ARMY | BCMR | CY2009 | 20090018073
While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. 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...
ARMY | BCMR | CY2009 | 20090018075
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 AR2002079535 on 17 April 2003. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. 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 as follows: a. item 13 - add the...
ARMY | BCMR | CY2009 | 20090018077
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) by changing: a. block 12b (Separation Date This Period) to show "89 05 16" [16 May 1989]; b. block 12c (Net Active Service This Period) to show at least "02 00 00" [2 years]; c. block 12d (Total Prior Active Service) to show the time he spent on active duty while attending Air Assault training; and d. block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons...
ARMY | BCMR | CY2009 | 20090018082
State of Texas, Adjutant General's Department, Austin, TX, Orders 233-203, dated 21 August 2001, discharged the applicant from the Army National Guard effective 8 October 2000 and assigned him to the Retired Reserve the following day. In view of the above, there is insufficient evidence to support a change of the applicant's HOR to Austin, TX. Therefore, the HOR recorded on his orders to the Retired Reserve will not be changed to Newport, RI unless the applicant makes application to do so.
ARMY | BCMR | CY2009 | 20090018084
The NGB stated that when the applicant was promoted the education waiver provision had expired and the applicant was not qualified in the MOS for which he was being promoted into. The NGB states that the applicant was promoted to CW4 without having completed the required training (WOSC) or time in grade (TIG). Army Regulation 135155, Army National Guard and U.S. Army Reserve Promotion of Commissioned Officers and Warrant Officers Other Than General Officers, Table 23, Warrant officer...
ARMY | BCMR | CY2009 | 20090018085
The applicant requests correction of his record to show he completed approximately five months of additional active duty service while attending the Military Police Officer Basic Course (MPOBC). As documentary evidence in support of this request, the applicant provides * a self-authored statement * orders to active duty for MPOBC attendance * two DA Forms 2139 (Military Pay Voucher) * a DA Form 4037 (Officer Record Brief) * a DD Form 220 (Active Duty Report) * an MPOBC course description *...
ARMY | BCMR | CY2009 | 20090018086
Further, there is no evidence in his service personnel records that shows he was wounded or treated for wounds as a result of hostile action in Vietnam. There are no orders in the applicant's service personnel records that show he was awarded the Purple Heart. There is no evidence in the available records and the applicant has not provided evidence that shows he was injured as a result of hostile action.
ARMY | BCMR | CY2009 | 20090018089
The applicant requests correction of his military records to show that he enlisted in the Regular Army as a sergeant first class. The opinion stated the applicant received a grade determination in accordance with Army Regulation 601-210 upon his entry into the Regular Army in February 2007. The applicant contends his records should be corrected to show he enlisted in the Regular Army as a sergeant first class.
ARMY | BCMR | CY2009 | 20090018092
Item 34 (Wounds Received in Action) of the applicant's WD AGO Form 53-55 shows the entry, "None," to indicate he was not wounded while he served during World War II. There is no evidence of record and the applicant has provided insufficient evidence which shows that he was wounded or treated for wounds as a result of hostile action, wounded or injured while held as a prisoner of war, or wounded or injured while being taken captive during World War II. ...
ARMY | BCMR | CY2009 | 20090018094
The CIB entry on the applicant's DA Form 20 is not supported by any other evidence of record. The available evidence shows the applicant served in an infantry unit. ___________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 | 20090018098
Application for correction of military records (with supporting documents provided, if any). The applicant requests his DD Form 214 (Report of Separation from Active Duty) for the period ending 5 December 1975 be corrected to show he entered active duty on 1 June 1975. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
ARMY | BCMR | CY2009 | 20090018099
The applicant requests, in effect, that the records of her deceased spouse, a former service member (FSM), be corrected to show he elected Reserve Component Survivor Benefit Plan (RCSBP) spouse-only coverage. There is no evidence in the FSM's military personnel records jacket, Defense Finance and Accounting Service record, or independent evidence which indicates the FSM ever completed a DD Form 1883 electing to enroll in the RCSBP. He was notified of the requirement for him to submit an...
ARMY | BCMR | CY2009 | 20090018100
On 31 January 2006, the applicant's commander initiated action to separate her under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17, due to being diagnosed with PTSD. Paragraph 5-17 states a commander may approve separations under this paragraph on the basis of other physical or mental conditions not amounting to disability (under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or...
ARMY | BCMR | CY2009 | 20090018110
Application for correction of military records (with supporting documents provided, if any). However, there is no evidence in the available record and he did not provide substantiating evidence that shows his self-claimed shrapnel wound resulted from enemy/hostile action or that he was treated for this wound or that his treatment was made a matter of official record. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the...
ARMY | BCMR | CY2009 | 20090018111
Application for correction of military records (with supporting documents provided, if any). The evidence shows the applicant's latest DD Form 214 dated 12 November 1969 lists the following awards. As a result, the Board recommends that all Department of the Army records of the individual be corrected by: a. deleting the Vietnam Service Medal, Vietnam Counter Offensive Phase II and III from his DD Form 214 dated 25 September 1968; b. adding to item 24 of his DD Form 214 dated 25 September...
ARMY | BCMR | CY2009 | 20090018112
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized (All periods of Service)) of the applicant's DD Form 214 shows he was awarded or authorized to wear the * Bronze Star Medal * Defense Meritorious Service Medal * Meritorious Service Medal * Air Medal (7th Award) * Army Good Conduct Medal * National Defense Service Medal * Vietnam Service Medal * Army Service Ribbon * Overseas Service Ribbon * Republic of Vietnam Campaign Medal (7th...
ARMY | BCMR | CY2009 | 20090018116
The applicant states his DD Form 215 (Correction to DD Form 214), dated 18 July 1973, does not show award of the ARCOM w/3rd OLC. Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows Headquarters, 1st Infantry Division awarded the applicant the ARCOM on the above dates in the above orders. DISCUSSION AND CONCLUSIONS: Although the applicant's DA Form 20 shows award of the ARCOM w/3rd OLC there is no corroborating evidence to verify the basis for this entry.
ARMY | BCMR | CY2009 | 20090018117
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows he earned the following awards during his active duty tenure: * National Defense Service Medal * RVN Campaign Medal with 60 Device * Parachutist Badge * ARCOM * Vietnam Service Medal (VSM) * AM 8. As a result, it would be appropriate to award him the AGCM (first award) for his qualifying period of honorable active duty service from 5 July 1967...
ARMY | BCMR | CY2009 | 20090018118
Application for correction of military records (with supporting documents provided, if any). It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for the timely submission of a recommendation for such...
ARMY | BCMR | CY2009 | 20090018119
The applicant provided certificates and associated DA Forms 638 showing he was awarded: a. the Army Commendation Medal by Permanent Orders 280-004D for the period 1 April to 12 August 2003 for meritorious service during combat operations in Iraq; b. the Army Commendation Medal with first OLC by Permanent Orders 340-27 for the period 14 December 2005 to 14 December 2006 for meritorious service while serving as an equipment operator during Operation Enduring Freedom in Afghanistan; c. the Army...
ARMY | BCMR | CY2009 | 20090018122
Discharge action was initiated, and the separation authority approved the FSM's discharge under the provisions of Army Regulation 635-206, paragraph 33 (civil conviction) with issuance of a UOTHC Discharge Certificate. Based on Army Regulation 635-200, a discharge under other than honorable conditions is an administrative separation from the Service under conditions other than honorable, such as for misconduct. The FSMs service record shows he convicted by a civil court of first degree...
ARMY | BCMR | CY2009 | 20090018123
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he completed high school. The applicants service record shows that at the time of his induction he had only completed 3 years of high school with a vocational major course or field. The evidence of record does not show he completed high school prior to his release from active duty.
ARMY | BCMR | CY2009 | 20090018129
The applicants Chronological Statement of Retirement Points, dated 22 June 2001, shows he had 23 years of qualifying service for retired pay at age 60 and 2,476 total points creditable. His retirement points statement shows he received the following retirement points for the eleven retirement years in question: Total Beg. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by updating his Chronological Statement of Retirement...
ARMY | BCMR | CY2009 | 20090018131
The applicant requests that his records be corrected to reflect that he was awarded the Republic of Vietnam Campaign Medal (RVNCM). The applicant states that he served 1 year in Vietnam from 15 December 1970 to 15 December 1971 and he was issued the Vietnam Service Medal (VSM); however, his records do not reflect award of the RVNCM. This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period...
ARMY | BCMR | CY2009 | 20090018133
However, on 5 February 1997, the Army Board for Correction of Military Records denied the applicant's request for award of the Purple Heart. The applicants DA Form 4240 (Data for Payment of Retired Army Personnel), dated 16 February 1983, shows he was not married and he enrolled in the SBP for dependent children only. Since there is no is evidence which shows the applicant attempted to enroll in the SBP within one year of his marriage, regrettably, there is no basis for granting the...
ARMY | BCMR | CY2009 | 20090018134
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal, Army Achievement Medal, Iraq Campaign Medal, Overseas Service Ribbon, Army Good Conduct Medal, Combat Action Badge, and his deployed service in Iraq. There is no evidence the applicant was ever recommended for or awarded the Army Good Conduct Medal, Army Achievement Medal, Overseas Service Ribbon, or Combat Action Badge by proper...
ARMY | BCMR | CY2009 | 20090018140
The applicant requests correction of his records to show an unspecified number of awards of the Air Medal based on his 148 hours of combat helicopter flight time. The applicant states his Army records show 148 hours of combat flight time and no awards of the Air Medal. 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 add the following awards: * Air Medal with Numeral 5 * Aviation Badge *...
ARMY | BCMR | CY2009 | 20090018144
The evidence of record confirms the applicant completed 22 years, 6 months, and 1 day of active military service and that his retired pay percentage calculation was based on that total of active duty service. By law and regulation, time served at the USUHS while not creditable as actual active duty service, is creditable as constructive service for retired pay percentage calculations. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2009 | 20090018145
When authorized, it is issued to a Soldier whose military record is satisfactory, but not sufficiently meritorious to warrant an honorable discharge. Additionally, there is no evidence in his record that shows he ever stated he was innocent of the charges that were pending against him. Instead, he submitted a request for discharge for the good of the service in lieu of trial by court-martial and as part of his request, he admitted that he was guilty of the pending charges.
ARMY | BCMR | CY2009 | 20090018147
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. __________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)...
ARMY | BCMR | CY2009 | 20090018155
The applicant's award of the Vietnam Service Medal was omitted from his DD Form 214. Based on the above facts and findings it is appropriate to correct the applicant's DD Form 214 to show that, in addition to the awards currently listed, he is also authorized award of the Army Commendation Medal, Vietnam Service Medal with one bronze service star, Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd award). As a result, the Board recommends...
ARMY | BCMR | CY2009 | 20090018164
Application for correction of military records (with supporting documents provided, if any). His DD Form 214 (Certificate of Release or Discharge from Active Duty) lists his awards as the Army Commendation Medal (2nd Award), Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, Armed Forces Reserve Medal with "M" Device, Global Was on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, two overseas service bars, and the...
ARMY | BCMR | CY2009 | 20090018167
The applicant requests the Purple Heart and the Meritorious Service Medal be added to his retirement DD Form 214 (Certificate of Release or Discharge from Active Duty). The evidence of record shows the applicant was wounded in action on 31 October 1966 in Vietnam and he received award of the Purple Heart for this injury. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his retirement DD Form 214 by adding the...
ARMY | BCMR | CY2009 | 20090018169
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. However, the applicant may use these Proceedings as verification that his military records contain official documents and orders which show...
ARMY | BCMR | CY2009 | 20090018170
The applicant requests his DD Form 214 (Report of Separation from Active Duty) be corrected to show his rank and pay grade as specialist five (SP5)/E-5 and to add the "United Nations Korean Medal," Korean Service Medal, Korean Defense Service Medal, and Republic of Korea Presidential Unit Citation. Army Regulation 600-8-22 provides for the award of the United Nations Service Medal to Soldiers who were dispatched to Korea or adjacent areas for service on behalf of the United Nations in the...
ARMY | BCMR | CY2009 | 20090018173
IN THE CASE OF: BOARD DATE: 06 May 2010 DOCKET NUMBER: AR20090018173 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Achievement Medal with Oak Leaf Cluster (OLC) and his first period of deployment to Iraq. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding the Army Achievement...
ARMY | BCMR | CY2009 | 20090018177
The applicant requests the Army Commendation Medal with First Oak Leaf Cluster, the Army Good Conduct Medal (Second Award), the Humanitarian Service Medal, the Overseas Service Ribbon, and the Kuwait Liberation Medal - Saudi Arabia (KLM-SA) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 15 October 1994. There is no evidence the applicant was issued the Army Good Conduct Medal (Second Award) for the period 16 October 1990 to 15...
ARMY | BCMR | CY2009 | 20090018178
The applicant requests, in effect, that the orders awarding him the Army Good Conduct Medal (AGCM), 3rd Award, for the period September 2004 through September 2007 be removed from his Official Military Personnel File (OMPF). The applicant's OMPF contains a copy of a memorandum from the 233rd Transportation Company, Fort Knox, KY, Subject: Disqualification of the AGCM to [the applicant's name], dated 6 July 2007 which shows his commander disqualified him for award of the AGCM during the...
ARMY | BCMR | CY2009 | 20090018181
At the time of his retirement, his date of birth (DOB) on his DD Form 214 reflected 2 April 1940. At the time the applicant enlisted on 3 April 1958, he indicated that his place of birth was Providence, RI and he served all of his military service contending that his place of birth was Providence, RI. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his place of birth, will be filed in his...
ARMY | BCMR | CY2009 | 20090018182
Records show the applicant was awarded the Vietnam Service Medal. Evidence shows that he participated in four campaigns during his service in the Republic of Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following to Item 24 of his DD Form 214: * the Army Commendation Medal * the Meritorious Unit Commendation * the Republic of Vietnam Gallantry Cross with Palm Unit Citation * four bronze service...
ARMY | BCMR | CY2009 | 20090018191
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. When he got up to go to the bathroom, the lady got in his bed. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may at any time after the charges have been preferred, submit a request...
ARMY | BCMR | CY2009 | 20090018192
The DA Form 638, dated 4 March 2004, shows that the applicant was recommended for the award of the ARCOM for the period 20 March 2003 to 8 July 2003. Therefore, his records will be corrected to show this deployment in item 18 of his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding the ARCOM, GWOTSM, and the GWOTEM to his 30 November 2003 DD Form 214 and b. by showing "SERVICE IN KUWAIT/IRAQ FROM...
ARMY | BCMR | CY2009 | 20090018197
IN THE CASE OF: BOARD DATE: 20 May 2010 DOCKET NUMBER: AR20090018197 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, a promotion to sergeant major (SGM)/pay grade E-9. There is no evidence of record which shows the applicant was promoted to SGM/pay grade E-9 prior to his retirement.
ARMY | BCMR | CY2009 | 20090018203
Application for correction of military records (with supporting documents provided, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. A DD Form 458 (Charge Sheet) was prepared preferring a court-martial charge against the applicant for violating Article 86 of the Uniform Code of Military Justice (UCMJ) by being AWOL from on or about 8 April 1986 to on or about 4 September 1986.
ARMY | BCMR | CY2009 | 20090018215
Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. 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...
ARMY | BCMR | CY2009 | 20090018217
On 22 October 2009, the applicant submitted a rebuttal to NGB's memorandum stating that his application to the ABCMR was based on actions taken by the Standby Advisory Board (STAB) on 12 July 2007 and it was in no way related to the agreement he signed on 3 May 2009, nearly 2 years later. Additionally, according to the counseling statement he submitted, the removal of his name from the 2009 promotion list was based on the GOMOR he was issued and not based on any breach of agreement between...
ARMY | BCMR | CY2009 | 20090018223
The applicant states that his DD Form 214 does not indicate the Purple Heart award for wounds received in Vietnam on 30 March 1968. The evidence of record shows the applicant was inducted into the Army of the United States using the last name as shown on his DD Form 214. 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 with two bronze service stars, b....
ARMY | BCMR | CY2009 | 20090018225
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 May 2009 to show his combat time in Iraq. The applicant contends his DD Form 214 does not show his combat time in Iraq. The applicant's military pay records are accepted as sufficient evidence as a basis to amend item 18 of his 15 May 2009 DD Form 214 to show the entry "SERVICE IN KUWAIT/IRAQ FROM 20060912-20070726."
ARMY | BCMR | CY2009 | 20090018227
IN THE CASE OF: BOARD DATE: 4 May 2010 DOCKET NUMBER: AR20090018227 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his bad conduct discharge be upgraded to a general under honorable conditions discharge. On 2 May 1984, the applicant was discharged accordingly.
ARMY | BCMR | CY2009 | 20090018229
On 29 August 1989, the applicants unit commander informed the applicant of the intent to process him for separation under the provisions of chapter 11, Army Regulation 635-200, by reason of entry-level status (ELS) performance and conduct. The separation authority directed that the applicant be separated under the provisions of Chapter 11, Army Regulation 635-200 and that his service be uncharacterized based on his ELS status. The record also shows the applicant's service was described as...