ARMY | BCMR | CY2009 | 20090021235
On 25 July 1985, the applicant accepted nonjudicial punishment (NJP) administered by a general officer under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), for failing to go at the time prescribed to his appointed place of duty. An Honorable Discharge Certificate is issued when an officer's discharge is based solely upon substandard performance of duty. The applicant's request for upgrade of his general, under honorable conditions discharge was carefully considered...
ARMY | BCMR | CY2009 | 20090021236
The applicant requests his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 July 1997 be amended to include the: * Meritorious Service Medal with 1st Oak Leaf Cluster * Armed Forces Expeditionary Medal * Army Superior Unit Award * Korea Defense Service Medal 2. Table 2-3 of Army Regulation 600-8-22 lists designated U.S. military operations in direct support of the United Nations and the dates of eligibility for award of the Armed Forces...
ARMY | BCMR | CY2009 | 20090021237
The applicant requests an upgrade of his under other than honorable conditions discharge to an honorable discharge. On 11 April 1979, the unit commander notified the applicant he was initiating separation action on him under the provisions of paragraph 14-33b, Army Regulation 635-200 (Personnel Separations Enlisted Personnel), for misconduct. A discharge may be upgraded by the Army Discharge Review Board or this Board if the action is supported by the member's overall record of service...
ARMY | BCMR | CY2009 | 20090021240
He also served 11 years as a constable. The applicant enlisted in the Army for 3 years in 1949. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * voiding his undesirable discharge of 23 May 1952 * issuing to him an appropriate document to show he was discharged with a General Discharge on 23 May 1952 ___________x_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings...
ARMY | BCMR | CY2009 | 20090021242
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. He acknowledged that as a result of the issuance of such a discharge, he would be deprived of all service benefits, that he would be ineligible for all benefits administered by the VA, and that he may be deprived of his rights and benefits as a veteran under both Federal and State law. He further acknowledged he understood that satisfactory completion of such alternate service will be acknowledged by issuance of a Clemency Discharge...
ARMY | BCMR | CY2009 | 20090021243
The applicant's military personnel records show he enlisted in the Regular Army on 26 April 1963 for a period of 6 years. This regulation also stated the Combat Infantryman Badge was authorized for award to enlisted personnel who had an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. The Board also recommends item 13 of the applicant's DD Form 214 with a separation date of...
ARMY | BCMR | CY2009 | 20090021244
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) for the period ending 25 June 1971 and other applicable military records to show his rank as specialist four (SP4)/pay grade E-4 instead of private (PV2)/pay grade E-2. The applicant's record contains Headquarters, 97th Quartermaster Battalion, Special Orders Number 30, dated 16...
ARMY | BCMR | CY2009 | 20090021245
The applicant provides, in support of his request, copies of his DD Form 214 and the following: * a memorandum announcing award of the Joint Meritorious Unit Award to the Joint Special Operations Support Element * an approved 6 June 1984 request for him to accept and wear the Republic of Korea Master Parachutist Badge * 5th Special Forces Group (Airborne) Special Orders Number 251, dated 8 September 1970, awarding him the special qualification identifier (SQI) "S" for his primary and...
ARMY | BCMR | CY2009 | 20090021247
On 5 September 1979, after consulting with counsel, the applicant submitted a request for discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Separations), chapter 10, for the good of the service - in lieu of court-martial. On 27 September 1979, the applicant was discharged with a characterization of service of under other than honorable conditions. Although an honorable or general discharge is authorized, a discharge under other than honorable...
ARMY | BCMR | CY2009 | 20090021248
Rather it is only empowered to change the severity of the sentence imposed in the court-martial process and then only if clemency is determined to be appropriate. The regulation provided that a Soldier would be given a BCD pursuant only to an approved sentence of a general or special court-martial. His records show that was given a BCD pursuant to an approved sentence of a general court-martial.
ARMY | BCMR | CY2009 | 20090021249
The applicant requests that his undesirable discharge be upgraded to an honorable discharge. In his request for discharge, the applicant indicated he understood that by requesting discharge, he was admitting guilt to the charge against him or of a lesser included offense that also authorized the imposition of a discharge under other than honorable conditions. Further, the applicant's discharge accurately reflects his overall record of service during the period of service covered by the 12...
ARMY | BCMR | CY2009 | 20090021250
On 23 December 1986, the separation authority approved the applicant's request for discharge for the good of the service and directed that he be discharged with an under other than honorable conditions discharge. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 of that regulation provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for...
ARMY | BCMR | CY2009 | 20090021251
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. On 21 August 1990, the applicant was discharged with a BCD, under the provisions of chapter 3, Army Regulation 635-200 (Personnel Separations), by reason of court-martial. The evidence of record confirms the applicant's conviction and...
ARMY | BCMR | CY2009 | 20090021252
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows that he was discharged in lieu of trial by court-martial in accordance with Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 10, and that he was assigned a Separation Code of "KFS" and an RE-4. Pertinent Army regulations provide that prior to discharge or release from active duty,...
ARMY | BCMR | CY2009 | 20090021253
There is no evidence in the applicant's military personnel records that shows he was awarded the Army Commendation Medal, Combat Infantryman Badge, or Afghanistan Campaign Medal. There is no evidence in the applicant's military personnel records that shows he received the first award of the Army Good Conduct Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Army Good Conduct Medal (1st...
ARMY | BCMR | CY2009 | 20090021254
Application for correction of military records (with supporting documents provided, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. He completed 1 year, 6 months, and 26 days of active military service during this enlistment with 120 days of lost time.
ARMY | BCMR | CY2009 | 20090021258
The applicant requests correction of item 24 (Decorations, Medals, Badges, Citations Commendation and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 25 March 1970 to add all awards earned on active duty and in the Army National Guard (ARNG). Therefore, a second award of this award should be added to his DD Form 214. As a result, the Board recommends that all Department of the Army records...
ARMY | BCMR | CY2009 | 20090021260
The applicant states, in effect, he is entitled to award of the Purple Heart due to the fact he sustained an injury to his head while serving on active duty during the Vietnam Era. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Absent evidence which conclusively shows that the applicant sustained wounds or injuries as a result of hostile action...
ARMY | BCMR | CY2009 | 20090021262
The applicant states that his discharge paperwork should be corrected to reflect his grade as SGT based upon the fact he served twice in a billet requiring that grade. The applicant's available record contains no evidence and he has failed to provide any evidence showing he was promoted to the grade of SGT. His record contains no evidence and he has failed to provide any evidence showing he was promoted to the grade of SGT.
ARMY | BCMR | CY2009 | 20090021265
Application for correction of military records (with supporting documents provided, if any). On 5 December 1980, the separation authority approved the applicant's request for discharge and directed his discharge under the provisions of Army Regulation 635-200, chapter 10. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the separation program designators to be used for these stated reasons.
ARMY | BCMR | CY2009 | 20090021266
The applicant requests upgrade of her uncharacterized discharge to an honorable discharge. There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of her discharge within its 15-year statute of limitations. When separated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant an under other than honorable conditions discharge.
ARMY | BCMR | CY2009 | 20090021269
The applicant requests correction of his flight records to show he completed 1020 instead of 816 combat hours. The flying experience and qualification data for each rated crew member and flight surgeon in aviation service and each non-rated crew member will be documented on several forms among which are the DA Form 759 (Individual Flight Record and Flight Certificate Army) and the DA Form 759-1 (Individual Flight Record and Flight CertificateArmy). The applicant contends his flight...
ARMY | BCMR | CY2009 | 20090021270
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending on 4 April 1972 shows the Aviation Badge, Vietnam Service Medal, Air Medal, Defense Distinguished Cross, Army Commendation Medal, Purple Heart, Vietnam Campaign Medal with "1960" Device, and Bronze Star Medal. Therefore, he should receive 6 additional awards of the Air Medal based on his combat missions by subtracting 25 hours from his total...
ARMY | BCMR | CY2009 | 20090021273
The applicant requests, in effect, that his discharge under other than honorable conditions be upgraded. 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. The board made a determination that the applicant had been properly discharged and thus denied his request.
ARMY | BCMR | CY2009 | 20090021274
The applicant's military records show that he enlisted in the Regular Army on 26 June 1972. DISCUSSION AND CONCLUSIONS: The evidence shows the applicant served in Korea for a qualifying period of service after 28 July 1954. As a result, the Board recommends that the DD Form 214 for the period ending 19 June 1978 of the individual concerned be corrected by adding the Korea Defense Service Medal.
ARMY | BCMR | CY2009 | 20090021275
The applicant requests, in effect, reconsideration of an earlier request that a DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)) imposed on 21 May 1999 be removed from his official military personnel file (OMPF). On 8 December 2009, the DASEB informed the applicant that the regulation precluded that board from removing records of nonjudicial punishment from an individual's OMPF and that the authority rested with the ABCMR. c. Paragraph 3-43 of...
ARMY | BCMR | CY2009 | 20090021276
The applicant requests the following corrections on his DD Form 214 (Report of Separation from Active Duty): * Item 27 (Remarks) - change the course he completed from the PNCO Course to the Basic Noncommissioned Officer Course (BNCOC) * Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) - add the German Army Marksmanship Badge (Schutzenschnur) he received from the German government 2. Therefore, the German Army Marksmanship Badge in...
ARMY | BCMR | CY2009 | 20090021286
Application for correction of military records (with supporting documents provided, if any). The applicant's National Guard Bureau (NGB) Form 21 (Annex A DD Form 4 Enlistment/Reenlistment Agreement Army National Guard (ARNG)) shows that on 5 January 2000, the applicant enlisted in the ARNG for a period of 6 years, and training in military occupational specialty (MOS) 95B (Military Police) with an alternate MOS of 75B (Personnel Administrative Specialist). The applicant's primary...
ARMY | BCMR | CY2009 | 20090021288
The applicant requests, in effect, correction of his records to show award of the Army Reserve Components Achievement Medal, Army Service Ribbon, and the Overseas Service Ribbon. The applicant contends that he is entitled to award of the Army Service Ribbon, Overseas Service Ribbon, Army Reserve Components Achievement Medal and correction of his MOS. As a result, the Board recommends that the State Army National Guard records and the Department of the Army records of the individual...
ARMY | BCMR | CY2009 | 20090021290
The applicant requests an upgrade of his under other than honorable conditions discharge. On 16 December 1982, the ADRB, after careful consideration of the applicant's military records and all other available evidence, determined the applicant's discharge was proper and equitable. Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu...
ARMY | BCMR | CY2009 | 20090021292
Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he was awarded or authorized to wear the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device 1960, an Overseas Service Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar [M-14]. Evidence shows the applicant completed a period of honorable service, he received all "excellent" conduct and efficiency ratings, and he had no court-martial convictions. ...
ARMY | BCMR | CY2009 | 20090021295
The applicant requests that the Bronze Star Medal (BSM) be added to the list of awards on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The applicant states he was awarded the BSM for his Republic of Vietnam (RVN) service after his discharge, so the award does not appear on his DD Form 214. The applicant's contention that he was awarded the BSM after his discharge for his service in the RVN and the award should be added to his DD Form 214 was...
ARMY | BCMR | CY2009 | 20090021304
The applicant requests correction of his record to show he was awarded the Soldier's Medal (SM) and twice awarded the Army Commendation Medal (ARCOM). The applicant's request for correction of his record to show he was awarded the SM and twice awarded the ARCOM is partially supported by the evidence in this case. The evidence of record indicates the applicant was awarded the ARCOM as an interim award pending approval of the higher award of the SM for his heroism on 17 June 1989.
ARMY | BCMR | CY2009 | 20090021305
Headquarters, U.S. Army Infantry Center, Fort Benning, GA, Orders 155-1227, dated 4 June 1997, show the applicant was awarded MOS 11B2PF7, indicating he completed the Pathfinder Course and he was awarded the "F7" additional skill identifier. The applicant's DA Form 2-1 (Personnel Qualification Record), Item 7 (Awards, Decorations, and Campaigns), shows the Ranger Tab and Pathfinder Badge. This form further shows the following entries: * Item 11 (Primary Specialty) shows he held MOS 11B3V,...
ARMY | BCMR | CY2009 | 20090021313
Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualifying period of active duty enlisted service. Additionally, his orders awarding him the ARCOM (1st OLC) confirm that he participated in active ground combat while assigned to Company B, 1st Battalion, 46th Infantry. The evidence shows the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and...
ARMY | BCMR | CY2009 | 20090021315
The newspaper article provided by the applicant states he was awarded the Combat Infantryman Badge on 8 April 1966 while assigned to the 69th Armor Regiment. The available evidence clearly shows that he was awarded an infantryman MOS, but was assigned to the headquarters company of an armor battalion while in the Republic of Vietnam. The newspaper article and photograph provided by the applicant are not sufficient evidence by themselves upon which to base a correction of his records.
ARMY | BCMR | CY2009 | 20090021318
The applicant requests that the following corrections be made to his DD Form 215 (Correction to the DD Form 214): * that item 4 (Mailing address) be corrected to show his current address * that item 5 (Original DD Form 214 Is Corrected As Indicted Below) show the Legion of Merit (LOM) with (1st Oak Leaf Cluster) vice "20 Oak Leaf Cluster" * item 7 (Signature Block) be corrected by adding a signature 2. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. As a...
ARMY | BCMR | CY2009 | 20090021320
The applicant requests that his general discharge be upgraded to a fully-honorable discharge. The applicant states he is requesting an upgrade of his discharge due to bad times. On 30 June 2004, the ADRB, in a three-to-two vote, voted to upgrade his discharge to a general discharge.
ARMY | BCMR | CY2009 | 20090021322
The applicant provided his Hearing Officer's Decision, dated 20 May 1996, that shows the VA granted him service connection for residuals, shell fragment wound of the left thigh. The fact that the applicant provided documentation from VA granting him service connection for residuals, shell fragment wound of the left thigh is not sufficient evidence to conclude that he is entitled to the award of the Purple Heart. There is no medical evidence available that shows the applicant was wounded or...
ARMY | BCMR | CY2009 | 20090021325
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 Bronze Star Medal (BSM) and the Combat Infantryman Badge (CIB) for his service in the Republic of Vietnam. The applicant's record is void of any orders or other documents indicating that he was ever recommended for or awarded either the BSM or the CIB by proper authority while serving on active duty. Although the evidence of record shows the...
ARMY | BCMR | CY2009 | 20090021332
Application for correction of military records (with supporting documents provided, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant then stated that he did not intend to appeal the bar.
ARMY | BCMR | CY2009 | 20090021339
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 Republic of Vietnam Campaign Medal. The evidence of record shows the applicant completed 2 months in Vietnam and he was not medically evacuated due to wounds resulting from hostile action in Vietnam. 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.
ARMY | BCMR | CY2009 | 20090021344
The applicant requests her general discharge be upgraded to an honorable discharge. Accordingly, on 7 April 1986 the applicant was given a general discharge under the provisions of Army Regulation 635-200 (Enlisted Separations), chapter 14, due to misconduct. The applicant was 20 years old when she was discharged.
ARMY | BCMR | CY2009 | 20090021350
The applicant requests upgrade of his general discharge to an honorable discharge and change of his reentry eligibility (RE) code to one which would allow him to reenter the Army. The applicant's platoon sergeant told him that he was recommending nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) and separation from the Army under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter...
ARMY | BCMR | CY2009 | 20090021351
The applicant requests her uncharacterized discharged be changed to a medical discharge. The applicant contends that she should have received a medical discharge at the time of her discharge from active duty based on being pregnant at the time was carefully considered. The medical evidence provided in this case confirms the applicant was pregnant at the time of her discharge.
ARMY | BCMR | CY2009 | 20090021357
BOARD DATE: 1 June 2010 DOCKET NUMBER: AR20090021357 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicants military records show that he was inducted in the Army on 3 July 1969, was awarded the military occupational specialty of medical specialist, served in Vietnam from 5 December 1969 to 4 December 1970, and was promoted to pay grade E-5. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. reissuing a new DD...
ARMY | BCMR | CY2009 | 20090021358
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge. The SPD code of JFX is the appropriate code to assign Soldiers separated under the provisions of paragraph 5-13, Army Regulation 635-200, by reason of personality disorder.
ARMY | BCMR | CY2009 | 20090021365
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 Meritorious Unit Commendation, streamer embroidered Vietnam 1967-1968, the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation, streamer embroidered Vietnam 1966-1971, and the RVN Civil Actions Honor Medal First Class Unit Citation. The applicant's request for correction of his DD Form 214 to show award of Meritorious Unit Commendation,...
ARMY | BCMR | CY2009 | 20090021367
The applicant's military records are not available for review. Army Regulation 600-8-22 states the NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. _____________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...
ARMY | BCMR | CY2009 | 20090021376
Application for correction of military records (with supporting documents provided, if any). The applicant requests to have his DD Form 214 corrected to show his DOB as "5 January 1956" and to add the Army Commendation Medal and the Army Achievement Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Army Commendation Medal to the DD Form 214 and correcting Item 5 to read "5 January 1956."