ARMY | BCMR | CY2009 | 20090020203
The applicant's service record contains orders which show he performed duty as a crew member in the Republic of Vietnam. Therefore, should be awarded the Army Good Conduct Medal (First Award) 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: a. awarding him the Army Good Conduct Medal (1st Award) for the period 30 September 1968 through 28 August 1971 and b....
ARMY | BCMR | CY2009 | 20090020206
The DD Form 214 shows: a. item 6 (Reserve Obligation Termination Date) - 20101207 (i.e., 7 December 2010); b. item 11 (Primary Specialty) - 27A Judge Advocate General - 0 years and 8 months; c. item 12 (Record of Service): * block c (Net Active Service This Period) - 0 years, 7 months, 23 days * block d (Total Prior Active Service) - "See Block #18" * block e (Total Prior Inactive Service) - "See Block #18" d. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or...
ARMY | BCMR | CY2009 | 20090020210
He was discharged on 14 November 2007 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, in lieu of trial by court-martial. The regulation states the reason for discharge based on separation code "KFS" is "in lieu of trial by court-martial" and the regulatory authority is Army Regulation 635-200, chapter 10. Army Regulation 635-200 states, in pertinent part, that prior to discharge or release from active duty, individuals will be...
ARMY | BCMR | CY2009 | 20090020211
Application for correction of military records (with supporting documents provided, if any). The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Eighth United States Army (EUSA), Korea from 6 April 1960 through 23 April 1961 in item 29 (Foreign Service). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 24c of his 6 November 1962 DD Form 214 by deleting the current entry and...
ARMY | BCMR | CY2009 | 20090020212
The applicant's military records show he accepted an appointment as a Reserve Commissioned Officer in the rank/grade of second lieutenant (2LT)/O-1 on 5 June 1964 and he was ordered to active duty from the U.S. Army Reserve (USAR) on 13 October 1964. As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by: a. deleting from item 26 of his DD Form 214 the Vietnam Service Medal; and b. adding to item 26 of his DD Form 214 the Army Commendation Medal,...
ARMY | BCMR | CY2009 | 20090020213
Army Regulation 600-8-22 (Military Awards) provides for the following awards: a. The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. c. The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period. The Cold War Recognition Certificate, NATO...
ARMY | BCMR | CY2009 | 20090020214
The applicant requests retroactive payment of $1,000.00 for the Involuntary Assignment Incentive Pay (AIP) program for his extended deployment in Iraq. The advisory official opined that based on the Department of the Army Personnel Policy Guidance, Soldiers/units who are involuntarily extended by the Secretary of Defense for extension beyond 12 consecutive months boots on ground (BOG) or 12 out of 15 months (365 days out of 450 days) and are deployed to Iraq (to include staging time in...
ARMY | BCMR | CY2009 | 20090020215
Therefore, his records should be corrected to show this award. The applicant participated in five campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with one silver service star. 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 Good Conduct Medal for the period 7 August 1967 thorough 6 August 1969; b. deleting the entries "Army...
ARMY | BCMR | CY2009 | 20090020216
Application for correction of military records (with supporting documents provided, if any). The applicant, the daughter in law of a deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-98 (Military Record and Report of Separation - Certificate of Service) to show award of the Silver Star. The WD AGO Form 53-98 contained in the FSMs service personnel records does not show the Silver Star as an authorized award.
ARMY | BCMR | CY2009 | 20090020218
The applicant, the widow of a deceased former service member (FSM), requests upgrade of the FSM's undesirable discharge to a general discharge. On 8 September 1978, the Army Discharge Review Board denied the FSM's request to upgrade his discharge. The FSM accepted NJP on three occasions and he was sentenced to 6 months confinement by a civil court action.
ARMY | BCMR | CY2009 | 20090020221
The applicant requests, in effect, correction of her record by: * changing her date of rank (DOR) for specialist (SPC)/E-4 to 13 October 2004 and paying her back pay for the period 13 October 2004 to 1 April 2006 * paying her a signing bonus for enlisting in 2003 during a time of war * advancing her on the retired list to the highest grade she satisfactorily held on active duty 2. Item 2 of her Dep-IN (Statement of Understanding-Regular Army Enlistment Delay for Applicants with Prior...
ARMY | BCMR | CY2009 | 20090020222
The applicant requests a DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)) imposed on 9 June 1997 and a general officer memorandum of reprimand (GOMOR), dated 9 June 1997, be removed from his official military personnel file (OMPF). A DA Form 2627, dated 9 June 1997, shows nonjudicial punishment was imposed against the applicant for stealing a blanket (value of $20.00), the property of AAFES. A review of the performance section of the...
ARMY | BCMR | CY2009 | 20090020225
Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, as corrected by a DD Form 215 (Correction to DD Form 214), shows the following awards: * Army Service Ribbon * Army Lapel Button * National Defense Service Medal * Army Reserve Components Achievement Medal with 3 oak leaf clusters * Noncommissioned Officer (NCO) Professional Development Ribbon with Numeral 4 * Army Achievement Medal * Armed Forces Reserve Medal *...
ARMY | BCMR | CY2009 | 20090020226
Application for correction of military records (with supporting documents provided, if any). Item 18 (Remarks) of the applicant's DD Form 214 contains the entry "SERVICE IN SOUTHWEST ASIA 19930427 - 19950316." 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 delete the current SWA service entry in item 18 and replacing it with the entry "SERVICE IN SOUTHWEST ASIA FROM 19910104 -...
ARMY | BCMR | CY2009 | 20090020227
He states he would like the Article 15 and letter of reprimand removed under the provisions of Army Regulation 600-37, paragraph 7-4 which states the intent of the punishment has been served. He also states information regarding extenuating circumstances related to the case was not presented. The applicant states he kept his chain of command informed of his decision to use his government credit card to pay for his rental car while on leave. The applicant appealed the UCMJ action by...
ARMY | BCMR | CY2009 | 20090020229
The applicant requests that his prior active service be entered on his DD Form 214 (Certificate of Release or Discharge from Active Duty) in item 12d (Total Prior Active Service) for the period ending 4 November 2009. The applicant's military records show that he was commissioned and entered active duty on 27 May 1981. The applicant served 20 years, 11 months, and 28 days of inactive service between the date of his release from active duty on 1 November 1987 and the date he entered active...
ARMY | BCMR | CY2009 | 20090020232
Army Regulation 600-8-22 states service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 19 March 2003 and 28 February 2005 in an area for which the Iraq Campaign Medal was subsequently authorized will remain qualified for that medal. The regulation states no service member will be entitled to both the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal for the same period of service. As a result, the Board recommends...
ARMY | BCMR | CY2009 | 20090020233
The applicant's unit commander notified him of pending separation action under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 13, for unsuitability - apathy, defective attitudes, or inability to expend efforts constructively. There is no evidence of record which shows the applicant applied to the Army Discharge Review Board within that board's 15-year statute of limitations. Army Regulation 635-200, paragraph 3-7a, provides that an honorable...
ARMY | BCMR | CY2009 | 20090020234
The applicant requests award of the Combat Infantryman Badge (CIB). Army Regulation 600-8-22 (Military Awards) provides for award of the CIB. In the absence of evidence that he served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size, there is insufficient evidence upon which to base award of the CIB in this case.
ARMY | BCMR | CY2009 | 20090020235
He also requests copies of all his military records. The applicant requested a copy of his military records. In his request for discharge, he indicated he understood that by requesting a 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 | BCMR | CY2009 | 20090020236
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant's record includes a DA Form 2173 (Statement of Medical Examination and Duty Status) showing in item 30 (Remarks) that his unit was participating in a search and destroy mission on 21 July 1966. The investigation conducted after the incident and the statement the applicant made at the time confirm his injury was not the result of hostile action.
ARMY | BCMR | CY2009 | 20090020237
The applicant requests the Army of Occupation Medal with two bronze service stars be added to his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge). Therefore, his WD AGO Form 53-55 should be corrected to show this unit award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 33 of his WD AGO Form 53-55 the Asiatic-Pacific Service Medal, and b. adding to item 33 of...
ARMY | BCMR | CY2009 | 20090020238
The applicant requests correction of his record to show he served until April 1989 and completed his service obligation. When the applicant enlisted in the Oregon Army National Guard on 14 April 1983, he incurred a contractual obligation to serve as an active member of the Army National Guard for 3 years and a statutory obligation to serve as a Reserve of the United States Army for 6 years. He was not discharged on that date because he had not completed his contractual obligation.
ARMY | BCMR | CY2009 | 20090020241
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. 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.
ARMY | BCMR | CY2009 | 20090020243
(6) A letter, dated 23 October 2009, wherein a career counselor also describes the applicant as a straight forward and a reliable person with a strong character and recommends that his discharge be upgraded. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. Therefore, there is insufficient evidence to support an upgrade of his discharge to a general or an honorable discharge.
ARMY | BCMR | CY2009 | 20090020250
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. The ADRB is not empowered to review discharges as a result of a sentence by a general court-martial and, based upon the facts in this case and the evidence provided, it was determined that no formal hearing by the ABCMR was required. The...
ARMY | BCMR | CY2009 | 20090020255
The applicant requests his 1984 discharge under other than honorable conditions be upgraded to honorable. The applicant provides the following documents, some of which are also included in his available Official Military Personnel File (OMPF): * October 1978 Noncommissioned Officers Academy Completion Certificate * Enlisted Evaluation Report for the period ending in February 1979 * March 1979 Certificate of Achievement * 10 January 1980 Honorable Discharge Certificate * Undated Disposition...
ARMY | BCMR | CY2009 | 20090020261
Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service. The evidence of record and general orders clearly show that the applicant was twice wounded in action and awarded the Purple Heart with an Oak Leaf Cluster. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him...
ARMY | BCMR | CY2009 | 20090020263
Application for correction of military records (with supporting documents provided, if any). The applicant states: * he is requesting award of the Combat Infantryman Badge for his service with the 25th Infantry Division in Vietnam * he was assigned to this unit when he received the Purple Heart * he was sent back to the states to be treated for wounds received while in combat in Vietnam 3. As a result, the Board recommends that all Department of the Army records of the individual concerned...
ARMY | BCMR | CY2009 | 20090020265
Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. The applicant's request for reconsideration of his previous application for correction of his DD Form 214 to show award of the Purple Heart was carefully considered and found to be supported by the evidence. As a result, the Board recommends that all...
ARMY | BCMR | CY2009 | 20090020266
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 8 June 2005, the applicants commander notified him that he was initiating action to separate him from the service under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 14, for misconduct due to commission of a serious offense. The applicant was discharged for misconduct and he has failed to show through the evidence submitted with his application and the...
ARMY | BCMR | CY2009 | 20090020274
The applicant requests correction to item 7b (Home of Record (HOR) at the Time of Entry) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 9 April 1998. The same HOR is listed on his 1997 DD Form 4/1 as shown in Item 7a of this DD Form 214. Neither the evidence submitted with the application nor the evidence of record supports his request or that Item 7b of his DD Form 214 is in error or unjust.
ARMY | BCMR | CY2009 | 20090020276
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 9 August 2003 to show award of the Global War on Terrorism Service Medal as well as all awards and training shown on his previous DD Form 214 for the period ending 20 September 1997. The applicant provides copies of his DD Forms 214, orders to active duty, orders for medical treatment, and U.S. Army Reserve Personnel Command (ARPC) Form 249-2-E (Chronological...
ARMY | BCMR | CY2009 | 20090020277
On 15 June 2006, he completed a DD Form 2656-5 (RCSBP Election Certificate) electing to participate in the RCSBP with coverage for his sister as a person with insurable interest, option C, full retired pay. The evidence of record shows in June 2006, the applicant elected RCSBP coverage for his sister, a person with insurable interest. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing he requested termination of...
ARMY | BCMR | CY2009 | 20090020279
The FSM's WD AGO 53-55 shows he was awarded the Bronze Star Medal prior to his discharge on 20 September 1945. The applicant was discharged prior to the provision that authorized award of the Bronze Star Medal based on award of the Combat Infantryman Badge. As a result, the Board recommends that all Department of the Army records of the FSM be corrected by: a. awarding the FSM the Bronze Star Medal with First Oak Leaf Cluster based upon award of the Combat Infantryman Badge; and b.....
ARMY | BCMR | CY2009 | 20090020281
The applicant's record is void of documentation showing he served with JTF 160 at Guantanamo Bay during his military service. The evidence of record does not show the applicant served with JTF 160 at Guantanamo Bay during Operation SEA SIGNAL, and the applicant has not provided such documentation. The evidence of record shows the applicant served in Korea for over a year during the period of eligibility for the KDSM.
ARMY | BCMR | CY2009 | 20090020282
Application for correction of military records (with supporting documents provided, if any). The applicant requests upgrade of her under other than honorable conditions (UOTHC) discharge. On 6 February 2008, the Army Discharge Review Board determined the applicant's reason for discharge and characterization of service were both, proper and equitable and denied her request for an upgrade of her discharge.
ARMY | BCMR | CY2009 | 20090020286
On 15 March 2006, the separation authority approved the applicant's discharge for commission of a serious offense under the provisions of Army Regulation 635-200, paragraph 14-12c and directed the applicant receive a characterization of service of general under honorable conditions. SPD code JKK is the correct code for Soldiers separated under paragraph 14-12c(2) of Army Regulation 635-200. The applicant's request to change his RE code was carefully considered, but it is not supported by...
ARMY | BCMR | CY2009 | 20090020287
Application for correction of military records (with supporting documents provided, if any). A second DD Form 214 documents the applicant's service from 5 June 1979 to his retirement on 31 May 1993. Although the applicant states his retirement DD Form 214 should be corrected to reflect he entered active duty at Fort Polk, the evidence of record shows, on 5 June 1979, the applicant reenlisted at Coleman Barracks in Mannheim, Germany.
ARMY | BCMR | CY2009 | 20090020288
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 | 20090020291
The applicant requests that he be paid $42,000.00 in Army College Fund (ACF) benefits as outlined in his enlistment contract. The applicants military records may be corrected to show his Statement for Enlistment - United States Army Enlistment Program was amended to include the sentence, "If ACF benefits in the amount of $42,000.00 (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...
ARMY | BCMR | CY2009 | 20090020292
Application for correction of military records (with supporting documents provided, if any). There is no evidence the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. The applicant contends he wants his undesirable discharge upgraded to an honorable discharge due to turmoil caused by the integration of the Army at the time of his service.
ARMY | BCMR | CY2009 | 20090020294
IN THE CASE OF: BOARD DATE: 03 June 2010 DOCKET NUMBER: AR20090020294 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 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.
ARMY | BCMR | CY2009 | 20090020296
His punishment consisted of a forfeiture of $50.00 pay per month for 2 months and 21 days of extra duty and restriction * On 18 April 1967, for disobeying a lawful order. However, his record contains a properly-constituted DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that shows he was discharged on 20 August 1967 under the provisions of Army Regulation 635-212 (Personnel Separations - Discharge -Unfitness and Unsuitability), Separation Program Number 28B,...
ARMY | BCMR | CY2009 | 20090020298
The applicant requests upgrade of his under other than honorable conditions discharge to an honorable discharge. On 16 November 1977, his unit commander stated that the applicants duty performance had been deteriorating for about the last 6 months. There is no evidence that 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 | 20090020300
Army Regulation 27-10 (Military Justice), effective 1 September 1980, states the decision whether to file the original DA Form 2627 in the OMPF will be determined at the time of imposition of punishment by the commander imposing the punishment. The applicant's request that his record be corrected by removing documentation of two instances of NJP under Article 15, UCMJ, was carefully considered and not supported by the evidence in this case. There is no evidence in the available records and...
ARMY | BCMR | CY2009 | 20090020301
The applicant requests that the 19 days of leave restored to him by the Army Board for Correction of Military Records (ABCMR), which he subsequently lost again, be again restored to him. As a result, the ABCMR recommended that the applicant's records be corrected by adjusting his leave balance to show restoration of 19 days of leave lost at the end of fiscal year 2007 under the provisions of the special leave accrual authority. f. Paragraph 3-2c states the Soldiers assigned to a designated...
ARMY | BCMR | CY2009 | 20090020310
Application for correction of military records (with supporting documents provided, if any). The applicant requests amendment of Item 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in support of Operation Enduring Freedom and Operation Iraqi Freedom. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Item 18 of the applicant's DD Form 214 to show the entry...
ARMY | BCMR | CY2009 | 20090020317
The evidence of record shows he was appointed as a 1LT, Chaplain Corps, with a DOR of 25 August 1994. Once he is appointed in the USAR in the correct grade, USAHRC officials should determine the earliest dates he would have qualified for consideration for promotion to MAJ and LTC and, if necessary, have his records be considered for promotion by a special selection board to MAJ and LTC, under the appropriate year(s) criteria, as soon as he became eligible for such promotions based on his...
ARMY | BCMR | CY2009 | 20090020319
The applicant requests, in three separate applications, correction of item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 5 July 2002 to show the following awards: * Sea Service Ribbon with one bronze service star * Army Service Ribbon * Army Good Conduct Medal * Army Commendation Medal * Global War on Terrorism Service Medal 2. Army Regulation 600-8-22 states the Army...