ARMY | BCMR | CY2009 | 20090002409
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 Good Conduct Medal, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Good Conduct Medal was awarded to individuals who had completed a qualifying period of active duty enlisted service. As a result, the Board recommends...
ARMY | BCMR | CY2009 | 20090002410
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. Title 10, USC, Subtitle E (Reserve Components), Part III (Promotion and Retention of Officers on the Reserve Active Status List (RASL)), section 14004, states that except as otherwise provided by law, an officer must be on a Reserve active-status list to be eligible under chapter 1405 of this title for...
ARMY | BCMR | CY2009 | 20090002418
Application for correction of military records (with supporting documents provided, if any). The applicant requests his DA Form 638 (Recommendation for Award) be corrected to show his first name as "J----" instead of "M-----." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Permanent Orders Number 239-30 of the applicant's DA Form 638, dated 27 August 2005, to reflect his correct first name as J---- vice M-----.
ARMY | BCMR | CY2009 | 20090002419
Accordingly, the applicant was discharged on 18 June 1990 under the provisions of Army Regulation 635-200, paragraph 14-12b, for misconduct (patterns of misconduct) with a general discharge under honorable conditions. 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. ___________X_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings...
ARMY | BCMR | CY2009 | 20090002420
IN THE CASE OF: BOARD DATE: 1 JULY 2009 DOCKET NUMBER: AR20090002420 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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 the applicant's DD Form 214 the Vietnam Service Medal; b. adding to item 24 of the applicant's DD Form 214 the Purple Heart, Vietnam Service Medal with 2 bronze service stars, Valorous Unit Award, Republic of Vietnam Campaign Medal...
ARMY | BCMR | CY2009 | 20090002421
On 15 November 2002, the applicants commander initiated elimination action on the applicant under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 14, for commission of a serious offense. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. The applicant's records show that he received two Article 15s, had numerous general counseling statements, had his post driving privileges revoked, received...
ARMY | BCMR | CY2009 | 20090002423
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Action Badge. Records show the applicant qualified for award of the Overseas Service Ribbon for completion of a 12-month, dependent-restricted overseas service tour in Iraq in support of Operation Iraqi Freedom from 17 February 2004 through 28 February 2005. As a result, the Board recommends that all State Army National Guard and Department of the Army...
ARMY | BCMR | CY2009 | 20090002424
The applicant provides a wartime service memorandum, CAB orders, award recommendations (DD Forms 638), and a DD Form 214 in support of his application. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. 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 by adding the MSM, ARCOM, ACM with one bronze service star, NATO Medal, OSR, and...
ARMY | BCMR | CY2009 | 20090002426
The applicant states, in effect, that after returning to the United States from a tour of duty in Okinawa he began to drink excessively and that he became alcohol-dependent which impaired his judgment. On 16 November 1970, the separation authority approved the recommendation for separation and directed that the applicant be furnished an undesirable discharge. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2009 | 20090002430
The applicant requests, in effect, that the records of her deceased spouse, a former service member (FSM), be corrected to show that he elected to participate in the Reserve Component (RC) Survivor Benefit Plan (SBP) and that she receive his SBP annuity. Three options are available: (A) elect to decline enrollment and choose at age 60 whether to start SBP participation, (B) elect that a beneficiary receive an annuity if they die before age 60 but delay payment of it until the date of the...
ARMY | BCMR | CY2009 | 20090002432
The applicant requests, in effect, correction of his record in the form of amendment of his involuntary mobilization orders, issuance of Contingency Operation Temporary Tour of Active Duty (COTTAD) Orders, and payment of retroactive entitlements associated with Assignment Incentive Pay (AIP). Department of the Army Personnel Policy Guidance, in effect at the time of the applicant's mobilization, stated that the COTTAD policy applied to Soldiers in the following categories: Category 1:...
ARMY | BCMR | CY2009 | 20090002433
The applicant is further entitled to have Item 18 corrected to show this same service in Iraq for the period 5 October 2004 through 5 December 2004. Based on the applicant's service in Iraq for the period 5 October 2004 through 5 December 2004 in support of Operation Iraqi Freedom, he is entitled to award of the Global War on Terrorism Service Medal and the Iraq Campaign Medal and to have these awards added to his DD Form 214. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2009 | 20090002438
Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), establishes the Army physical disability evaluation system and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his office, grade, rank, or rating. The Army rates only conditions determined to be physically unfitting at the time of discharge which disqualify the Soldier from further...
ARMY | BCMR | CY2009 | 20090002441
When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted. Therefore, the applicant's record of service is insufficiently meritorious to warrant a general discharge or an honorable discharge.
ARMY | BCMR | CY2009 | 20090002442
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 AR20070011507 on 17 January 2008. The applicant provides General Orders Number 877, dated 2 February 1970, awarding him the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam from 1969 to 31 December 1969...
ARMY | BCMR | CY2009 | 20090002443
The applicant requests correction of his records to show he was medically discharged instead of honorably discharged. On 25 January 1985, the applicant voluntarily requested an early separation from the Army under the provisions of paragraph 16-5b of Army Regulation 635-200 (Personnel Separations) by reason of his inability to overcome the bar imposed upon him on 4 June 1984. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), establishes the Army...
ARMY | BCMR | CY2009 | 20090002444
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 AR20050001870, on 20 September 2005. There is no evidence in the applicant's records which shows he was recommended or awarded the Purple Heart. Absent evidence that the injury was sustained directly as a result of enemy action, there still is insufficient evidence to grant award of...
ARMY | BCMR | CY2009 | 20090002446
On 23 January 2006, the commander notified the applicant that he was initiating action to separate her under the provisions of paragraph 14-12c, Army Regulation 635-200 (Personnel Separations Active Duty Enlisted Administrative Separations). On 28 April 2006, the applicant was discharged under the provisions of paragraph 14-12c, Army Regulation 635-200, by reason of misconduct (serious offense). There is also no evidence of record and the applicant did not provide any evidence that would...
ARMY | BCMR | CY2009 | 20090002449
The applicants military records are not available to the Board for review. Therefore, in the absence of evidence to show that he was injured on active duty, there appears to be no basis to grant his request to correct his records to reflect an injury to his left leg. _______ _ _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 | 20090002451
Guidance obtained from the proponent of DODI 6000.13 revealed that, while constructive credit for experience in a military PA program would not normally be granted, special consideration was given to those warrant officer PAs who were appointed as commissioned officers in the early 1990s. They were granted constructive credit for their military experience. In the previous consideration of the applicants case, an advisory opinion from the U. S. Army Recruiting Command stated that his...
ARMY | BCMR | CY2009 | 20090002452
The applicant's records contain a DD Form 93 (Record of Emergency Data) which shows he had dependent children at the time he received his twenty-year letter and made no election on their behalf. The applicant provided the first two pages of a DD Form 2656-5, indicating the FSM's intentions would have been to elect to participate in the RCSBP with spouse and child coverage based on full retired pay and immediate annuity coverage at his death. The date stamp also shows that the DD Form...
ARMY | BCMR | CY2009 | 20090002457
Army Regulation 135-175 (Separation of Officers), paragraph 6-10a, states an obligated officer will normally not be permitted to resign his office until such time as the obligated period of service is completed. Notwithstanding the recommendation by the Chief of the Officer Division, Office of the Deputy Chief of Staff, G-1 who initially requested that the applicant's request be granted as a matter of equity, the advisory opinion in itself stated that the applicant was offered the accession...
ARMY | BCMR | CY2009 | 20090002460
The applicant's DD Form 214 does not show the Purple Heart, the POW Medal, the Combat Infantryman Badge, or the Silver Star as authorized awards. There is no evidence of record which shows the applicant was a POW. As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart, the POW Medal, the Combat Infantryman Badge, the Silver Star, amendment of item 25 on his DD Form 214 to show he completed 35mm Projection training, or amendment of...
ARMY | BCMR | CY2009 | 20090002463
He responded by reiterating his request to be issued a 15 year letter certifying his eligibility for retired pay at age 60, and further requests that he be given 20 additional inactive duty points for RYE 12 June 1998 for completion of the Army Sales and Management Training Course which would give him a total of 53 retirement points for that year; and he requests that he be given 4 months credit for the months he was assigned to different units between 28 June 1992 to 27 June 1993. While...
ARMY | BCMR | CY2009 | 20090002470
The applicant provides copies of page 10 of the Fiscal Year 2005 (FY05) promotion list for major and the forwarding U.S. Army Human Resources Command (HRC) memorandum, dated 7 June 2005; HRC Orders R-08-578240, dated 18 August 2005, ordering him to active duty as a captain in the U.S. Army Reserve (USAR) Control Group (Active Guard Reserve (AGR)) with a reporting date of 1 September 2005; HRC Orders R-08-578240A01, dated 18 August 2005, amending his reporting date to 2 September 2005; DD...
ARMY | BCMR | CY2009 | 20090002474
There also is no evidence in his service personnel records that shows that he was treated for wounds as a result of hostile action in Vietnam. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. There is no evidence in the available records and the applicant has not provided sufficient evidence that shows his injury was a result of hostile action.
ARMY | BCMR | CY2009 | 20090002475
The applicant concurred with the MEB findings on 19 June 2006. d. The advisory opinion further stated that on 20 June 2006, an informal PEB found the applicant physically unfit due to his back (10 percent), knee (10 percent), and shoulder (zero percent) conditions. The applicant contended that the PEB was not following all the applicable rules related to rating ROM limitations in accordance with the rules of the VA and the PEB was not authorized to use the provisions of Army Regulation (AR)...
ARMY | BCMR | CY2009 | 20090002480
The applicant states that he was struck by lightning in the Republic of Vietnam on 16 May 1968 and that he has two awards of the Bronze Star Medal. In the absence of documentation that shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base any awards of the Purple Heart in this case. Furthermore, there is no evidence in the available record and the applicant did not submit any substantiating evidence...
ARMY | BCMR | CY2009 | 20090002482
At the time of his third induction notice his wife was pregnant and having some problems. The record shows the applicant had never completed a normal tour of duty in Southeast Asia, been wounded in action, been awarded a military decoration other than a service medal, had received an honorable discharge from a previous period of service, or completed 24 months of satisfactory military service prior to discharge. The applicant did not meet the requirements for upgrade under the SDRP since...
ARMY | BCMR | CY2009 | 20090002484
IN THE CASE OF: BOARD DATE: 25 June 2009 DOCKET NUMBER: AR20090002484 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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 award of the Meritorious Service Medal.
ARMY | BCMR | CY2009 | 20090002485
The regulation currently in effect states, in pertinent part, that the country and dates of deployment for an active duty Soldier deployed with his or her unit during their continuous period of active service will be shown in item 18 on the DD Form 214. Item 12f of the applicant's DD Form 214 shows only his foreign service in Germany. Item 18 of the applicant's DD Form 214 shows only his deployment to Iraq.
ARMY | BCMR | CY2009 | 20090002486
The applicant states she had 3 consecutive years of honorable service but was never awarded the Army Good Conduct Medal. There is no evidence in the applicant's official military personnel file (OMPF) that she was disqualified by her chain of command from receiving 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 awarding the applicant the first award of the Army Good Conduct Medal for the...
ARMY | BCMR | CY2009 | 20090002488
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. During its original review of the applicant's case, the Board found no evidence of record that showed the applicant was wounded or injured as a result of enemy action, or that he was ever recommended for or awarded the PH by proper authority while serving on active duty. Absent any evidence of record to corroborate the information contained in the third-party statements provided by the applicant, or medical treatment records that confirm...
ARMY | BCMR | CY2009 | 20090002498
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 Air Medal and two additional awards of the Army Commendation Medal. On 10 August 1970, the applicant returned to the United States for duty at Fort Knox, Kentucky. 10. Review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the...
ARMY | BCMR | CY2009 | 20090002499
Shortly thereafter, he went AWOL again to be with his wife and child in order to try and work things out. It further shows that at the time he had completed 2 years and 27 days of creditable active military service during the period covered by the DD Form 214 (9 January 1968 - 10 August 1970) and had accrued 186 days of time lost due to AWOL. The applicant's prior honorable active duty service is properly documented in DD Forms 214 he was issued in 1963 and 1968.
ARMY | BCMR | CY2009 | 20090002500
He also requests correction of his records to show he was promoted. The applicant was promoted to SGT in January 1988. Although the applicant believes that he should have been promoted based on his military and civilian service, there is insufficient evidence which indicates he was promoted above the rank of SGT prior to his retirement in March 2008.
ARMY | BCMR | CY2009 | 20090002502
IN THE CASE OF: BOARD DATE: 4 June 2009 DOCKET NUMBER: AR20090002502 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). Both the orders and the certificate listed the applicants grade as SPC.
ARMY | BCMR | CY2009 | 20090002506
The applicant requests, in effect, correction of his military records to show that he was discharged due to a physical disability that was aggravated by his military service. On 30 August 1969, the applicant was assigned duty as an airframe repairman with the 608th Transportation Company in the Republic of Vietnam. The available evidence of record clearly shows that a medical board found the applicant unfit for retention due to a medical condition that existed prior to his military service.
ARMY | BCMR | CY2009 | 20090002507
Army Regulation 672-5-1, 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 applicant was awarded the Vietnam Service 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 Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity...
ARMY | BCMR | CY2009 | 20090002508
The DA Form 1 does not show that he was wounded on the date of this report. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. By itself, the Morning Report provided by the applicant is not sufficient evidence upon which to base a correction of his records.
ARMY | BCMR | CY2009 | 20090002511
While the applicant contends he was awarded four AMs, with one for valor, there is only evidence that he was awarded one AM for meritorious service. Therefore, it would be appropriate to now award the applicant the Army Good Conduct Medal and to add that award to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding to him the Army Good Conduct Medal for the period 20 September 1968 to 24 July...
ARMY | BCMR | CY2009 | 20090002514
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of the reentry eligibility (RE) code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) from "NA" to "RE-1" which would allow him to enlist in the Regular Army. There is no evidence that he was released from active duty for cause.
ARMY | BCMR | CY2009 | 20090002515
The evidence of record also shows that the applicant was given Ibuprofen for pain management. Therefore, his records should be corrected to show award of the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual be corrected by awarding him the Purple Heart for wounds received on 4 December 2005 and adding it to his DD Form 214 for the period ending 9 June 2006.
ARMY | BCMR | CY2009 | 20090002516
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. In response to the IO's first question, the Cadet Command Surgeon stated that if a cadet makes a claim that he/she is unable to participate in a scheduled physical activity, such as physical training, APFT, field training exercise, etc., a cadet should provide a physician's statement documenting the presence of a medical condition and how long a cadet should be excused from training activities. The applicant provided a DA Form 2823...
ARMY | BCMR | CY2009 | 20090002518
The applicant requests, in effect, correction of his records to show award of the Combat Action Badge and Air Medal for his service during Operation Iraqi Freedom. 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. Therefore, ABCMR cannot take any further action at this time and discussion...
ARMY | BCMR | CY2009 | 20090002520
Army Regulation 672-5-1, 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 applicant was awarded the Vietnam Service 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 Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity...
ARMY | BCMR | CY2009 | 20090002525
IN THE CASE OF: BOARD DATE: 16 July 2009 DOCKET NUMBER: AR20090002525 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. It appears that the applicant has met the regulatory requirements for the first award of the Army Good Conduct Medal for a qualifying period from 9 July 1968 through 15 September 1970. 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 9 July 1968...
ARMY | BCMR | CY2009 | 20090002526
The evidence includes orders awarding the FSM the BSM 1st Oak Leaf Cluster (2nd Award) for heroism on 13 and 14 December 1944 in Germany, and a letter from the Commanding General, Army Service Forces, which confirmed the FSM's eligibility for the CMB and directed he be issued this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 33 of his WD AGO Form 53-55 by deleting the current list of awards and...
ARMY | BCMR | CY2009 | 20090002529
The DD Form 214 MC issued at this time shows the applicant served on active duty for six months during this period. Under the earlier provisions of Army Regulation 635-5, the applicant was properly issued DD Forms 214 for his periods of service from 19 September 1972 through 25 November 1973, from 28 July 1976 through 21 December 1977, and 22 December 1977 through 29 November 1978. The applicant is correct that the DOE on the 31 July 1996 DD Form 214 is in error; however, the correct DOE...
ARMY | BCMR | CY2009 | 20090002532
The memorandum signed by Special Forces Operational Detachment Alpha's commander and the two sworn statements are sufficient evidence to show the applicant was personally present and actively engaging or being engaged by the enemy, and he performed satisfactorily in accordance with the prescribed rules of engagement in Afghanistan on 7 October 2006. Therefore, there is sufficient evidence in this case to award the applicant the Combat Action Badge. The Board also recommends that all...