ARMY | BCMR | CY2009 | 20090016522
However, an award of a higher VA rating does not establish error or injustice in the Army rating. The VA, which has neither the authority nor the responsibility for determining physical fitness for military service, awards disability ratings to veterans for conditions that it determines were incurred during military service and subsequently affect the individual's employability. While the VA found the applicant had medical conditions that were determined to be service connected and subject...
ARMY | BCMR | CY2009 | 20090016525
Application for correction of military records (with supporting documents provided, if any). The applicant's military record is not available to the Board for review. The applicant's DD Form 214 shows he was discharged under the provisions of chapter 10, Army Regulation 635-200 for the convenience of the government in lieu of trial by court-martial on 18 October 1971.
ARMY | BCMR | CY2009 | 20090016526
On 9 April 2003 after review of the chapter action for the applicant, the attorney-advisor determined the applicant's infractions detailed in his separation action clearly constituted a pattern of misconduct and found it legally sufficient to support separation under the provisions of paragraph 14-12b, Army Regulation 635-200. On 7 August 2003, the separation authority approved the applicant's separation action and directed he be separated under the provisions of paragraph 14-12b, Army...
ARMY | BCMR | CY2009 | 20090016527
The applicant provides a self-authored statement; Decree of Divorce; a Findings of Fact, Conclusions of Law and Judgment; State of Alaska, Fourth Judicial District Court Order; Defense Finance and Accounting Service (DFAS) letter, dated 22 January 2009; Retiree Account Statements; third-party letter; and DFAS letters, dated 17 February 2009 and 11 June 2009. On 22 January 2009, in response to an application for payment from the former spouse DFAS informed her that if her divorce decree...
ARMY | BCMR | CY2009 | 20090016528
On 30 March 1972, the separation authority approved the applicants discharge under the provisions of Army Regulation 635-212 by reason of unfitness and directed that the applicant be furnished an Undesirable Discharge Certificate. 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. This program, known as the DOD Discharge Review Program (Special) (SDRP) required, in the...
ARMY | BCMR | CY2009 | 20090016530
The applicant requests, in effect, that item 12a (Date Entered Active Duty (AD) This Period) and item 12c (Net Active Service This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected. The applicant states, in effect, that item 12a of his DD Form 214 should be corrected to show he entered active duty on 18 October 2000, and as a result, the total active duty service listed in item 12c should be corrected accordingly. The applicant provides his DD...
ARMY | BCMR | CY2009 | 20090016531
The applicant states that he was unprepared to meet the stresses of military duty as prescribed by standards in the Honor Guard at 17 years of age and having come from such a dysfunctional background. The regulation stated that when separation for unsuitability was warranted, an honorable or general discharge would be issued as warranted by the individual's military record. The applicant's brief record of service included two nonjudicial punishments.
ARMY | BCMR | CY2009 | 20090016533
Application for correction of military records (with supporting documents provided, if any). The applicant's official military personnel file is void of any orders or other documents that indicate the applicant was ever awarded the PH by proper authority while serving on active duty. As a result, absent any evidence of record or independent evidence provided by the applicant that confirms he was wounded as a result of enemy action while serving in the RVN, it would not be appropriate or...
ARMY | BCMR | CY2009 | 20090016534
The applicant states, in effect, that he was injured on 12 May 1965 in the Dominican Republic and was never awarded the Purple Heart. The applicant provides service medical records, Medical Board Proceedings, Physical Evaluation Board Proceedings, documentation from the Department of Veterans Affairs, and a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge from Active Duty) for the period ending 16 August 1973 in support of his application. ...
ARMY | BCMR | CY2009 | 20090016535
However, while he was in a medical hold status, the promotion points dropped below 750, but he was not promoted. A DA Form 3355 (Promotion Point Worksheet) shows the applicant appeared before the E-6 promotion board and was recommended for promotion to E-6 in military occupational specialty 95B (MP). ABCMR Record of Proceedings (cont) AR20090016535 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090016535 2 ARMY BOARD FOR...
ARMY | BCMR | CY2009 | 20090016536
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Item 1 (Acknowledgement) of his DA Form 3286/84 (Statement of Enlistment) shows he enlisted in his former MOS, 91A, and that he would not need/receive any further training. Item 12 shows the Record of Service.
ARMY | BCMR | CY2009 | 20090016538
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant states that he had two honorable discharges before the UOTHC discharge. There is no evidence of record which indicates the actions taken in his case were in error or unjust, therefore, there is no basis for granting the applicant's request for an upgrade of his discharge to honorable.
ARMY | BCMR | CY2009 | 20090016539
The applicant requests that his records be corrected to show his home of record prior to mobilization as San Francisco, CA (94131), not San Rafael, CA (94903). The 25 August 2008 DA Form 5960 lists the applicant's home address as San Francisco, CA. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant's home of record as San Francisco, CA, effective 1 August 2008.
ARMY | BCMR | CY2009 | 20090016540
That applied to enlisted Soldiers who were in entry-level status and before the date of the initiation of separation action, had completed no more than 180 days (3 months) of creditable continuous active duty or active duty for training. Army Regulation 601-210 (Active and Reserve Components Enlistment Program), in effect at the time, provided that prior to discharge or release from active duty, individuals would be assigned RE codes based on their service records or the reason for...
ARMY | BCMR | CY2009 | 20090016544
The applicant requests, in effect, transfer of a DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)) from the performance portion to the restricted portion of his Official Military Personnel File (OMPF). The applicant submitted an appeal to the DASEB requesting the transfer of the Article 15 from the performance portion to the restricted portion of his OMPF. His records show that he regained his E-6 pay grade on 1 November 2007 and he has provided...
ARMY | BCMR | CY2009 | 20090016545
Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. Although the applicant contends that his DUI in 1993 was an isolated incident, the evidence of record shows that nonjudicial punishment was imposed against him in October 1992 for drunk driving. Therefore, the applicant's record of service is insufficiently meritorious to warrant a general discharge.