ARMY | BCMR | CY2009 | 20090020848
Counsel requests the following relief: a. the applicant's DA Form 67-8 (U.S. Army Officer Evaluation Report (OER)) for the period from 1 March 1993 through 27 June 1993 (hereafter referred to as the contested OER) be voided; b. the applicant's relief from command be voided; c. the applicant's memoranda of notification of non-selection for promotion to CPT, dated 1 March 1996 and 15 November 1994, be voided; d. the applicant's consideration for promotion to CPT by a Special Selection Board...
ARMY | BCMR | CY2009 | 20090020850
The applicant states the SR did not intend to give him an ACOM OER, even though he knew the OER would go before the FY09 COL Promotion Board. In Part V (Performance and Potential Evaluation - Rater) of the contested report, the rater placed the applicant in the first box (Outstanding Performance, Must Promote). This timeline supports an annual report * there was no evidence that the performance comments on the report were anything other than the considered opinion of his SR * there was no...
ARMY | BCMR | CY2009 | 20090020851
The applicant requests that his undesirable discharge be upgraded to general. The separation authority approved the applicant's request for discharge and directed that he be issued a DD Form 258A (Undesirable Discharge Certificate). _____________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 | 20090020852
Application for correction of military records (with supporting documents provided, if any). The evidence clearly shows that the applicant served on active duty during qualifying periods for award of the GWOTSM, GWOTEM and the lCM with two bronze service stars, and he requested the ICM in lieu of the GWOTEM. As a result, the Board recommends that all State Army National Guard and Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good...
ARMY | BCMR | CY2009 | 20090020853
The applicant requests change of his disability, with severance pay discharge to a medical retirement. On 11 February 2003, an informal PEB found the applicant physically unfit due to: a. chronic right (non-dominant) shoulder, limitation of range of motion, pain with a history of dislocations and ultimately corrective surgery, Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) code 5201, 20 percent (%). On 12 May 2010, the applicant was notified of his option to apply...
ARMY | BCMR | CY2009 | 20090020854
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. He had completed 9 months and 14 days of creditable active duty service and had 203 days of lost time due to AWOL and confinement. The applicant contends that his undesirable discharge should be upgraded to honorable or at least to general under honorable conditions because he was not academically qualified for his MOS training.
ARMY | BCMR | CY2009 | 20090020855
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards: * Army Good Conduct Medal * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Republic of Vietnam Campaign Medal with Device 1960 2. The applicant states: * He is entitled to the Army Good Conduct Medal...
ARMY | BCMR | CY2009 | 20090020856
The applicant requests correction of item 6 (Organization) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show 406th Infantry, 102nd Infantry Division instead of "AT CO 302nd INF." The applicant provides: * a list of evidence he submitted with his application * a self-authored letter, dated 12 November 2009, explaining how the error on his WD AGO Form 53-55 may have occurred and providing details of his service * his WD AGO Form 53-55 * a letter from the National...
ARMY | BCMR | CY2009 | 20090020861
Application for correction of military records (with supporting documents provided, if any). On 1 April 1982, the Army Discharge Review Board (ADRB), after carefully reviewing the applicant's record, determined that his discharge was proper and equitable and voted to deny the applicant's request for an upgrade of his discharge. These documents confirm the applicant was suffering from no disabling physical or mental condition that warranted his separation processing through medical channels.
ARMY | BCMR | CY2009 | 20090020868
The applicant states in rebuttal to the original Record of Proceedings: * he has documented active federal service of 19 years, 3 months, and 16 days * he is entitled to the "presumption for fitness rule" * the Physical Evaluation Board (PEB) did not evaluate his performance of duties in his primary military occupational specialty (PMOS) * the PEB used a diagnostic code prohibited by Department of Defense Instruction (DODI), which misrepresented his injury * the PEB used worldwide...
ARMY | BCMR | CY2009 | 20090020870
IN THE CASE OF: BOARD DATE: 17 June 2010 DOCKET NUMBER: AR20090020870 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. c. The applicant argues that his award of the Aircraft Crewman Badge combined with the fact that a number of other individuals in his unit were awarded the Air Medal should be sufficient for him to be awarded the Air Medal. The applicant contends that his award of the Aircraft Crewman Badge combined with the fact that others in his unit were awarded the Air Medal, should be...
ARMY | BCMR | CY2009 | 20090020871
IN THE CASE OF: BOARD DATE: 3 June 2010 DOCKET NUMBER: AR20090020871 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests reconsideration of his earlier request for an upgrade of his Army National Guard (ARNG) discharge from general to honorable and restoration of his original rank/grade of specialist four (SP4)/E-4. The regulation defines a NGB Form 56a as the form issued to a Soldier who is discharged from the ARNG only and reverts to control of the Army Reserve; whose...
ARMY | BCMR | CY2009 | 20090020874
The applicant requests his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he is authorized the: * National Defense Service Medal (second award) * Global War on Terrorism Service Medal * Korea Defense Service Medal 2. Only one award of the Korea Defense Service Medal is authorized for any individual. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 13 of his DD Form...
ARMY | BCMR | CY2009 | 20090020876
Item 33 (Decorations and Citations) of his WD AGO Form 53-55 does not show award of the Purple Heart. d. A copy of a WD AGO Form 55, dated 4 May 1945, showing he suffered a perforating wound of the left chest on 24 April 1945 and that he underwent an operation on the same day. Regrettably, absent evidence which conclusively shows that the applicant sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that...
ARMY | BCMR | CY2009 | 20090020877
There are no orders in his military personnel records authorizing award of the Purple Heart. Item 41 (Awards and Decorations) of his DA Form 20 does not list the Purple Heart. He further submitted copies of two self-authored letters he submitted to Members of Congress in support of his request for award of the Purple Heart.
ARMY | BCMR | CY2009 | 20090020879
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. There is no evidence in the available records to show that he ever applied to the Army Discharge Review Board for an upgrade of his discharge within that boards 15-year statute of limitations. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.
ARMY | BCMR | CY2009 | 20090020882
The applicant requests correction of item 3 (Social Security Number (SSN)) of his DD Form 214 (Report of Separation from Active Duty) to show the first digit as "1" instead of "4." The applicant's request to have his SSN in his Army records changed was carefully considered; however, it is not supported by the evidence provided. ABCMR Record of Proceedings (cont) AR20090020882 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont)...
ARMY | BCMR | CY2009 | 20090020884
Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. The evidence of record shows the FSM was awarded the Vietnam Service Medal. As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by: a. awarding the FSM the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the...
ARMY | BCMR | CY2009 | 20090020886
The applicant states he does not believe he has a personality disorder. Army Regulation 601-210 (Active and Reserve Components Enlistment Program), then in effect, provided prior to discharge or release from active duty, individuals would be assigned RE codes based on their service records or the reason for discharge. The unit commander recommended that the applicant be discharged based on his diagnosed personality disorder.
ARMY | BCMR | CY2009 | 20090020890
The DD Form 214 he was issued shows he completed 4 months and 22 days of creditable active military service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. He must also submit documentary evidence such as his DD Form 214, National Guard Bureau (NGB) Form 23 (Army National Guard Retirement Credit Record), DA Form 1380 (Record of Individual Performance or Reserve Duty Training), and/or any other documents that...
ARMY | BCMR | CY2009 | 20090020892
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 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. The evidence of record shows SSN 6xx-3x-0xxx was used at the time of the applicant's enlistment in the Regular Army in 1965 and his release from...
ARMY | BCMR | CY2009 | 20090020894
The applicant requests, in effect, correction of her record to reinstate her in the Individual Ready Reserve (IRR) so she may maintain eligibility for payment under the Voluntary Separation Incentive (VSI) Program. The advisory official states there is no record showing the applicant reenlisted in the USAR on or after the date she completed her enlistment. There is no evidence she attempted to reenlist before or after her term of service expired on 9 November 2003 even though it was in her...
ARMY | BCMR | CY2009 | 20090020896
The applicant was awarded the NATO Medal for service with NATO on operations in relation to the Former Republic of Yugoslavia from 17 October 1996 to 30 April 1997 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award. The evidence of record shows the applicant served a qualifying period in Bosnia during Operation Joint Endeavor for award of the Armed Forces Expeditionary Medal and the Armed Forces Service Medal which are not...
ARMY | BCMR | CY2009 | 20090020899
The applicant requests an upgrade of his undesirable discharge to an honorable discharge so he may be able to receive benefits. The applicant was convicted by a special court-martial on 12 November 1971 of being absent from his unit without authority from 10 September 1971 through 14 September 1971 and from 15 September 1971 through 7 October 1971. On 13 March 1973, after consulting with counsel, the applicant submitted a request for discharge under the provisions of Army Regulation...
ARMY | BCMR | CY2009 | 20090020900
The applicant requests upgrade of his general discharge to an honorable discharge. On 10 March 1993, the applicant's commander notified him that action was being initiated to separate him from the Army under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 14, paragraph 14-12c, due to commission of a serious offense - abuse of illegal drugs between 1 August 1992 and 12 November 1992. The commander advised the applicant of his right to be...
ARMY | BCMR | CY2009 | 20090020902
The applicant requests correction of item 12a (Date Entered AD This Period) of his 30 June 1996 DD Form 214 (Certificate of Release or Discharge from Active Duty). The DD Form 214 issued for this period of service (11 February 1974-1 December 1975) is not on file in his record. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
ARMY | BCMR | CY2009 | 20090020904
The applicant requests an upgrade of his discharge. In his request for discharge, the applicant acknowledged 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 or dishonorable discharge. An Undesirable Discharge Certificate would normally be issued to an individual who was discharged for the good of the Service.
ARMY | BCMR | CY2009 | 20090020905
It states the applicant was placed on the TDRL on 23 September 2003 and the DA Form 199 (Physical Evaluation Board (PEB) Proceedings) clearly informed the applicant of the requirement to keep the USAPDA informed of his current address, that he was required to participate in periodic TDRL reevaluations, and that failure to comply would result in removal from the TDRL and suspension of retired pay. The USAPDA advisory opinion further indicates the applicant was notified at his address in...
ARMY | BCMR | CY2009 | 20090020913
The applicant requests correction of item 12f (Foreign Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployment to Iraq from 15 March 2003 to 12 March 2004. Item 12f on his DD Form 214 does not show any foreign service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 12f on his DD Form 214 to show the entry 0000 11 27. _______ _ X_______ ___ CHAIRPERSON I...
ARMY | BCMR | CY2009 | 20090020915
The applicant requests his discharge under other than honorable conditions (UOTHC) be upgraded to a general discharge. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. Also, his service record shows 16 days of lost time.
ARMY | BCMR | CY2009 | 20090020916
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests upgrade of his general discharge to an honorable discharge. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.
ARMY | BCMR | CY2009 | 20090020917
Application for correction of military records (with supporting documents provided, if any). The applicant requests that he be issued a new DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) which shows his dates of service from 16 July 1971 to 7 September 1984, and that he was medically retired for a service related disability. The applicant's DD Form 214 records the service he performed while he was on initial active duty for training.
ARMY | BCMR | CY2009 | 20090020918
In addition, there is no evidence of record and the applicant did not provide any evidence which shows he served in active ground combat while an assigned member of an infantry unit of brigade or smaller size in Vietnam. Regrettably, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...
ARMY | BCMR | CY2009 | 20090020919
Application for correction of military records (with supporting documents provided, if any). The applicant requests his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his military occupational specialty (MOS) as a truck driver and not a cook. 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...
ARMY | BCMR | CY2009 | 20090020923
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his military records by setting aside the nonjudicial punishment (NJP) imposed under Article 15, Uniform Code of Military Justice (UCMJ). He elected not to appeal the punishment of the second NJP, which reduced him to pay grade E-2.
ARMY | BCMR | CY2009 | 20090020924
The applicant's records contain a DA Form 20 (Enlisted Qualification Record) that shows he attended the 8-week clerk-typist course at Fort Leonard Wood, MO and he was awarded military occupational specialty (MOS) 71B (Clerk-Typist). The applicant wants his MOS changed on his DD Form 214 to show he was an infantryman. _______ _ _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...
ARMY | BCMR | CY2009 | 20090020925
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 award of the Armed Forces Expeditionary Medal (AFEM) for his service in Lebanon. Therefore, there is sufficient evidence on which to base award of the AFEM in this case.
ARMY | BCMR | CY2009 | 20090020928
The applicant requests upgrade of his undesirable discharge to an honorable discharge. However, his records contain a copy of his duly constituted DD Form 214 that shows he was administratively discharged on 15 August 1972 under the provisions of Army Regulation 600-200 (Personnel Separations - Enlisted Personnel), chapter 10, for the good of the service - in lieu of court-martial. ___________X_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the...
ARMY | BCMR | CY2009 | 20090020929
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his bad conduct discharge (BCD) be upgraded to at least a general discharge. The applicants contentions have been noted; however, he has failed to show through evidence submitted with his application or the evidence of record, sufficient evidence to warrant an upgrade of his discharge.
ARMY | BCMR | CY2009 | 20090020931
Army Regulation 600-8-22 (Military Awards) states that the KDSM is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined. As the applicant was not on active duty on or after 18 September 2001, he does meet the eligibility criteria for award of the Combat Action Badge.
ARMY | BCMR | CY2009 | 20090020935
The applicant requests award of the Combat Infantryman Badge (CIB). Regrettably, there is insufficient evidence on which to base award of the CIB in this case. _______ _ _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 | 20090020937
He also requests his general discharge be upgraded to an honorable discharge. On 28 September 1970, the applicant consulted with counsel and requested discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, for the good of the service in lieu of court-martial. The applicant has provided no evidence of an error or injustice in the charges of three periods of AWOL documented in his MPRJ.
ARMY | BCMR | CY2009 | 20090020940
On 24 July 1990, his immediate commander notified him of his intent to initiate separation action against him in accordance with Army Regulation 635-200, chapter 14, for misconduct, citing his positive test on the command-directed urinalysis and his bar to reenlistment. Chapter 6 of that regulation provides for barring from reenlistment individuals whose continued active duty is not in the best interest of the military service. The applicant subsequently submitted an appeal to the approved...
ARMY | BCMR | CY2009 | 20090020941
Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. Evidence of record shows the applicant served three foreign service tours in U.S. ArmyEurope and one tour in U.S. ArmyKorea. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding...
ARMY | BCMR | CY2009 | 20090020943
The applicant requests that his under other than honorable conditions (UOTHC) discharge be upgraded to an honorable discharge. 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. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.
ARMY | BCMR | CY2009 | 20090020944
The applicant requests that his general discharge be changed to a medical discharge. Army Regulation 635-212, then in effect, set forth the policy and procedures for administrative separation of enlisted personnel for unfitness and unsuitability. There is no evidence in the applicant's record nor did the applicant submit any evidence showing he was being considered for a medical discharge from the military.
ARMY | BCMR | CY2009 | 20090020951
The applicant states he served in military occupational specialty (MOS) 13E (Field Artillery Operations and Intelligence) as a Radio Telephone Operator with an infantry unit and he should have been awarded the Combat Infantryman Badge. Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. ...
ARMY | BCMR | CY2009 | 20090020954
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 applicants records also show he served in Korea from on or about 28 February 1978 to 30 September 1980. The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued at the time shows he was released under the...
ARMY | BCMR | CY2009 | 20090020959
The applicant requests that item 23a (Specialty Number and Title) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending 20 July 1971 be changed to show MOS 11C1O (Infantry Indirect Fire Crewman) instead of MOS 76P2O (Stock Control and Accounting Specialist). The applicant contends his 20 July 1971 DD Form 214 should be corrected to show MOS 11C1O in item 23a. The available evidence shows the applicant completed AIT and was awarded MOS 11C1O in...
ARMY | BCMR | CY2009 | 20090020962
On 29 October 1981, the applicant was notified of a pending separation action against him under the provisions of Army Regulation 635-200, paragraph 5-31, under the Expeditious Discharge Program due to failure to maintain acceptable standards for retention. On 2 November 1981, the separation authority approved the recommendation for separation and directed that the applicant be issued a general discharge. __________X____________ CHAIRPERSON I certify that herein is recorded the true and...