ARMY | BCMR | CY2009 | 20090001871
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. Therefore, there is insufficient evidence on which to amend his DD Form 214 to show the Pathfinder Badge. __________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 | 20090001874
There are no orders in the applicant's military service records awarding him the Purple Heart. Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service. 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 the period of service from 28 March 1969 to...
ARMY | BCMR | CY2009 | 20090001877
The applicant requests that his discharge with service characterized as under other than honorable conditions (in effect, undesirable discharge) be upgraded to an honorable discharge. The applicant states, in effect, that at the time of his discharge he was told by an officer that an under other than honorable conditions discharge would automatically be changed to a honorable discharge after six months. In his request, the applicant stated he understood he could request discharge for the...
ARMY | BCMR | CY2009 | 20090001878
The HRC-A stated that since a DD Form 214 is a summary of a Soldier's most recent period of continuous active duty, only the time served in MOSs during the period covered by the DD Form 214 is entered in item 11. Army Regulation 635-5, in effect at the time, in pertinent part, stated that in-service (resident) training courses, title, number of weeks, and year successfully completed during this period of service will be entered in item 14. There is no evidence that the applicant...
ARMY | BCMR | CY2009 | 20090001879
On 22 October 2004, a medical evaluation board (MEB) convened at William Beaumont Army Medical Center, El Paso, TX, and after consideration of clinical records, laboratory findings, and physical examinations, the MEB found the applicant was diagnosed as having the medical condition of chronic, moderate to severe PTSD. However, an award of a higher VA rating does not establish error or injustice in the Army rating. The Army rates only conditions determined to be physically unfitting at the...
ARMY | BCMR | CY2009 | 20090001880
After completing 7 months and 20 days of net active service this period, the applicant was honorably discharged on 18 September 2007, under the provisions of Army Regulation 635-200, paragraph 5-8, due to parenthood. The DD Form 214 that the applicant was furnished, on 18 September 2007, erroneously shows she entered AD this period on 29 October 2001; that she completed 5 years, 10 months and 20 days of net active service this period; that she had no total prior active service; that she had...
ARMY | BCMR | CY2009 | 20090001884
BOARD DATE: 28 July 2009 DOCKET NUMBER: AR20090001884 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Consequently, his DD Form 214, dated 29 September 2008, should be corrected to show in item 17 that he was not provided a complete dental exam and all appropriate dental services and treatment within 90 days prior to separation. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry Yes in item 17 and...
ARMY | BCMR | CY2009 | 20090001885
The applicant requests, in effect, correction to item 5a (Grade, Rate, or Rank) and item 5b (Pay Grade) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) from specialist four (temporary) (SP4 (T))/E-4 to sergeant (SGT)/E-5. There are no special orders in the applicants record that show he was promoted to SGT/E-5. The evidence of record shows that at the time of his separation on 29 November 1968, the applicant held the rank/grade of SP4/E-4.
ARMY | BCMR | CY2009 | 20090001886
The evidence does include a properly constituted DD Form 214 authenticated by the applicant that contains the authority and reason for the applicants active duty discharge (separation program designator code 46A, unsuitability) on 4 March 1974, in pay grade E-1 under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 13, with a general discharge characterized as under honorable conditions and an RE code of RE-3. There is no indication that the applicant applied to...
ARMY | BCMR | CY2009 | 20090001887
The applicant provides, in support of this application, a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) and Honorable Discharge Certificate; an undated and unexpurgated citation for award of the Bronze Star Medal with first oak leaf cluster for the period 11 to 14 November 1944; two unauthenticated extracts of general orders, dated 28 October 1944 and 5 April 1945, for awards of the Bronze Star Medal for unspecified periods; information from...
ARMY | BCMR | CY2009 | 20090001891
The applicant requests, in effect, that his discharge under other than honorable conditions, which was upgraded to a general discharge under honorable conditions by the Army Discharge Review Board (ADRB) in June 2008, be affirmed. On 5 July 2007, the ADRB approved the applicants request for an upgrade of his discharge and upgraded his discharge to a general discharge, under honorable conditions. As such, there is no basis for the ABCMR to affirm the applicant's upgraded discharge because...
ARMY | BCMR | CY2009 | 20090001892
The opinion cited the 19 August 2008 ASA M&RA memorandum and recommended the applicants DOR be adjusted to 19 August 2008. On 19 August 2008, the applicant already had 18 months of TIG (as of 3 July 2008); therefore, he should have been promoted on the effective date of the memorandum. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adjusting his promotion date of rank to 1LT from 9 November 2008 to 19 August...
ARMY | BCMR | CY2009 | 20090001893
There are no orders in his service personnel records that show he was awarded the BSM, ARCOM (2nd Award), AAM (2nd Award), AGCM, or the Honduran Military Airborne Badge. Neither the applicant's DD Form 214 nor his DA Form 2-1 show the second award of the ARCOM or the AAM and the applicant's records do not contain any orders for these awards. In the absence of such evidence, there is an insufficient basis to correct his DD Form 214 to show his service in Honduras or to award him the...
ARMY | BCMR | CY2009 | 20090001896
IN THE CASE OF: BOARD DATE: 19 May 2009 DOCKET NUMBER: AR20090001896 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant provides a copy of his DD Form 214 and his Officer Record Brief in support of his application. SERVICE NOT CREDITABLE FOR ANY PURPOSE IN COMMISSIONED OFFICER STATUS" will be entered in item 18 of the DD Form 214.
ARMY | BCMR | CY2009 | 20090001897
He acknowledged that he was guilty of the charges or lesser included charges and that, if the request was accepted, he could receive a discharge under other than honorable conditions and be furnished an Under Other Than Honorable Conditions (UOTHC) Discharge Certificate. Chapter 3, as in effect at that time, outlines the criteria for characterization of service; 1) Paragraph 3-7a states that an honorable discharge (HD) is a separation with honor. Chapter 10 provides, in pertinent part,...
ARMY | BCMR | CY2009 | 20090001898
The applicant requests correction of his records to show that he was medically retired instead of showing that he was released from active duty (REFRAD) due to parenthood. A Medical Statement dated 2 August 1994 that the applicant submitted in support of his application was prepared by the United States Army Department Activity, Orthopedic Clinic, and the attending physician stated that he had been following the applicant since 13 January 1994 for complaints of chronic, recurrent severe low...
ARMY | BCMR | CY2009 | 20090001900
The applicant's military personnel record shows that he enlisted in the Regular Army on 6 November 2001 for a 4-year period of service. 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. While the Soldier stated he does not know the reason for his RE code "3," the evidence of record shows that he did not...
ARMY | BCMR | CY2009 | 20090001901
The DD Form 214 he was issued at the time of his discharge 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. With respect to the applicant's arguments: a. that it was unjust to characterize his discharge as other than honorable based on urinalysis results, there is no evidence in the applicant's record and the applicant did not provide any evidence that shows he was discharged because of his...
ARMY | BCMR | CY2009 | 20090001902
The applicant requests that his records be corrected to show that he was awarded the Parachutist Badge. Officials informed the applicant that it appeared that his Parachutist Badge had been revoked at some point during his military service. While it is clear that at one time the applicant was awarded the Parachutist Badge, it appears that the badge was subsequently revoked as evidenced by the fact that the award entry was lined through on his DA Form 20.
ARMY | BCMR | CY2009 | 20090001903
The applicant states he was wounded in action by a pungi stick and was hospitalized while in Vietnam. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. There is no evidence in the applicant's service personnel records and he has provided no evidence which shows that he was wounded or injured as a result of hostile action, treated for...
ARMY | BCMR | CY2009 | 20090001905
Item 12a of the applicants DD Form 214, issued on 8 April 2002, shows he entered active duty on 9 April 1996. Therefore, the applicant's DD Form 214, item 12d, issued on 8 April 2002, should be corrected to show he completed 3 years of total prior active service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the entries in items 12a, 12c and 12d of the applicants DD Form 214 issued on 8 April 2002; b....
ARMY | BCMR | CY2009 | 20090001907
Application for correction of military records (with supporting documents provided, if any). The applicant states that his last name is incorrectly spelled in his military records. The last name shown on his DD Form 214 and other available service documents show that he spelled his last name VALEDEZ and served his entire military career with his last name spelled that way.
ARMY | BCMR | CY2009 | 20090001908
IN THE CASE OF: BOARD DATE: 19 May 2009 DOCKET NUMBER: AR20090001908 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The regulation states the reason for discharge based on separation code "KFN" is "Physical disability prior to entry on active duty - Medical Board" and the regulatory authority is Army Regulation 635-40, chapter 5. In addition, it already shows that he was separated for medical reasons (albeit for a medical reason that existed prior to his enlistment).
ARMY | BCMR | CY2009 | 20090001909
The applicant requests, in effect, that his undesirable discharge be upgraded to honorable. The applicant states, in effect, that he was only 17 years of age at the time of his enlistment. 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.
ARMY | BCMR | CY2009 | 20090001910
IN THE CASE OF: BOARD DATE: 10 March 2009 DOCKET NUMBER: AR20090001910 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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. _________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 | 20090001912
The applicant requests, in effect, that his records be corrected to show his schizophrenia was determined to have been incurred as a direct result of armed conflict, specially hazardous military duty, training exercises that simulate war, or caused by an instrumentality of war and that this disability is eligible for award of Combat-Related Special Compensation (CRSC). Incurring disabilities while in a theater of operations or in training exercises is not, in and of itself, sufficient to...
ARMY | BCMR | CY2009 | 20090001914
On 10 February 1953, the 5th Cavalry Regiment, 61st Field Artillery Battalion, and Battery "A," 29th AAA AW Battalion, departed from Otaru, Japan for Pusan and Koje-do, Korea to relieve the 7th Cavalry. The applicants DD Form 214 shows his most significant assignment was with the 7th Cavalry Regiment. If the 7th Cavalry returned to Japan by 20 February 1953, it is very likely that the applicant completed most if not all of his foreign service in Japan rather than Korea and, therefore,...
ARMY | BCMR | CY2009 | 20090001915
The applicant requests, in effect, that the Meritorious Service Medal certificate in his Official Military Personnel File (OMPF) with an incorrect name in the citation narrative be removed. The applicant essentially states that the Meritorious Service Medal awarded to him by 20th Support Command Permanent Orders Number 116-7, dated 26 April 2008, contains another Soldier's name in the citation narrative. The applicant provides both of the aforementioned Meritorious Service Medal...
ARMY | BCMR | CY2009 | 20090001918
The applicant requests that he be awarded the Combat Infantryman Badge (CIB) and the Purple Heart. Although the sincerity of the applicant's claims are not in doubt, he has failed to show through the evidence of record and the evidence submitted with his application sufficient evidence to substantiate his claims. __________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 | 20090001920
The DD Form 214 the applicant was issued on the date of his discharge confirms he was discharged under the provisions of chapter 10, Army Regulation 635-200, by reason of in lieu of trial by court-martial. It also shows he was assigned a Separation Program Designator (SPD) code of KFS and an RE code of RE-4. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Pertinent Army regulations provide that prior to discharge or release from active...
ARMY | BCMR | CY2009 | 20090001922
The applicant requests, in effect, that his date of birth (DOB) shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected. The applicant's military personnel record contains a DD Form 1966/1 (Record of Military Processing-Armed Forces of the United States) that was completed on 1 April 2004 which shows in item 10 (Date of Birth) 3 March 1980. The DOB shown on his DD Form 214 was used throughout his military record and he was honorably discharged using the...
ARMY | BCMR | CY2009 | 20090001923
In his request for discharge, the applicant indicated that he understood that by requesting discharge he was admitting guilt to the charges against him, or of a lesser included offense, that also authorized the imposition of a bad conduct discharge or a discharge under other honorable conditions. The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows he was discharged for the good of the service in lieu of a court-martial with a characterization of...
ARMY | BCMR | CY2009 | 20090001927
On 20 May 2008, the applicant was accordingly discharged. AR 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel. The "JKK" SPD code is the correct code for Soldiers separating under chapter 14-12(c) of AR 635-200 by reason of misconduct and the "JFF" SPD code is the correct code for Soldiers separating under Secretarial Authority.
ARMY | BCMR | CY2009 | 20090001931
In his request for discharge, the applicant indicated that he understood that by requesting discharge, he was admitting guilt to the charges against him, or of a lesser included offense, that also authorized the imposition of a bad conduct discharge or a discharge under other honorable conditions. Army Regulation 635-200 states, in pertinent part, that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for...
ARMY | BCMR | CY2009 | 20090001932
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 | 20090001934
The applicants military records are not available to the Board for review. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the...
ARMY | BCMR | CY2009 | 20090001935
The applicant requests, in effect, that he be awarded the Armed Forces Expeditionary Medal and that it be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). Section 5 (Service Outside Continental United States) of the applicant's DA Form 24 shows that during the period he was ordered to active duty he had no overseas service. The evidence shows the applicant served on active duty for the period from 23 April 1959 through 12 April 1961 and for the...
ARMY | BCMR | CY2009 | 20090001937
The applicant's records do not contain general orders showing he was awarded the Army Commendation Medal. There is no evidence in the available records of award of the Army Commendation Medal other than the certificate submitted by the applicant. In the absence of the formal recommendation, approval, and orders, there is insufficient evidence to grant the applicant relief in this case.
ARMY | BCMR | CY2009 | 20090001940
The SPD/RE Code Cross Reference Table indicates that RE code 4 is the proper code to assign members separated with SPD code JKK. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. Evidence of record shows the applicant was recommended and approved for separation under the provisions of Army Regulation 635-200, paragraph 14-12c(2), by reason of abuse of illegal drugs.
ARMY | BCMR | CY2009 | 20090001942
The applicant requests his military records be corrected to show his voided enlistment as creditable service and that he be issued either an honorable or a general discharge. A DIS form, dated 13 February 1978, provided the following information: a. on 13 August 1975, the applicant was arrested for grand theft; b. on 11 December 1975, the applicant entered a plea of guilty to the crime of petty theft, valued at less than $150.00, a misdemeanor of the first degree; c. on 14 January 1976, the...
ARMY | BCMR | CY2009 | 20090001943
The applicant requests that his under other than honorable conditions discharge be upgraded to a general under honorable conditions discharge. On 25 April 1991, the applicant submitted a request for discharge for the good of the service under the provisions Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 10. On 2 May 1991, the separation authority approved the applicant's request for discharge and directed that he receive a discharge under other than...
ARMY | BCMR | CY2009 | 20090001948
The applicant requests an upgrade of his undesirable discharge to a general discharge under honorable conditions. The DD Form 214 he was issued confirms he was discharged with an Undesirable Discharge Certificate. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2009 | 20090001951
However, a review of the applicant's official records show no evidence that he was awarded the Purple Heart. However, as the applicant claims, his brother who was assigned to the same unit, was awarded the Purple Heart for wounds received while deployed to Iraq and that award is properly documented in his official records. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the award of the Purple Heart from his DD...
ARMY | BCMR | CY2009 | 20090001957
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that her under other than honorable conditions (UOTHC) discharge be upgraded to a fully honorable discharge (HD), and that the reason for her discharge (for the good of the service in lieu of court-martial) in Item 28 (Narrative Reason for Separation) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) be deleted. The DD Form 214 identifies...
ARMY | BCMR | CY2009 | 20090001958
The applicant requests, in effect, an upgrade of his under other than honorable conditions (UOTHC) discharge. On 15 February 1979, the separation authority approved the applicants request for discharge and directed that he receive a UOTHC discharge under the provisions of chapter 10, Army Regulation 635-200. The applicant's record is void of any evidence that he petitioned the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations.
ARMY | BCMR | CY2009 | 20090001959
In January 1989, the applicant was determined to be within Army Weight standards and he was allowed to enlist in the USAR. It provides that Soldiers who fail to meet the body fat standards set forth in Army Regulation 600-9 shall be separated under this provision when it is the sole basis for separation. The available evidence does not show that the applicant was ever physically unable to perform his duty or that he should have been separated for physical disability.
ARMY | BCMR | CY2009 | 20090001960
Application for correction of military records (with supporting documents provided, if any). The applicant's military record shows that she enlisted in the Regular Army and entered active duty on 15 June 1978. Absent any evidence of error or injustice related to her QMP selection or her discharge processing, there is also an insufficient evidentiary basis to support a change to either the authority or reason for her discharge, or to grant her TERA retirement retoratively at this late date.
ARMY | BCMR | CY2009 | 20090001962
The applicant states that he was never officially awarded the Purple Heart for wounds he received during combat in Vietnam. All the documents in his military records show that his MOS as 13A1O, cannoneer. There is no evidence that the applicant was awarded the Purple Heart and there is no evidence that he was wounded as a result of hostile action.
ARMY | BCMR | CY2009 | 20090001964
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. 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. Although the applicant's separation packet was not available for the Board's review, in order for him to be discharged under the provisions of Army Regulation 635-200, chapter 10, charges...
ARMY | BCMR | CY2009 | 20090001965
The applicant requests, in effect, that item 12a (Date Entered Active Duty This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 3 September 2007 be changed to 4 September 2004 and item 12d (Total Prior Active Service) be changed to include his 2 months and 1 day of active service for Desert Storm. There are no other DD Forms 214 or documents in the applicant's OMPF that show he was credited with any additional active duty service other...