ARMY | BCMR | CY2009 | 20090021103
Therefore, the preponderance of evidence in this case is sufficient to award the applicant the Purple Heart for wounds received on 16 July 1970 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 awarding the applicant the: * Purple Heart for wounds received on 16 July 1970 in the Republic of Vietnam * Army Good Conduct Medal for the period 19 November 1968 to 28 October 1970 2. The Board also...
ARMY | BCMR | CY2009 | 20090021108
The applicant requests an upgrade of her discharge from the U.S. Army Reserve (USAR) from a general discharge to an honorable discharge. The applicants record shows she was discharged by reason of continued absence from drills with a general discharge. __________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 | 20090021109
The applicant requests upgrade of his undesirable discharge to an honorable discharge. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. After a review of the applicants record of service, it is evident that his quality of service did not meet the standards of acceptable conduct and performance of duty for Army personnel.
ARMY | BCMR | CY2009 | 20090021114
Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained as a result of hostile action. There is no evidence of record and the applicant did not provide any evidence to show that he was wounded as a result of hostile action, that he was treated by medical personnel, and that his treatment was made a matter of official record. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by...
ARMY | BCMR | CY2009 | 20090021115
On an unknown date following his second period of AWOL, the applicant's commander initiated separation action against him for unfitness under the provisions of Army Regulation 635-208 (Personnel Separations-Discharge-Unfitness). Army Regulation 635-208, in effect at the time, provided the authority for discharging enlisted personnel for unfitness. Instead, he went AWOL a second time and his commander initiated discharge proceedings.
ARMY | BCMR | CY2009 | 20090021120
The evidence of record shows the applicant honorably served during the period 24 January 1964 through 24 January 1966. Therefore, he should be awarded the AGCM (first award) and his DD Form 214 should be corrected 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. deleting from item 26 of his DD Form 214 the Vietnam Service Medal; b. awarding him the Army Good Conduct Medal (first award) for the...
ARMY | BCMR | CY2009 | 20090021121
Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards: the Vietnam Service Medal, the National Defense Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960). The evidence of record also shows he met the criteria for award of the Army Good Conduct Medal; however, this award is not shown on his DD Form 214. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2009 | 20090021123
Application for correction of military records (with supporting documents provided, if any). The applicant requests information regarding his twice non-selection for promotion to major (MAJ/O-3) be removed from his Official Military Personnel File (OMPF). As a result, absent any evidence of error or injustice, there is an insufficient evidentiary basis to remove these properly filed documents at this time.
ARMY | BCMR | CY2009 | 20090021127
The applicant submitted a DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States) requesting an upgrade of his under other than honorable conditions discharge: a. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. The applicant's continuous honorable active service from 8 April 2002 through 7 April 2005 is acknowledged and it is recorded on the...
ARMY | BCMR | CY2009 | 20090021131
Military Personnel Records and advisory opinions (if any). He was promoted with a date of rank of 18 August 2009 and an effective date of 19 August 2009. e. In accordance with information received from LTC E__ S__, who was Chief, DA Secretariat-STL during the board process, the Officer Management Branch had three valid higher graded positions they could have used to assign the applicant to when publishing his assignment orders. However, evidence indicates that once it was known he was...
ARMY | BCMR | CY2009 | 20090021140
This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. This document shows the unit to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders 43, dated 1970. f. Army Regulation 600-8-22 states the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military...
ARMY | BCMR | CY2009 | 20090021141
The applicant requests that his discharge with severance pay be changed to a medical retirement, that he be shown to be entitled to Combat Related Special Compensation (CRSC), and that his award of the Army Good Conduct Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The applicant provides copies of 2nd Armored Division General Order Number 1719, a 23 December 1971 DD Form 214, a 23 May 1985 National Guard Bureau (NGB) Form 22 (Report...
ARMY | BCMR | CY2009 | 20090021144
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. The applicant has provided no evidence to substantiate his allegations that he was attacked or that his commanders failed to protect him.
ARMY | BCMR | CY2009 | 20090021152
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart. Based on this entry, there is sufficient evidence to show he met the requirements and is entitled to correction of his records to show award of the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received on...
ARMY | BCMR | CY2009 | 20090021162
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 3 September 1982, the separation authority approved the applicant's voluntary request for discharge and directed that he be furnished an under other than honorable conditions discharge. There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations.
ARMY | BCMR | CY2009 | 20090021165
He also states, in effect, he was awarded Air Medals while serving in Vietnam and they are not shown on his DD Form 214. The available evidence shows the applicant was authorized one Air Medal and this medal is shown on his DD Form 214. 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 | 20090021168
Application for correction of military records (with supporting documents provided, if any). Item 3 (Social Security Number) of his DD Form 214 (Report of Separation from Active Duty) shows an SSN with the number "8" as the sixth digit. The evidence of record shows the applicant used an SSN that contains the number "8" as the sixth digit upon his enlistment in the FLARNG.
ARMY | BCMR | CY2009 | 20090021175
The applicant requests, in effect, upgrade of his undesirable discharge to an honorable discharge. The applicant states that when he got out of the hospital in Vietnam, he applied for and he was granted leave to go home. Chapter 10 of the version in effect at the time provided that a member who committed an offense or offenses for which the authorized punishment included a punitive discharge, could submit a request for discharge for the good of the service at any time after court-martial...
ARMY | BCMR | CY2009 | 20090021178
Application for correction of military records (with supporting documents provided, if any). Disabilities that were incurred while in a theater of operations or in training exercises is not, in and of itself, sufficient to grant a military retiree CRSC. Without evidence to establish a direct causal relationship of the applicants disabilities to war or the simulation of war there is insufficient basis in which to grant his request.
ARMY | BCMR | CY2009 | 20090021179
The board found him unfit for further military service and recommended that he be discharged from the service due to frequent acts of a discreditable nature and issued an Undesirable Discharge Certificate. When separation for unfitness was warranted, an undesirable discharge was normally considered appropriate. 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 | 20090021180
On 25 March 1992, the separation authority approved the applicant's request for discharge and directed that he receive an UOTHC discharge. On 13 May 1992, the applicant was discharged accordingly. There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations 9.
ARMY | BCMR | CY2009 | 20090021181
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of the home of record (HOR) and social security number (SSN) that is shown on her DD Form 214 (Certificate of Release or Discharge from Active Duty). The regulatory policy in effect at the time of the applicant's separation from active duty did not provide for the DD Form 214 to show the HOR.
ARMY | BCMR | CY2009 | 20090021183
The applicant also claims the CIB and ARCOM he earned while serving in the Republic of Vietnam (RVN) should be added to the awards listed in item 24 of his DD Form 214. The applicant's request that his DD Form 214 be changed to reflect the first name as recorded on his Certification of Birth and to delete the middle name also has been carefully considered. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from...
ARMY | BCMR | CY2009 | 20090021185
The applicant requests that his records be corrected to reflect awards of the Good Conduct Medal (GCMDL), the Combat Infantryman Badge (CIB), the Vietnam Service Medal (VSM) with three bronze service stars (3BSS), the Sharpshooter Marksmanship Qualification Badge with automatic rifle, machinegun and rifle bars, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Air Medal for 25 helicopter combat inserts, and all decorations awarded to his unit. He had served 1...
ARMY | BCMR | CY2009 | 20090021186
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. 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...
ARMY | BCMR | CY2009 | 20090021187
The applicant requests her under other than honorable conditions (UOTHC) discharge be upgraded to an honorable discharge (HD) and correction of her reentry (RE) code. However, it does include a properly-constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued to the applicant on 13 March 1981 showing she was discharged under the provisions of chapter 10, Army Regulation 635-200, by reason of Administrative discharge conduct triable by Court-Martial...
ARMY | BCMR | CY2009 | 20090021190
The applicant requests correction of his record to show award of the Bronze Star Medal. Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show award of the Bronze Star Medal. ____________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 | 20090021192
The applicant contends his under other than honorable conditions discharge should be upgraded based on his prior good conduct and achievements. Based on the positive test results, his commander initiated separation action under the provisions of chapter 14, Army Regulation 635-200, for misconduct. After reviewing the facts, the board of officers found the applicant had used illegal drugs and recommended that he be separated with an under other than honorable conditions discharge in...
ARMY | BCMR | CY2009 | 20090021193
The applicant's record contains (and he also provides copies of) three separate general orders showing he was awarded the Purple Heart (First Award) for wounds received in action in the Republic of Vietnam on 24 August 1969. Army Regulation 672-5-1 (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. Records show that the applicant was awarded the Vietnam Service Medal.
ARMY | BCMR | CY2009 | 20090021196
Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualifying period of active duty enlisted service. The applicant's records do not show indiscipline or lost time, he received "excellent" conduct and efficiency ratings throughout his military service, and he was promoted to SP5/E-5. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2009 | 20090021197
The applicant requests correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show awards for his service in the Republic of Vietnam (RVN). The applicant's records show he was awarded the RVN Campaign Medal with Device (1960), Overseas Service Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, all of which were not recorded on his DD Form 214. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2009 | 20090021199
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he entered active federal service on 3 October 1993. He completed his initial term of active duty service and reenlisted on 2 March 1997 for 4 years.
ARMY | BCMR | CY2009 | 20090021202
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show he held the rank/grade of staff sergeant (SSG)/pay grade E-6 instead of specialist four (SP4)/pay grade E-4 at the time of release from active duty. His record contains no evidence and he has failed to provide evidence showing he was promoted to the rank of SSG/E-6 during the period of active duty service covered by his DD Form 214. Evidence shows the applicant was promoted to SSG/E-6 in...
ARMY | BCMR | CY2009 | 20090021203
The applicant's military records show he enlisted in the Regular Army in pay grade E-3 on 11 December 2001 for 3 years. The applicant's supervisor testified he had been and continued to be an outstanding Soldier in his unit. The evidence of record shows the applicant was convicted pursuant to his guilty pleas by a special court-martial adjudged on 15 August 2005 and discharged on 26 October 2007 pursuant to the approved sentence of a special court-martial.
ARMY | BCMR | CY2009 | 20090021207
The applicant states her character of service during the period of her active duty training (ADT) from 21 February through 24 June 1991 was categorized as uncharacterized. Only the honorable characterization may be awarded a Soldier upon completion of his/her period of enlistment or period for which called or ordered to active duty or active duty for training, or where required under specific reason for separation, unless an entry-level status separation (uncharacterized) is warranted...
ARMY | BCMR | CY2009 | 20090021208
The applicant requests correction of his military records to show that he is entitled to voluntary separation incentive (VSI) payments based on his 3 years of service in the U.S. Army Reserve (USAR). On 19 June 2001, the applicant reenlisted in the USAR for 6 years. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. voiding his discharge from the USAR on 24 June 2008, b. permitting him to reenlist in the USAR providing...
ARMY | BCMR | CY2009 | 20090021209
On 3 June 1971, nonjudicial punishment (NJP) was imposed against the applicant for being AWOL from 1-2 June 1971. Accordingly, he was discharged on 25 February 1972, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service - in lieu of trial by court-martial and issued an Undesirable Discharge Certificate. 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 | 20090021210
There are no orders for the Purple Heart in the applicants service personnel records. DISCUSSION AND CONCLUSIONS: There is no evidence of record which shows that the applicant was wounded as a result of hostile action in Vietnam. In the absence of orders or other evidence of record showing that the applicant was injured or treated for wounds as a result of hostile action in Vietnam, the radiology reports provided by the applicant are not sufficient as a basis for award of the Purple Heart.
ARMY | BCMR | CY2009 | 20090021213
Application for correction of military records (with supporting documents provided, if any). Additionally, item 38 (Record of Assignments) of the applicant's DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military 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 9 April 1969 through 8 April 1971; and b....
ARMY | BCMR | CY2009 | 20090021216
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. Chapter 10 of the version in effect at the time provided that a member who committed an offense or offenses for which the authorized punishment included a punitive discharge, could submit a request for discharge for the good of the service at any time after court-martial charges were preferred.
ARMY | BCMR | CY2009 | 20090021217
The applicant provides a character reference; a memorandum from an assistant professor of military science (APMS) which states that the applicant has demonstrated nothing but the highest levels of motivational spirit, desire to succeed, and emotional well being; civilian medical records which do not record any mental problems; a letter from a physician who states that he has seen the applicant twice since June 2008 and the applicant has never been diagnosed or treated for bipolar disorder,...
ARMY | BCMR | CY2009 | 20090021218
On 2 May 2007, USAHRC notified the applicant by memorandum that he was selected for command by the Fiscal Year 2008 (FY08) LTC Army Medical Department (AMEDD) Command Selection Board (CSB); however, he was being referred for a Command Review Board (CRB) as a result of the post-board screening process associated with the FY08 LTC AMEDD CSB. Table 2-1 (Composition of the OMPF) shows that general court-martial orders are filed in the performance section of the OMPF when there is an approved...
ARMY | BCMR | CY2009 | 20090021222
The applicant's military records are not available to the Board for review. In support of his claim to amend item 3 of his WD AGO Form 53-55, the applicant provides the following documents which show his rank as sergeant: * Honorable Discharge Certificate, dated 31 July 1946 * training memorandum, dated 2 November 1946 * WD AGO Form 100 9. In support of his claim to amend item 41 of his WD AGO Form 53-55, the applicant provides a training memorandum, dated 2 November 1946, which states he...
ARMY | BCMR | CY2009 | 20090021223
The Army Good Conduct Medal is awarded after 1 year of service and he completed almost 4 years. Therefore, he is entitled to award of the Good Conduct Medal (first award) for the period 21 August 1967 through 20 August 1970 and correction of his DD Form 214 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. deleting from item 24 of his DD Form 214 for the period ending 22 June 1971 the Vietnam...
ARMY | BCMR | CY2009 | 20090021224
The applicant requests: a. retroactive promotion to chief warrant officer four (CW4) on 6 November 2007; b. amendment of active duty orders for the period 6 November 2007 to 11 March 2008 to recover retroactive pay and allowances; and c. correction of item 12c (Net Active Service This Period), item 12d (Total Prior Active Service), and item 12e (Total Prior Inactive Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending dated 11 March 2008,...
ARMY | BCMR | CY2009 | 20090021226
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 AR20090007794, on 15 September 2009. The regulation, as in effect at the time, provided that personnel discharged under chapter 7 for misconduct or other patterns or acts of conduct would be discharged under other than honorable conditions. The new evidence provided by the applicant...
ARMY | BCMR | CY2009 | 20090021228
The applicant was notified, on 14 November 1983, of recommended separation for misconduct under the provisions of Army Regulation 635-200, paragraph 14-12b for a pattern of misconduct. The separation authority approved the recommendation for discharge and directed discharge under other than honorable conditions. There is no indication 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 | 20090021230
With a medical discharge, he would be able to seek medical treatment and return to active military service. In conclusion, the physical therapist recommended the applicant be separated under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17. The evidence of record shows the applicant had a condition that prevented him from completing his initial entry training.
ARMY | BCMR | CY2009 | 20090021231
Application for correction of military records (with supporting documents provided, if any). There are no orders in his military personnel records authorizing award of the Purple Heart or a second award of the Distinguished Flying Cross. Army Regulation 600-8-22 also provides the Distinguished Flying Cross is awarded to any person who, while serving in any capacity with the Army of the United States, distinguished himself or herself by heroism or extraordinary achievement while...
ARMY | BCMR | CY2009 | 20090021233
The DD Form 1966 (Record of Military Processing - Armed Forces of the United States) series of forms completed at the time of the applicant's enlistment in the USAR show she was authorized enlistment in pay grade E-3 in accordance with Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), Table 2-3, Rule E. 6. The evidence of record does not support the applicant's request for correction of her record to show she was promoted to SGT/E-5 or to show she was appointed as...