ARMY | BCMR | CY2009 | 20090017834
The applicant requests his record be corrected to show he was selected by the United States Army Reserve Command (USARC) Colonel Command Assignment Selection Board (CCASB) and received a unit position vacancy promotion to colonel (COL). This official states that by law, any JAG officer selected by a board for command must be approved by TJAG. The HRC-St. Louis advisory opinion states even had the applicant been selected and approved for command there is no guarantee he would have been...
ARMY | BCMR | CY2009 | 20090017836
The applicant requests, in effect, correction of his Medical Evaluation Board (MEBD) and Physical Evaluation Board (PEB) to include a disability rating for asthma. The advisory official asserted that if the condition of asthma had been considered by the PEB, the performance evidence in the case file would not have resulted in the PEB finding the condition unfitting or compensable. Consequently, the applicant's medical condition of asthma, although not considered medically unfitting for...
ARMY | BCMR | CY2009 | 20090017837
As evidence to support his application, the applicant provided a copy of his Pennsylvania Driver's License showing his date of birth as 08/24/1959 [24 August 1959]. The applicant contends that his DD Form 214 should be corrected to show his birth year as 1959. All official documents contained in his military records show a date of birth of 24 August 1958.
ARMY | BCMR | CY2009 | 20090017842
The applicant requests correction of his military record to show his successful completion of the Jungle Warfare Training Course. This form does not show the applicant completed the Jungle Warfare Training Course. The evidence clearly shows the DA Form 1059 was in use at the time the applicant completed the Jungle Warfare Training Course.
ARMY | BCMR | CY2009 | 20090017843
The applicant states, in effect, the FSM was awarded the Purple Heart in recognition of the fact that he sustained wounds to his head and hand while serving in the Republic of Vietnam. There is no evidence in the available records which show the FSM was recommended for or awarded the Purple Heart. Although the applicant contends that the FSM was wounded by shrapnel and a punji stick while serving in the Republic of Vietnam, there is no corroborating evidence present in the available...
ARMY | BCMR | CY2009 | 20090017847
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his temporary duty (TDY) assignments in Cambodia and Laos. The applicant provides a copy of his DD Form 214 in support of his application.
ARMY | BCMR | CY2009 | 20090017849
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 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. On 10 December 1998, Headquarters, U.S. Army Field Artillery Center and Fort Sill, Fort Sill, Oklahoma, GCM Order Number 160 directed, the sentence...
ARMY | BCMR | CY2009 | 20090017850
The applicant requests the DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ), dated 1 September 2005, be moved from the performance section to the restricted section of his Official Military Personnel File (OMPF). Paragraph 3-37b(1)(a) states the decision whether to file a record of NJP in the performance section of the Soldier's OMPF rests with the imposing commander at the time punishment is imposed. Chapter 7 of Army Regulation 600-37 contains...
ARMY | BCMR | CY2009 | 20090017851
The applicant states the new regulation states that a Soldier getting out for any mental disability will have no less than 50 percent disability. There is no evidence of record and the applicant has not provided evidence that shows he was found unfit due to combat-related PTSD or that it was any symptoms of PTSD that resulted in his being unfit to perform his duties. Therefore, there is insufficient evidence on which to change his anxiety disorder disability rating from 30 percent to 50 percent.
ARMY | BCMR | CY2009 | 20090017856
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. The applicants DD Form 214 shows he was discharged under the provisions of chapter 10, Army Regulation 635-200, for the good of the service, in lieu of trial by court-martial. Absent evidence to the contrary, the applicant's UOTHC discharge is appropriate and the evidence does not support an upgrade to a GD or an HD.
ARMY | BCMR | CY2009 | 20090017857
The applicant requests correction of his narrative reason for separation, character of service, separation code, and reentry eligibility (RE) code to a more favorable reason or codes so he may reenter military service. Army Regulation 635-200 states that prior to discharge or release from active duty, individuals are assigned RE codes based on their service records or the reason for discharge. The evidence of record shows he was 19 years old at the time of his enlistment; however, there is...
ARMY | BCMR | CY2009 | 20090017858
The applicant, the widow of a deceased former service member (FSM), requests correction of her late husband's WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show the Bronze Star Medal, Combat Infantryman Badge, Good Conduct Medal, and the Honorable Service Lapel Button. Since the FSM's WD AGO Form 53-55 shows the Combat Infantryman Badge (in item 31) and the Honorable Lapel Button (in item 55), this portion of the applicant's request will not be discussed further in these...
ARMY | BCMR | CY2009 | 20090017862
The applicant requests upgrade of his discharge. As a result, this issue will not be discussed further in this Record of Proceedings. On 31 December 1969, the separation authority directed that the applicant be separated under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), for the good of the service in lieu of trial by court-martial with an Undesirable Discharge Certificate.
ARMY | BCMR | CY2009 | 20090017871
IN THE CASE OF: BOARD DATE: 1 June 2010 DOCKET NUMBER: AR20090017871 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The evidence does include a properly-constituted DD Form 214 that provides the following information: * Reason and Authority: Army Regulation 635-200 (Personnel Separations) * Separation Program Number (SPN): 28B (frequent involvement of a discreditable nature with civil or military authorities) * Effective Date: 5 October 1973 * Days Lost: 84 days * Net Active Service: 2...
ARMY | BCMR | CY2009 | 20090017872
There is no evidence in the applicant's military personnel records that shows he was awarded the Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Combat Action, Badge, Combat Action Ribbon, or Valorous Unit Award. There is no evidence, and the applicant provides insufficient evidence in support of his application, to show he qualified for award of the Combat Action Ribbon. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2009 | 20090017875
The applicant states that he was awarded the CIB while serving with the Special Forces in the Republic of Vietnam during the period January 1967 through January 1968. The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit. The evidence shows the applicant was awarded his first CIB for participation in the Dominican Republic during the period 28 April 1965...
ARMY | BCMR | CY2009 | 20090017876
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 Purple Heart and the Combat Infantryman Badge. There is no available evidence that the applicant was awarded the Combat Infantryman Badge. 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 | BCMR | CY2009 | 20090017877
The applicant requests that his records be corrected to show all of his awards to include the Bronze Star Medal, Army Good Conduct Medal, Republic of Vietnam Civil Actions Ribbon, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 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 Good Conduct Medal for his period of service from 5 July 1968 through 6 April 1971 and b. correcting...
ARMY | BCMR | CY2009 | 20090017880
The applicant requests, in effect, his records be corrected to show he was recalled to active duty (AD) in the grade of lieutenant colonel (LTC/O-5) vice major (MAJ/O-4). A retired Soldier recalled to AD will normally be ordered to AD in their current grade on the retired list. There is no evidence to show he was promoted to LTC before he retired.
ARMY | BCMR | CY2009 | 20090017881
The applicant requests her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 17 December 2008 be corrected to show one award of the Meritorious Service Medal (MSM) instead of two awards of the MSM. There are no orders for a second award of the MSM in the applicant's service personnel records. The evidence of record shows the applicant was awarded the Army Commendation Medal.
ARMY | BCMR | CY2009 | 20090017884
IN THE CASE OF: BOARD DATE: 11 March 2010 DOCKET NUMBER: AR20090017884 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant provides the following documents in support of his application: a. DA Form 597-3A-R (Addendum to Army Senior Reserve Officers' Training Corps Scholarship Cadet Contract, dated 1 November 2002; b. DA Form 597-3 (Army Senior Officers' Training Corps (ROTC) Scholarship Cadet Contract), dated 1 November 2002; c. Addendum to Part I Scholarship Contractual...
ARMY | BCMR | CY2009 | 20090017886
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he deployed and served overseas on three separate occasions. As documentary evidence in support of this application, the applicant provides: a. two deployment orders; b. a NATO Travel Order; c. two DA Forms 638 (Recommendation for Award); d. two award certificates; e. a memorandum; f. a DD Form 214; and g. a DD Form 215 (Correction to DD Form 214). Therefore, the applicant is...
ARMY | BCMR | CY2009 | 20090017887
c. Standard Form 504 (Clinical Record - History) shows the applicant was injured on 2 March 1970 and received initial medical treatment at the 67th Evacuation Hospital. Within 2 days, military medical personnel annotated the applicant's medical chart to show he received his gunshot wound by an accidental shot from an M-16 rifle. Therefore, in the absence of military and medical records showing the applicant's injury resulted from enemy forces, there is insufficient evidence upon which to...
ARMY | BCMR | CY2009 | 20090017888
The applicant requests correction of his records to show the effective date and date of rank (DOR) for his promotion to captain (CPT)/pay grade O-3 was 12 September 2008 and payment of all pay and allowances due as a result of this correction. He states he assumed command of Company D, 3rd Battalion, 144th Infantry, on 23 February 2009; however, he was not promoted until 16 September 2009. c. He states it is unjust that he assumed the responsibility of a company commander without being...
ARMY | BCMR | CY2009 | 20090017890
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the National Defense Service Medal. The applicants military records are not available to the Board. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show award of the National Defense Service Medal.
ARMY | BCMR | CY2009 | 20090017892
The applicant's military records are not available to the Board for review. This pamphlet shows the unit to which the applicant was assigned Company C, 1st Battalion, 128th Infantry was cited for award of the Distinguished Unit Citation for the period 23 March 1945 to 30 May 1945 by War Department General Orders Number 70, dated 1946. Therefore, the Board requests that the Case Management Support Division administratively correct the records of the individual concerned by adding to his...
ARMY | BCMR | CY2009 | 20090017893
The terms of the scholarship contract require that a Cadet either repay the debt monetarily or agree to be ordered to active duty through the Cadet Command channels based on the needs of the Army. This regulation specifies as part of a scholarship enlistment in the ROTC, an individual must sign a DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract), which is the agreement between the Army and a potential ROTC cadet. Although the applicant stated, in his rebuttal to the advisory...
ARMY | BCMR | CY2009 | 20090017894
The applicant provides the following sequence of events: a. the initial error was made on 30 October 2000 when he was appointed a second lieutenant in PAARNG and Federal Recognition not granted due to PAARNG administrative oversight; b. the Army Board for Correction of Military Records (ABCMR) corrected his record to show 2 years of constructive service credit for his Masters of Physicians Assistant Degree; c. The ABCMR corrected his record to show his initial appointment and Federal...
ARMY | BCMR | CY2009 | 20090017895
Application for correction of military records (with supporting documents provided, if any). There are no medical records available for review with this case. There is no evidence to show the applicant was ever wounded; his medical records are with the VA. 3.
ARMY | BCMR | CY2009 | 20090017896
The applicant states that U.S. Human Resources Command (HRC)-Alexandria failed to hold a promotion board in 2006, failed to ensure his records were transferred to HRC-St. Louis, and failed to notify HRC-St. Louis that he was deployed on active duty. On 31 March 2010, he was honorably released from active duty and transferred to the Retired List in pay grade E-7 effective 1 April 2010. The evidence of record also shows the applicant was considered by STAB's for pay grade E-6 and E-7, which...
ARMY | BCMR | CY2009 | 20090017897
The applicant requests his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the award of the Air Assault Badge (AAB), Air Medal (AM), and the Army Commendation Medal (ARCOM). The applicant's request that his DD Form 214 be corrected to show the award of the Air Assault Badge, Air Medal, and the Army Commendation Medal is partially supported by the evidence; however, relief is appropriate only in regard to the Air Medal and Army...
ARMY | BCMR | CY2009 | 20090017898
The applicant requests that his already-awarded Bronze Star Medal (3rd Award) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). He also submitted a copy of a certificate, dated 6 January 1970, for award of the Bronze Star Medal for outstanding meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period April 1969 to December 1969. As a result, the Board recommends that all...
ARMY | BCMR | CY2009 | 20090017902
The applicant's military records show she enlisted in the U.S. Army Reserve (USAR) DEP in pay grade E-1 on 26 September 2003 for 8 years and was released from the DEP on 13 July 2004. The evidence of record shows the applicant enlisted in the DEP on 26 September 2003 for a period of 8 years and incurred an MSO until 25 September 2011. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending item 6 of the applicant's...
ARMY | BCMR | CY2009 | 20090017903
The applicant requests correction of her records to show that within one year of her marriage she elected to participate in the Survivor Benefit Plan (SBP) with spouse only coverage at the full base rate. DFAS records show that: a. the applicant's letter and marriage certificate were received on 29 April 2008, b. DFAS sent her a DD Form 2656 on 19 June 2008, c. on 24 June 2009, DFAS received the applicant's DD Form 2656 but did not process it because it was received more than a year after...
ARMY | BCMR | CY2009 | 20090017904
On 2 September 2006, the applicant completed a DD Form 2656 (Data for Payment of Retired Personnel), indicating he was not married and electing not to participate in the SBP. DFAS records show that the applicant provided a completed copy of the DD Form 2656-6 approximately 14 months after his marriage. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant timely submitted a properly completed DD From...
ARMY | BCMR | CY2009 | 20090017908
Although the wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound 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: a. awarding him the first award of the Army Good Conduct Medal for...
ARMY | BCMR | CY2009 | 20090017911
The applicant requests correction of his record to show he was transferred to the Retired Reserve on 5 June 2000 instead of being honorably discharged on that same date. In accordance with the applicable governing regulation, the applicant was eligible to transfer to the Retired Reserve in connection with his removal from an active USAR status. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by voiding his 2 June 2000...
ARMY | BCMR | CY2009 | 20090017916
The applicant's record shows he did not complete the 18X training program. On 8 January 2009, the applicant submitted a DD Form 293 (Application for Review of Discharge or Dismissal from the Armed Forces of the United States) to the Army Discharge Review Board (ADRB) requesting an upgrade of his RE code to 2 or 3 and that his service be uncharacterized. Army Regulation 635-5-1 (SPD Codes) in effect at the time of the applicant's separation, provided the specific authorities (regulatory or...
ARMY | BCMR | CY2009 | 20090017917
The applicant, the spouse of a former service member (FSM), requests correction of the FSM's records to show he elected Reserve Component Survivor Benefit Plan (RCSBP) coverage within 90 calendar days of receiving his Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter). The applicant further requests correction of the FSM's records to show he elected to participate in the SBP within 1 year of his marriage to her and that she be entitled to receive an SBP annuity. On 21...
ARMY | BCMR | CY2009 | 20090017923
The applicant states in 2007 his initial Federal Recognition Board (FRB) voted not to recommend him for promotion to CW3. A Federal Recognition Notification memorandum, dated 19 June 2008, informed the applicant his request for promotion to CW3 was not favorably considered by the FRB that convened on 12 June 2008. The opinion points out the applicant received a Federal Recognition Notification memorandum, dated 19 June 2008, informing him the FRB did not favorably consider him for...
ARMY | BCMR | CY2009 | 20090017929
On 15 March 1969, the separation authority approved the applicant's separation under the provisions of Army Regulation 635-212 by reason of unsuitability due to character and behavior disorders and directed he receive a general under honorable conditions discharge. The evidence of record shows the applicant's separation under the provisions of Army Regulation 635-212 for unsuitability was administratively correct, all requirements of law and regulations were met, the rights of the applicant...
ARMY | BCMR | CY2009 | 20090017934
The applicant requests upgrade of his under other than honorable conditions discharge to an honorable discharge. In his request for discharge, the applicant indicated that he understood by requesting discharge, he was admitting guilt to the charge against him, or of a lesser included offense, and the imposition of a bad conduct or dishonorable discharge was authorized. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the...
ARMY | BCMR | CY2009 | 20090017941
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 AR2000042208, dated 25 January 2001. The applicant provides a statement from J----- G---------, which is new evidence that was not previously considered by the Board. The statement provided by CPT G--------- states that he is re-recommending the FSM for a battlefield commission;...
ARMY | BCMR | CY2009 | 20090017943
The applicant requests that her bad conduct discharge (BCD) be upgraded to a general discharge (GD) under honorable conditions. She also states that although the case had been appealed and she was convicted of a crime she said "I'm sorry" in court and that still remains. The DD Form 214 shows: * in item 12c (Net Active Service this Period) a total of 6 years, 3 months, and 4 days of creditable active military service * in item 24 (Character of Service) BCD * in item 25 (Separation...
ARMY | BCMR | CY2009 | 20090017948
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Master Parachutist Badge. 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. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2009 | 20090017949
He also stated the applicant had no potential for retention on active duty. The applicant was discharged, on 18 February 1983, under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance with service characterized as general under honorable conditions, in pay grade E-1. There is no evidence in the available records that indicate the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.
ARMY | BCMR | CY2009 | 20090017950
He had 2 years, 1 month, and 4 days of creditable active service during this period of service. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. The character of the discharge is commensurate with the offence for which he voluntarily requested discharge and is appropriate for his overall record of military service during his second enlistment.
ARMY | BCMR | CY2009 | 20090017952
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 30 January 2004 to show his service in Kosovo and Iraq and all awards and decorations associated with this service. c. The Kosovo Campaign Medal is awarded to members of the Armed Forces of the United States who, after 24 March 1999, participated in or served in direct support of Kosovo Operation(s): Allied Forge (24 March 1999 through 10 June 1999); Operation...
ARMY | BCMR | CY2009 | 20090017953
Application for correction of military records (with supporting documents provided, if any). On 24 July 1980, the separation authority approved the applicant's request for discharge for the good of the service and directed an under other than honorable conditions discharge. 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.
ARMY | BCMR | CY2009 | 20090017959
The applicant, in effect, states he was laterally appointed from the rank of SP5 to the rank of SGT on 5 October 1969. As documentary evidence in support of this application, the applicant provides copies of * special orders, dated 5 October 1969 * a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 26 March 1970 * letter orders, dated 22 March 1972 * DD Form 256A (Honorable Discharge Certificate), dated 23 March 1972 CONSIDERATION OF...