ARMY | BCMR | CY2009 | 20090016772
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his retirement DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Purple Heart and awards highlighted on an Information Paper for Military Awards, specifically, the Legion of Merit, Bronze Star Medal with four oak leaf clusters, Vietnam Service Medal with four bronze service stars, Combat Infantryman Badge, and the...
ARMY | BCMR | CY2009 | 20090016773
On 9 June 2008, the applicant was ordered to active duty to obtain 20 years of active Federal service under the Extended Active Duty (EAD) Sanctuary Program. The applicant's records show he was honorably retired on 30 November 2009 and was placed on the retired list in his retired rank/grade of MAJ/O-4. The applicant in this case completed 8 months and 28 days of active service in the promoted grade upon his retirement on 30 November 2009.
ARMY | BCMR | CY2009 | 20090016774
Application for correction of military records (with supporting documents provided, if any). Department of the Army letter orders, dated 16 April 1969, awarded the applicant the Army Commendation Medal for meritorious service from December 1967 to June 1969. The applicant was awarded the Army Commendation Medal on 16 April 1969; however, this award was not properly recorded in his records and was not listed on his DD Form 214.
ARMY | BCMR | CY2009 | 20090016775
It was the opinion of this examiner that discharging the member from the Army in accordance with paragraph 5-13, Army Regulation 635-200 (Personnel Separations), is in the best interests of both the individual and the Army. The separation authority approved the applicant's separation under the provisions of paragraph 5-13, Army Regulation 635-200, due to a personality disorder and directed that the applicant receive an honorable discharge. Evaluations revealed no current anxiety symptoms,...
ARMY | BCMR | CY2009 | 20090016776
Army Regulation 672-5-1, 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. The available evidence shows the applicant suffered a foot injury in the Republic of Vietnam on 13 September 1969. 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 Purple Heart for wounds received in action in...
ARMY | BCMR | CY2009 | 20090016779
The applicants military records are not available to the Board for review. His wound was never recorded. Award of the Purple Heart requires a Soldier to having been injured or wounded by hostile action, the wound must have required treatment by medical personnel, and the medical treatment for wounds or injuries received in action must have been made a matter of official record.
ARMY | BCMR | CY2009 | 20090016780
Application for correction of military records (with supporting documents provided, if any). On 19 June 1979, the United States Army Court of Military Review affirmed the findings and sentence in the applicant's case after determining they were correct in law and fact. Headquarters, 7th Infantry Division and Fort Ord, California, SPCM Order Number 96, dated 7 November 1980, shows the applicant's conviction and sentence had been affirmed pursuant to Article 66 of the UCMJ and directed,...
ARMY | BCMR | CY2009 | 20090016782
The advisory opinion states the recommendation is in accordance with the DA Office of the Deputy Chief of Staff G-1 amendment to a policy memorandum, dated 14 January 2005, which states all Reserve Component officers (USAR and ARNG of the United States) in the rank of second lieutenant will be promoted by the Human Resources Command Office of Promotions (Reserve Components) or the NGB, as appropriate, to first lieutenant when they meet the 24-month time-in-grade requirement for promotion and...
ARMY | BCMR | CY2009 | 20090016783
Although the applicant requests his military records be corrected to show a combat duty assignment while assigned to Thailand and a TDY assignment in Vietnam in May 1968, the governing regulation states that there is no provision to show any assignment other than the unit of assignment upon separation on the DD Form 214. Therefore, his military records should be corrected to show the Vietnam Service Medal with three bronze service stars. As a result, the Board recommends that all...
ARMY | BCMR | CY2009 | 20090016784
The applicant requests upgrade of his under other than honorable conditions discharge. On 19 April 1976, the separation authority approved the applicant's request for discharge and directed that he receive an under other than honorable conditions discharge. On 20 April 1976, the applicant was discharged accordingly.
ARMY | BCMR | CY2009 | 20090016788
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by adding to Item 14 (Military Education) the Signal Officer Basic Course and the Basic Airborne Course. From 30 July through 9 December 1995, he served on active duty for training in order to attend the Signal Officer Basic Course at Fort Gordon, GA. 3. The applicant wants the Signal Officer Basic Course and the Basic Airborne Course added to his DD Form 214.
ARMY | BCMR | CY2009 | 20090016790
The applicant requests reconsideration of an earlier request for award of the Republic of Korea Presidential Unit Citation (ROKPUC) for the period 19 September 1950 to June 1952. Evidence of record shows the applicant was assigned to the 1st Field Artillery Observation Battalion during his assignment in Korea. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the ROKPUC, the Meritorious Unit Commendation, the...
ARMY | BCMR | CY2009 | 20090016792
On 23 September 1987, the applicants company commander recommended she be discharged from the Army under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 7-17(b)(8). On the same day, the applicants company commander notified the applicant of his intent to initiate action to effect her discharge based on evidence of her having custody of her children. She was discharged from the Army in accordance with pertinent regulations and Item 28 of...
ARMY | BCMR | CY2009 | 20090016794
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. Army Regulation 635-200 (Enlisted Separations), then in effect, provided for the discharge of personnel who fraudulently entered the service. The evidence of record conclusively shows the civil convictions which were concealed by the...
ARMY | BCMR | CY2009 | 20090016795
The applicant requests upgrade of his under other than honorable conditions discharge to a general under honorable conditions discharge. On 22 July 1980, the separation authority approved the applicant's request for discharge and directed he receive an under other than honorable conditions discharge. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2009 | 20090016796
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests an upgrade of his general discharge to an honorable discharge. The regulation states, in pertinent part, that an under other than honorable conditions discharge is normally appropriate for a Soldier discharged under this chapter.
ARMY | BCMR | CY2009 | 20090016799
On 18 September 1980, the Army Discharge Review Board denied the applicant's request for an upgrade of his discharge. In order to justify correction of a military record, the applicant must show or it must otherwise satisfactorily appear that the record is in error or unjust. _______ _ _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 | 20090016800
The applicant requests, in effect, correction of his records to show he completed a DD Form 4 (Enlistment or Reenlistment Document) and DA Form 3540 (Certificate and Acknowledgment of U.S. Army Reserve Service Requirements and Methods of Fulfillment) reenlisting in the Individual Ready Reserve (IRR) for an indefinite period of time prior to his expiration term of service of 21 September 2005. The applicant's military records show he enlisted in the U.S. Marine Corps on 27 September 1977 and...
ARMY | BCMR | CY2009 | 20090016805
This separation document shows he was discharged under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations), for the good of the service in lieu of trial by court-martial and that he received a UOTHC discharge. A UOTHC discharge is normally appropriate for a Soldier who is discharged in lieu of trial by court-martial. His overall record of service did not support the issuance of an HD or GD at the time of his discharge and does not support an upgrade of his discharge now.
ARMY | BCMR | CY2009 | 20090016806
He states that he needs his Purple Heart orders. There is no evidence in the available records which show the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. There is no evidence of record which shows that the applicant was injured or wounded as a result of hostile action in Vietnam.
ARMY | BCMR | CY2009 | 20090016808
a. SPD code "JFI" for disability, severance pay, combat-related, is used for discharge resulting from physical disability with combat-related severance pay and entitlement. b. SPD code "JFO" for disability, severance pay, non-combat related, is used for discharge resulting from physical disability with non-combat related severance pay and entitlement. c. SPD code "JEA" for disability, severance pay, non-combat related (enhanced), is used for discharge resulting from physical disability...
ARMY | BCMR | CY2009 | 20090016811
IN THE CASE OF: BOARD DATE: 23 March 2010 DOCKET NUMBER: AR20090016811 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). The applicant requests an upgrade of his discharge from undesirable to general under honorable conditions.
ARMY | BCMR | CY2009 | 20090016812
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility on or after 11 September 2001 to a future date to be determined. DISCUSSION AND CONCLUSIONS: The evidence of record shows the applicant served a qualifying period...
ARMY | BCMR | CY2009 | 20090016823
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: a. award of the Bronze Star Medal, b. award of the Army Commendation Medal, and c. completion of the Arabic Language Course. The applicant provides copies of his DD Form 214, a Defense Language Institute diploma, a DA Form 4980-5-WT (Bronze Star Medal Certificate), and a DA Form 4980-14 (Army Commendation Medal Certificate) as documentary evidence in support of this...
ARMY | BCMR | CY2009 | 20090016828
IN THE CASE OF: BOARD DATE: 18 February 2010 DOCKET NUMBER: AR20090016828 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that a DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)) be expunged from the restricted section of his official military personnel file (OMPF). The applicant essentially states that per Army Regulation 27-10 (Military Justice), only Soldiers holding the rank of sergeant and above will have...
ARMY | BCMR | CY2009 | 20090016830
The applicant requests that he be paid $40,000.00 in Army College Fund (ACF) benefits as outlined in his enlistment contract. The applicants military records may be corrected to show his DA Form 3286-66 was amended to include the sentence, If ACF benefits in the amount of $40,000.00 (exclusive of MGIB benefits) were authorized by the official processing you for enlistment and the Government fails to pay the full amount under the appropriate provisions and such failure results in...
ARMY | BCMR | CY2009 | 20090016834
The applicant states that a rating of 10 percent was given by the Physical Evaluation Board (PEB) without full knowledge of the degree of his disability. The agency stated that on 28 June 2000, the PEB found the applicant unfit for his chronic lower back pain at 10 percent and did not find any other medical conditions independently unfitting. There is no evidence and the applicant did not provide any to show that the PEB was not fully aware of his medical condition at the time the rating...
ARMY | BCMR | CY2009 | 20090016835
The PEB stated that based on a review of the objective medical evidence of record, the PEB found the applicant's medical and physical impairment prevented reasonable performance of duties required by his grade and military specialty. The USAPDA stated that on 26 January 2006, an informal PEB found the applicant unfit for his back pain and rated him 10% due to tenderness to palpation. The evidence of record confirms that the applicants medical condition which resulted in his inability to...
ARMY | BCMR | CY2009 | 20090016836
The applicant states that Item 12a of his DD Form 214 for the period ending 11 June 2004 should show he entered active duty on 5 November 1999 instead of 7 November 2000. The evidence shows the applicant enlisted in the NYARNG on 25 January 1999 and entered on ADT on 23 June 1999. The evidence also shows the applicant was discharged from the NYARNG on 6 November 2000 for the purpose of enlisting in the Regular Army and provided an NGB Form 22 to document his National Guard service.
ARMY | BCMR | CY2009 | 20090016837
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. Army Regulation 635-200 provides guidance on the characterization of service and states, in pertinent part: a. Paragraph 3-7a states that an Honorable Discharge is a separation with honor and entitles the recipient to benefits provided by...
ARMY | BCMR | CY2009 | 20090016838
The applicant's military records show that he was inducted into the Army of the United States on 4 October 1966. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for wounds sustained as a result of hostile action. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Purple Heart for wounds incurred on 5 May 1968 * deleting from his DD Form 214 the Vietnam Service Medal *...
ARMY | BCMR | CY2009 | 20090016840
The applicant requests that his general discharge under honorable conditions be upgraded to an honorable discharge. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.
ARMY | BCMR | CY2009 | 20090016845
The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. Therefore, he served a qualifying period for award of the Korea Defense Service Medal and is entitled to correction of his records to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 the...
ARMY | BCMR | CY2009 | 20090016846
Headquarters, 99th Regional Readiness Command (RSC), Coraopolis, PA, Orders 03-310-00004, dated 6 November 2003, as amended by Orders 06-038-00200, dated 7 February 2006, show the applicant was released from his USAR unit of assignment based on medical disqualification (not the result of his own misconduct) and reassigned to the Retired Reserve, U.S. Army Reserve Personnel Command (AR-PERSCOM), St. Louis, MO, effective 1 November 2003. This document also shows the commander reviewed the...
ARMY | BCMR | CY2009 | 20090016850
f. two Board members, COL F. K. and COL N. C., received their legal advice from the SJA Board President, COL E. M.; g. all three Board members were in the rating chain of the appointing authority, MG W. C.; h. COL E. M.s presence on the Board despite his serving as advisor and chief legal officer of the Regional Support Command (RSC), where he supervised and rated the recorder and interacted daily with the Command; i. the presence of COL E. M. on the Board despite his position as a Judge...
ARMY | BCMR | CY2009 | 20090016852
Application for correction of military records (with supporting documents provided, if any). The separation authority could issue an HD or general under honorable conditions discharge (GD) if it was warranted by the member's overall record of service; however, a UOTHC discharge was normally considered appropriate for members separating under this provision of the regulation. This extensive record of misconduct clearly did not support the issuance of an HD or GD by the separation authority...
ARMY | BCMR | CY2009 | 20090016858
The applicant requests, in effect, that the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of her deceased spouse, a former service member (FSM), be corrected to show he was discharged on 2 August 1968. On 2 August 1968, the FSM was released from active duty after completing 2 years of active service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the FSM's DD Form 214 to show 2...
ARMY | BCMR | CY2009 | 20090016861
Application for correction of military records (with supporting documents provided, if any). There is no evidence in the available records to show the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that boards 15-year statute of limitations. Army Regulation 635-200 serves as the authority for enlisted separations.
ARMY | BCMR | CY2009 | 20090016862
The applicant requests that he be awarded the Armed Forces Service Medal (AFSM) and that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show in block 8a (Last Duty Assignment and Major Command) the entry Camp David HQ instead of Camp Davis HQ as currently reflected. The applicant states, in effect, that he served on active duty during the period of 1981 to 1992 and at the time of his discharge he was serving with the White House Communications...
ARMY | BCMR | CY2009 | 20090016866
The applicant provides the following documents in support of his application: letter from a physician translated in Spanish; decisional document from the Department of the Veterans Appeals; medical reports from the San Juan Dermatopathology, dated 8 December 2008; letter from VA; DA Form 1811 (Physical and Mental Status on Release from Active Service), dated 23 June 1966; Honorable Discharge Certificate, dated 5 July 1970; discharge orders from the U.S. Army Reserve (USAR) Control Group...
ARMY | BCMR | CY2009 | 20090016867
Application for correction of military records (with supporting documents provided, if any). He was ordered to active duty in support of Operation Iraqi Freedom and entered on active duty on 1 October 2003. The evidence of record fails to show the applicant was awarded the Combat Infantryman Badge.
ARMY | BCMR | CY2009 | 20090016873
A DD Form 1966 (Record of Military Processing - Armed Forces of the United States), dated 14 September 2001, shows in item 2 (Name - Last, First, Middle Name, (and Maiden, if any), Jr., Sr., etc.) the applicant's name is recorded as "H------, K------- R--." In this regard, the evidence of record shows that the applicant's military service records reflect the correct name (at the time) under which military service was performed.
ARMY | BCMR | CY2009 | 20090016875
Application for correction of military records (with supporting documents provided, if any). The SPD code of "JFL" is the correct code for Soldiers separating under the provisions of Army Regulation 635-40 by reason of physical disability with severance pay. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing the RE Code on her DD Form 214 from RE-4 to RE-3.
ARMY | BCMR | CY2009 | 20090016877
The applicant requests correction of his records to show he was medically discharged. There is no evidence in the applicant's military personnel records that shows he injured his left arm. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel from the Army.
ARMY | BCMR | CY2009 | 20090016878
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his general, under honorable conditions discharge (GD) be upgraded to an honorable discharge (HD). The evidence of record confirms the applicant's separation processing was accomplished in accordance with the applicable regulation.
ARMY | BCMR | CY2009 | 20090016879
BOARD DATE: 9 March 2010 DOCKET NUMBER: AR20090016879 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests removal of the suspension of favorable personnel actions (flag) from his Enlisted Record Brief (ERB). He is now medically retired and would like that flag removed.
ARMY | BCMR | CY2009 | 20090016881
The applicant requests, in effect, that his under other than honorable conditions discharge be upgraded, that the narrative reason for separation be changed, and that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he entered his second period of active service on 4 October 1969. He was issued a DD Form 214 for his first enlistment period showing his dates of service were from 23 April 1968 to 3 October 1969. When authorized, it is issued to a...
ARMY | BCMR | CY2009 | 20090016883
Application for correction of military records (with supporting documents provided, if any). The applicant states his DD Form 214 does not show the award although he served in Southwest Asia during Operations Desert Shield/Desert Storm. __________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 | 20090016885
The applicant provides a copy of the previously-submitted DVA BVA decision, dated 22 December 1998, in support of his request. 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 AR20090003770 on 30 June 2009. In this case, the applicant's name is not shown on the Vietnam casualty roster; his DA Form 20 does not document any combat...
ARMY | BCMR | CY2009 | 20090016890
The applicant states, in effect, that he was stationed with the 1st Special Forces Group in Okinawa and went on a temporary duty (TDY) assignment to Korea. Therefore, in the absence of evidence to show he served outside of Okinawa and the period in which he served, there appears to be no basis to grant him additional awards at this time. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the AGCM to his DD Form 214.