ARMY | BCMR | CY2009 | 20090016680
Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic authority for the administrative separation of enlisted personnel. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides, in pertinent part, that the reasons for separating Soldiers from active duty and their corresponding SPD codes will be entered on the Soldiers' DD Forms 214. The evidence of record shows the applicant's RE code was assigned based on his discharge under...
ARMY | BCMR | CY2009 | 20090016681
The DD Form 214 he was issued at the time shows he was discharged for the good of the service in lieu of a court-martial with a character of service of under other than 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 service in Vietnam; the difficulties/challenges with respect to his father, mother, and sister; and the need to take care of...
ARMY | BCMR | CY2009 | 20090016682
The applicant requests correction of item 11 (Primary Specialty) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in military occupational specialty (MOS) 11B2O (infantryman) for 4 years and 9 months instead of 1 year and 4 months. Item 11 of the applicant's DD Form 214 shows he served in MOS 11B2O for 1 year and 4 months. Since basic training and AIT do not count for time determination in item 11, item 11 on his DD Form 214 should be corrected to...
ARMY | BCMR | CY2009 | 20090016684
The applicant, the daughter of a deceased former service member (FSM), requests, in effect, award of the Silver Star, the Bronze Star Medal, and the Presidential Unit Citation. The FSM's military records are not available to the Board for review. Army Regulation 600-8-22 (Military Awards) states the Silver Star is awarded for gallantry in action against the enemy.
ARMY | BCMR | CY2009 | 20090016688
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge, Combat Action Badge, and any other awards that may be missing from this document. The evidence of record shows the applicant served on active duty from 1965 to 1967. Records show the applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal with 1960 Device.
ARMY | BCMR | CY2009 | 20090016689
The DD Form 214 he was issued shows he completed 3 years and 10 days of creditable military service. The applicant contends that his separation date on his DD Form 214 should be corrected to show he was separated on 8 November 2002. There is no evidence that the applicant performed any period of active duty that would have warranted the issuance of a DD Form 214 subsequent to his retirement on 28 November 2000.
ARMY | BCMR | CY2009 | 20090016690
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 2 April 1971, nonjudicial punishment was imposed against the applicant for failing to go at the time prescribed to his appointed place of duty. On 2 June 1982, the Army Discharge Review Board denied the applicant's request for a discharge upgrade.
ARMY | BCMR | CY2009 | 20090016692
Application for correction of military records (with supporting documents provided, if any). The applicant requests his record be corrected to show the correct address at the time of his enlistment. 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.
ARMY | BCMR | CY2009 | 20090016693
Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons) of his DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Army Commendation Medal, Air Medal, and Aircraft Crewman Badge. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. As a result, the...
ARMY | BCMR | CY2009 | 20090016694
Five awards of the Army Achievement Medal occurred during the applicant's initial period of active duty service. Three awards of the Army Achievement Medal occurred during the applicant's second period of active duty 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 Good Conduct Medal (1st award) for the period 27 August 1985 to 2 June 1988; b. awarding the applicant the Good Conduct...
ARMY | BCMR | CY2009 | 20090016695
The applicant requests that his dishonorable discharge be upgraded to a general, under honorable conditions, discharge. Conviction and discharge were effected in accordance with applicable law and regulations and the discharge appropriately characterized the misconduct for which the applicant was convicted. The applicant's record contains no documented evidence of acts of valor or achievement warranting special recognition for clemency and an upgrade of his discharge.
ARMY | BCMR | CY2009 | 20090016696
Application for correction of military records (with supporting documents provided, if any). There are no orders in the applicant's personnel records which show he was awarded the PH or CIB. In the absence of any corroborating evidence which shows the applicant was wounded or injured as a result of hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.
ARMY | BCMR | CY2009 | 20090016698
The Statement of Service the applicant submits shows his periods of service between 22 June 1991 and 13 June 2007 and the OER he submits shows that his senior rater recommended that he not be promoted. d. is discharged for the final revocation of a security clearance under DODD 5200.2-R and Army Regulation 380-67 as a result of an act or acts of misconduct, including misconduct for which punishment was imposed, unless a discharge Under Other Than Honorable Conditions is appropriate. In...
ARMY | BCMR | CY2009 | 20090016700
The applicant's DA Form 20 also shows, in item 44 (Time Lost Under Section 972, Title 10, USC), he accrued 493 days of lost time during four separate periods of AWOL and one period of confinement between 16 October 1970 and 20 July 1972. The separation authority could issue an honorable discharge (HD) or general discharge (GD) under honorable conditions if warranted by the member's overall record of service; however, a UD was normally considered appropriate for members separating under...
ARMY | BCMR | CY2009 | 20090016704
The applicant's record shows he served in an enlisted status in the Regular Army (RA) and the Army National Guard (ARNG) from 8 October 1991 through 2 November 2001, and he was appointed a second lieutenant (2LT) in the ARNG on 3 November 2001. On 15 May 2009, the Commanding General, United States Army Special Operations Command, informed the applicant he had reviewed the SF Tab revocation action, the supporting documents, and the matters submitted in the applicant's behalf, and found the...
ARMY | BCMR | CY2009 | 20090016706
Application for correction of military records (with supporting documents provided, if any). It stipulated, in pertinent part, that a Soldier would be given a BCD pursuant only to an approved sentence of a general or special court-martial, and that the appellate review must be completed and affirmed before the sentence was ordered duly executed. The evidence of record confirms the applicant's conviction and discharge were effected in accordance with applicable law and regulations, and...
ARMY | BCMR | CY2009 | 20090016708
The available evidence does not show the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. Based on the applicant's overall service record the applicant's service does not meet the standards of acceptable conduct of duty for Army personnel. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
ARMY | BCMR | CY2009 | 20090016710
The applicant provides the following documentation: * a memorandum for Chairperson, Army Board for Correction of Military Records (ABCMR), dated 14 August 2009 * DA Form 2627 * a statement addressed to the Appellate Authority, 1st Brigade Combat Team, 1st Infantry Division * new drug testing results * testimony given by another Soldier to that Soldier's defense counsel * an excerpt from the Military Judges' Benchbook entitled, "3-37-2. In an undated memorandum to the brigade commander, the...
ARMY | BCMR | CY2009 | 20090016712
The applicant contends, in effect, that all traces of his court-martial should be removed from his OMPF or, if this is not possible, the court-martial documents should be transferred to the restricted portion of his OMPF because his NCOERs since that time show his professionalism and dedication to duty, but he has twice failed to be selected for promotion to SFC (E-7). The evidence of record shows that the court-martial order, dated 16 October 2003, is properly filed in the performance...
ARMY | BCMR | CY2009 | 20090016713
The applicant's last DD Form 214 shows he entered active duty this period on 26 November 1969; he was discharged on 1 October 1971 under Army Regulation 635-200, chapter 10 (Discharge for the Good of the Service); and his service was characterized as under other than honorable conditions. There is no evidence the applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge within its 15-year statute of limitations. There is no evidence, and the applicant...
ARMY | BCMR | CY2009 | 20090016714
Application for correction of military records (with supporting documents provided, if any). There are no medical records available which show the applicant was wounded or treated for wounds as a result of hostile action during his service in Southwest Asia. Therefore, in the absence of medical records or any other corroborating evidence to support the applicant's contention, there is an insufficient basis for award of the Purple Heart in this case.
ARMY | BCMR | CY2009 | 20090016715
IN THE CASE OF: BOARD DATE: 25 February 2010 DOCKET NUMBER: AR20090016715 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his general discharge be upgraded to a fully honorable discharge.
ARMY | BCMR | CY2009 | 20090016717
IN THE CASE OF: BOARD DATE: 4 May 2010 DOCKET NUMBER: AR20090016717 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The regulation in effect at the time of the applicant's separation provided for assigning the RE code of 3P to members separated by reason of physical disability and placed on the TDRL. _______ _ _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 | 20090016718
On 17 July 1998, the applicant was ordered to active duty as an obligated volunteer officer for 2 years in the rank of MAJ to fulfill an active Army requirement by U.S. Total Army Personnel Command Orders A-07-004023, dated 16 July 1998. There is no evidence that ARPERCEN Orders P-07-010109 releasing the applicant from active service effective 31 January 1998 and placing him on the Retired List effective 1 February 1998 in the rank of major (MAJ)/O-4 were amended or revoked. While the 24...
ARMY | BCMR | CY2009 | 20090016719
Records show he was placed in military confinement from 24 November 1999 to 2 December 1999. The regulation states the reason for discharge based on separation code "JKD is "misconduct" and the regulatory authority is Army Regulation 635-200, paragraph 14-12c(1). The applicant's RE code was administratively correct and in conformance with applicable regulations at the time of his separation.
ARMY | BCMR | CY2009 | 20090016720
The applicant requests upgrade of his undesirable discharge to a general under honorable conditions discharge. Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel. The applicant's service record shows he had received one Article 15 and was confined by civil authorities.
ARMY | BCMR | CY2009 | 20090016722
The applicant provides the following documents in support of his application: self-authored statement; Board for Correction of Military Records letter, dated 5 October 2007; Headquarters, United States Army Cadet Command (USACC) memorandum, dated 27 August 2007; Cadet Record Brief; Advanced Education Financial Assistance Record; USACC Scholarship Recoupment Debt memorandum; USACC Disenrollment memorandum, dated 26 September 2006; Texas State Army ROTC memorandum, dated 3 June 2005; DA Form...
ARMY | BCMR | CY2009 | 20090016724
The applicant states he sustained a fragment wound from an enemy mortar on 25 May 1968 and notes that the Purple Heart is not annotated on his 1968 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 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 Purple Heart for wounds sustained on 25 May 1968 as a result...
ARMY | BCMR | CY2009 | 20090016725
Application for correction of military records (with supporting documents provided, if any). The version in effect at the time directed that the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed would be entered in item 22c. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 22c of his DD...
ARMY | BCMR | CY2009 | 20090016729
IN THE CASE OF: BOARD DATE: 16 March 2010 DOCKET NUMBER: AR20090016729 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). The applicant requests that his record be corrected by removing an Article 15 from his Official Military Personnel Files (OMPF).
ARMY | BCMR | CY2009 | 20090016733
Chapter 11 specifies that upon expiration of the Soldier's term of enlistment, reenlistment, or period of statutorily obligated service, the Soldier will be discharged by the separation authority. Army Regulation 135-180 (ARNG and Army Reserve Qualifying Service for Retired Pay Nonregular Service), paragraph 2-1a, indicates that to be eligible for retired pay an individual does not need to have a military status at the time of application for retired pay, but must have: (1) attained age 60,...
ARMY | BCMR | CY2009 | 20090016736
However, there is no evidence in his records that show he was awarded MOS 25F or that he was issued a DD Form 214 for this period of service. He then completed 6 months and 10 days when he was ordered to active duty on 1 August 2006 (the DD Form 215 adjusted this date to 28 July 2006) and he was released from active duty on 7 February 2007. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
ARMY | BCMR | CY2009 | 20090016737
Application for correction of military records (with supporting documents provided, if any). Paragraph 2-4 (Completing the DD Form 214) of the separation documents regulation, contains item-by-item instructions for completing the DD Form 214. However, the DD Form 214 in use at the time of the applicants separation from active duty is not designed to show an individuals contribution to the MGIB.
ARMY | BCMR | CY2009 | 20090016738
On 7 February 2007, the Secretary of the Army approved the PRB recommendation to remove the applicant from the promotion list. The evidence of record confirms that the Secretary of the Army approved the PRBs recommendation to remove the applicants name from the FY06 ACC CPT PSL on 7 February 2007, based on derogatory information contained in his USAF official military file which was not made known at the time of the applicants transfer to the Army nor at the time his record was reviewed...
ARMY | BCMR | CY2009 | 20090016741
Application for correction of military records (with supporting documents provided, if any). The applicant requests upgrade of his general, under honorable conditions discharge (GD) to an honorable discharge (HD). On 2 August 1994, the unit commander notified the applicant he was initiating separation action on him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 14-12b, for a pattern of misconduct.
ARMY | BCMR | CY2009 | 20090016743
In 1968 during his tour of duty in Vietnam the applicant was: * Promoted to pay grade E-4 in April * Awarded the Combat Infantryman Badge in May * Awarded an Air Medal for meritorious achievement in June * Wounded as a result of hostile action on 25 August * Received "excellent" conduct and efficiency ratings 6. c. Like the Purple Heart, the Bronze Star Medal was awarded after the applicant departed Vietnam. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2009 | 20090016746
In view of the foregoing, it would be appropriate to correct the applicant's records to show he served continuously in the ARNGUS and KYARNG as a Reserve commissioned officer in the rank of MAJ (O-4) without any break in service since 31 July 2009 to the present. As a result, the Board recommends that all State Army National Guard and Department of the Army records of the individual concerned be corrected by showing he served continuously in the ARNGUS and KYARNG as a Reserve commissioned...
ARMY | BCMR | CY2009 | 20090016748
The applicant states that he was restored to active duty after completing 8 weeks of training. __________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) AR20090016748 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090016748 2 ARMY BOARD FOR CORRECTION OF MILITARY...
ARMY | BCMR | CY2009 | 20090016751
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant was separated under the provisions of Army Regulation 635-200, chapter 14; therefore, he was properly issued a separation code of JKA and an RE code of RE-3 in accordance with the applicable regulations. The applicant has failed to show through the evidence submitted or the evidence of record that he was issued the wrong separation and or RE codes at the time of his discharge.
ARMY | BCMR | CY2009 | 20090016753
On 13 January 1994, the applicant consulted with counsel and requested discharge for the good of the service under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 10. 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. The regulation states the reason for discharge based on separation code "KFS" is "in lieu of trial by court-martial" and the regulatory authority...
ARMY | BCMR | CY2009 | 20090016755
The applicant states, in effect, that he was wounded (twice) and treated for his wounds by his unit medic while serving in Vietnam. The author stated that the applicant was wounded a second time by enemy shrapnel. However, the evidence is insufficient for approval of his request.
ARMY | BCMR | CY2009 | 20090016759
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Iraq and all awards and decorations as a result of this service. The applicant states that his DD Form 214 does not show his service in support of Operation Iraqi Freedom and/or his service medals.
ARMY | BCMR | CY2009 | 20090016761
The applicant requests the following corrections to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge): * Purple Heart for wounds he received on 7 December 1967 * Combat Infantryman Badge * Air Medal * Parachutist Badge * Republic of Vietnam Campaign Medal with Device (1960) * overseas service bar * Expert Marksmanship Qualification Badge with Rifle and Machine Gun Bars * other medals to which he is entitled * Vietnam Combat Certificate * Airborne Course *...
ARMY | BCMR | CY2009 | 20090016764
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show a second award of the Army Commendation Medal. Therefore, he is entitled to correction of his records to show two awards of the Army Commendation Medal. The evidence of record shows the applicant was awarded the Vietnam Service Medal.
ARMY | BCMR | CY2009 | 20090016765
Item 3 (SSN) of the applicant's DD Form 398 (Statement of Personal History) dated 2 November 1970 shows his SSN as 358-44-XXXX. __________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) AR20090016765 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2009 | 20090016766
The applicant's DA Form 20 shows: * Item 40 (Wounds) he received a fragment wound to the posterior aspect of the right shoulder on 9 February 1971 * Item 41 (Awards and Decorations) does not include the Purple Heart 7. He is entitled to correction of his records to show this unit award. 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 injuries received on 9 February 1971, b. deleting...
ARMY | BCMR | CY2009 | 20090016768
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. 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. There is no evidence in the available records which shows...
ARMY | BCMR | CY2009 | 20090016769
The applicant's rank/grade appears as CPL on: * a DA Form 4187 (Personnel Action), signed by him on 20 February 1992 * separation orders, dated 24 March 1992 * a DA Form 2A (Personnel Qualification Record, Part 1), dated 18 June 1992, showing he was promotable 8. The applicant's record contains no evidence and he has failed to provide any evidence showing he was promoted to the rank/grade of SGT/E-5. Therefore, he is not entitled to correction of his records to show he was promoted.
ARMY | BCMR | CY2009 | 20090016770
The applicant states that he was wounded in action in the Republic of Vietnam but the Purple Heart is not listed on his DD Form 214. The evidence of record shows while assigned to the Republic of Vietnam the applicant sustained a gunshot wound to his scalp as a result of hostile action, on 20 September 1967. The evidence of record shows the applicant was awarded the Vietnam Service Medal.
ARMY | BCMR | CY2009 | 20090016771
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, upgrade of his 4 October 1972 discharge to an honorable discharge. Chapter 10 of the version in effect at the time provided that a member who committed an offense or offenses for which the authorized punishment included a punitive discharge, could submit a request for discharge for the good of the service at any time after court-martial charges were preferred,.