ARMY | BCMR | CY2009 | 20090003128
on his DD Form 214 for the period of service ending 31 December 2004 to show that he entered on active duty on 20 August 2004 and item 12c. _______ _XXX _______ ___ 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. ABCMR Record of Proceedings (cont) AR20090003128 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont)...
ARMY | BCMR | CY2009 | 20090003134
The applicant requests, in effect, upgrade of his under other than honorable conditions discharge to an honorable discharge or general discharge under honorable conditions. Item 38 (Record of Assignments), in pertinent part, shows he was assigned to Company A, 65th Engineer Battalion, 25th Infantry Division (USARPAC, RVN) from 22 October 1969 through 8 October 1970. c. Item 41 (Awards and Decorations), in pertinent part, shows the applicant was awarded the Purple Heart per Headquarters,...
ARMY | BCMR | CY2009 | 20090003136
The applicant's military personnel records show he enlisted in the Regular Army on 1 September 1983 for a period of 4 years. The applicant's DA Form 2-1 (Personnel Qualification Record) shows, in item 18 (Appointments and Reductions), that he was promoted to specialist four/pay grade E-4 effective 1 November 1985. 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 214 to include the Army...
ARMY | BCMR | CY2009 | 20090003137
The applicant requests, in effect, that his bad conduct discharge (BCD) be upgraded. The DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to the applicant on the date of his discharge shows that he was discharged under the provisions of paragraph 11-2, Army Regulation 635-200 (Personnel Separations Enlisted Personnel) after completing a total of 3 years, 9 months, and 17 days of creditable active military service and accruing 577 days of time lost due to...
ARMY | BCMR | CY2009 | 20090003138
The applicant requests, in effect, that his general discharge be upgraded to honorable. There is no indication in the available records that the applicant applied to the Army Discharge Review Board for a discharge upgrade within its 15-year statute of limitations. Since his record of service included numerous adverse counseling statements and two nonjudicial punishments, his quality of service did not meet the standards of acceptable conduct and performance of duty for Army personnel.
ARMY | BCMR | CY2009 | 20090003139
The DA Form 4187, dated 8 September 1992, submitted by the applicant, requests an exception to policy so the applicant could be promoted to master sergeant prior to his discharge for disability with severance pay. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. In order for the applicant to be discharged with severance pay, he would have...
ARMY | BCMR | CY2009 | 20090003142
The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 4 April 1972, in support of his request. On 22 March 1972, the applicant's battalion commander also recommended approval of the applicant's elimination from the Army with a General Discharge Certificate. The discharge proceedings were conducted in accordance with law and regulations applicable at the time and the character of the discharge is commensurate with the...
ARMY | BCMR | CY2009 | 20090003143
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 Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel for unfitness. As a result, there is no basis for granting the applicant's request to upgrade his discharge to honorable or general discharge.
ARMY | BCMR | CY2009 | 20090003146
The commander advised the applicant of his right to consult with counsel, submit statements in his own behalf, obtain copies of documents that would be sent to the separation authority supporting the proposed separation, to waive any of these rights, and to withdraw any waiver of rights at any time prior to the date the discharge authority directs or approves his separation. On 27 January 2005, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 14,...
ARMY | BCMR | CY2009 | 20090003148
The applicant requests, in effect, an upgrade of the character of service of his under honorable conditions discharge to an honorable discharge. The DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to the applicant on the date of his separation confirms he was discharged under honorable conditions, under the provisions of Army Regulation 635-200, chapter 14, based on civilian conviction with the separation code "JKB." There is no evidence the applicant applied to...
ARMY | BCMR | CY2009 | 20090003154
The applicant requests that his discharge under honorable conditions (general) be upgraded 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. He was discharged in accordance with the applicable regulation and, based on the nature of his offense, a discharge under other than honorable conditions is normally considered appropriate.
ARMY | BCMR | CY2009 | 20090003155
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, correction of his records to show a 4th award of the Purple Heart and promotion to pay grade E-8. The applicant's military records show he enlisted in the Regular Army on 7 June 1962.
ARMY | BCMR | CY2009 | 20090003156
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. Army Regulation 635-5-1 provides that a separation code of JKK will be issued to enlisted personnel separated from the service under the provisions of Army Regulation 635-200, paragraph 14-12c(2), due to misconduct. Inasmuch as the applicant has failed to show through the evidence submitted or the...
ARMY | BCMR | CY2009 | 20090003157
Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. The evidence of record includes a casualty report message and notification telegram that confirms the applicant was wounded in action in the RVN on 29 August 1969. 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 being wounded in action in the Republic of Vietnam on 29 August 1969; and b. adding the Purple...
ARMY | BCMR | CY2009 | 20090003158
There are no orders in the applicants military personnel records showing he was awarded the Air Medal. The evidence of record also shows the applicants DD Form 214 with an effective date of 31 March 1970 shows award of the Bronze Star Medal. The evidence of record shows that the Separation Documents regulation instructions for item 13 of the DD Form 214 state, in pertinent part, to check the Soldiers military service records for the validity of awards.
ARMY | BCMR | CY2009 | 20090003160
She claimed that it was not explained to her and the applicant that after the third year of participating in the SBP they would be locked in for life. By law, the applicant had from 1 December 2007 through 30 November 2008 to cancel his participation in the SBP. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he elected to terminate his SBP participation in a timely manner to be effective 30 November 2008.
ARMY | BCMR | CY2009 | 20090003161
The regulation also states that, when a Soldier is being processed for separation or retirement for reasons other than physical disability, continued performance of assigned duty commensurate with his or her rank or grade until the Soldier is scheduled for separation or retirement creates a presumption that the Soldier is fit. With respect to the applicants retirement, the evidence of record shows that the applicant completed 18 years and 4 months of service for pay at the time he was...
ARMY | BCMR | CY2009 | 20090003165
Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows he earned the following awards during his active duty tenure: EAME Campaign Medal, Army Good Conduct Medal (AGCM), WWII Victory Medal, and American Theater Ribbon. The evidence also confirms that based on being held as a POW during WWII from 16 December 1944 through 2 April 1945, the applicant is eligible for the POW Medal, which should also be awarded and added to his reconstructed record and WD AGO Form 53-55...
ARMY | BCMR | CY2009 | 20090003166
The applicant's military personnel service record shows that he was inducted into the Army of the United States, on 15 August 1966, for a 2-year period of service. A review of the applicant's available military personnel record shows two promotion orders: a. Although the applicants active duty service was honorable, and the sacrifices he made for his country were significant, absent any evidence of record that shows he was ever recommended for, or promoted to sergeant/pay grade E-5 by...
ARMY | BCMR | CY2009 | 20090003167
The applicant requests correction of his records to show award of the Global War on Terrorism Service Medal, the National Defense Service Medal, and any other awards that he may have earned during his military service. Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant his first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military...
ARMY | BCMR | CY2009 | 20090003169
IN THE CASE OF: BOARD DATE: 28 MAY 2009 DOCKET NUMBER: AR20090003169 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests his deceased father's, a former service member, WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show his organization as the 7th Field Artillery instead of the 701st Ordnance. The evidence of record shows that the FSM was trained as a Field Artillery mechanic and was assigned to the 7th Field Artillery, at least from 16 June 1937 (the...
ARMY | BCMR | CY2009 | 20090003170
The applicant requests correction of the following items on her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 23 December 1992: * Item 23 (Type of Separation) to change her type of separation from discharge to release from active duty; * Item 24 (Character of Service) to upgrade her character of service from under other than honorable conditions (UOTHC) to honorable; * Item 28 (Narrative Reason for Separation) to change her character of service from...
ARMY | BCMR | CY2009 | 20090003171
The applicant states, in effect, that the FSM served in France during World War II and while working on a fire truck at some point during the war, he was blown out of the fire truck and he still had shrapnel in his body when he died in 1980. The applicant provides a statement regarding the FSM's service and the incident in question, a copy of the FSM's Certificate of Death, and a copy of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge). The...
ARMY | BCMR | CY2009 | 20090003172
The applicant requests, in effect, correction of his records to show award of the Purple Heart. A review of the applicants military personnel records revealed that there are no orders in the applicants records that show he was awarded the Purple Heart. The applicant contends, in effect, that his records should be corrected to show award of the Purple Heart because he was wounded in February 1968 while serving in the RVN, the medical corpsman mailed the Purple Heart medal home to his...
ARMY | BCMR | CY2009 | 20090003173
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that his 1986 discharge under other than honorable conditions be upgraded and that the basis for his separation be changed to disability. Additionally, an enlisted Soldier may not be referred for, or continue, physical disability processing when action has been started under any regulatory provision which authorizes a characterization of service of under other than honorable conditions unless the...
ARMY | BCMR | CY2009 | 20090003174
The applicant requests that her records be corrected to show that she was not transferred to the Retired Reserve. The applicant adds that she believes her transfer to the Retired Reserve is in error since she did not have enough qualifying service for retired pay to be eligible for such a transfer. While the applicant's records do not contain the documents showing her transfer to the Retired Reserve, in an advisory opinion from the U.S. Army Human Resources Command (HRC), St. Louis, it was...
ARMY | BCMR | CY2009 | 20090003175
The commander also advised the applicant that the proposed separation could result in a general discharge or an honorable discharge. He stated the evidence of record indicated that the urinalysis was done properly. Therefore, it is apparent the applicant's commander considered the applicant's overall record of service when he recommended a general discharge instead of a discharge under other than honorable conditions.
ARMY | BCMR | CY2009 | 20090003176
The company medic completed an SF 600 noting the wound and the treatment for that wound. Notwithstanding the failure of his unit to file a casualty report, the evidence of record shows the applicant was in a hostile fire area, he was fired upon, he suffered a gash to his left hand, he was treated by the company medic, and the medic completed an SF 600. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the...
ARMY | BCMR | CY2009 | 20090003188
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. The 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.
ARMY | BCMR | CY2009 | 20090003191
The FSM's military service records are not available to the Board for review. The evidence of record also shows that an award of the Combat Infantryman Badge is considered to be a citation in orders for the Bronze Star Medal for service during World War II. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the FSM the Bronze Star Medal for meritorious achievement for exemplary conduct in ground combat during...
ARMY | BCMR | CY2009 | 20090003193
The applicant requests correction of her records to show award of the Korea Defense Service Medal and a third award of the Army Reserve Components Achievement Medal. In her self-authored statement, dated 14 January 2009, the applicant states that she requests consideration for and the issuance of a third award of the Army Reserve Components Achievement Medal for the period from 14 January 2000 to 8 August 2004. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2009 | 20090003195
There is no evidence in the applicant's available service personnel records that shows he attempted to have his name changed after he had his name changed in conjunction with the naturalization process and while he was on active duty. The evidence shows the applicant changed his name in conjunction with the process of becoming a naturalized citizen of the United States in 1987; however, there is no evidence he ever took any action to have his name changed in his military personnel records. ...
ARMY | BCMR | CY2009 | 20090003198
His personnel records contain a DA Form 268 (Report to Suspend Favorable Personnel Actions (Flag)), dated 20 October 1987, which shows he was flagged and was entered into the Weight Control Program on 7 October 1987. 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. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for...
ARMY | BCMR | CY2009 | 20090003202
The evidence of record also shows that this citation was filed in the applicants military personnel records. Thus, despite the absence of orders, based on the available evidence in this instance, it would be appropriate to correct the applicants records to show award of the Bronze Star Medal with V Device. 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 Bronze Star Medal with V Device...
ARMY | BCMR | CY2009 | 20090003203
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. He adds that he served honorably for 4 months less than 4 years and for a miniscule amount of marijuana, he received an under other than honorable conditions discharge. An under other than honorable conditions discharge was normally considered appropriate, but the separation authority could direct a general discharge or an honorable discharge be granted if such was merited by the Soldier's overall record and if the Soldier's record was...
ARMY | BCMR | CY2009 | 20090003206
Subsequent to receiving this counsel, the applicant voluntarily requested discharge for the good of the service under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations). Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may, at any time after the charges have been preferred, submit a request for discharge for the good of the service in...
ARMY | BCMR | CY2009 | 20090003208
The applicant requests that his military records be corrected to show the spelling of his last name as W---el instead of W---le. 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 applicant enlisted under the last name W---le; all documents contained in his military records show his...
ARMY | BCMR | CY2009 | 20090003210
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. Parental names and the location of birth listed on the Mexican birth registry certificate coincide with the evidence of record. _______ _ __X_____ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the...
ARMY | BCMR | CY2009 | 20090003214
The applicant requests, in effect, that his under other than honorable conditions discharge (UOTHC) be upgraded to an honorable discharge (HD). An UOTHC discharge was normally appropriate for members discharged for misconduct; however, the separation authority could grant a general, under honorable conditions discharge (GD) or HD if warranted by the member's overall record of service. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently...
ARMY | BCMR | CY2009 | 20090003215
Application for correction of military records (with supporting documents provided, if any). The applicants records do not contain orders for the BSM or a recommendation for award of the BSM. Without orders, there is insufficient evidence to correct the applicants DD Form 214 to show award of the BSM.
ARMY | BCMR | CY2009 | 20090003217
BOARD DATE: 18 August 2009 DOCKET NUMBER: AR20090003217 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). The applicant requests that the Combat Infantryman Badge (CIB) be listed as an authorized award on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
ARMY | BCMR | CY2009 | 20090003218
Application for correction of military records (with supporting documents provided, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The discharge authority approved the separation action and directed the applicant be discharged with a general discharge.
ARMY | BCMR | CY2009 | 20090003224
Application for correction of military records (with supporting documents provided, if any). The applicants record shows that he was inducted into the Army and entered active duty on 11 June 1966. The governing regulation in effect at the time of the applicants REFRAD provided no provisions for an entry of Honorable Conditions in item 13a of the DD Form 214.
ARMY | BCMR | CY2009 | 20090003227
The applicants military personnel records contain a DD Form 214 that shows he entered active duty in the RA this period on 14 April 1978 and was honorably retired from active duty on 31 March 1994 based on sufficient service for retirement. The evidence of record further shows that these two periods of inactive and active service are accurately documented on the applicants DD Form 214 with an effective date of 18 March 1971. As a result, the applicant's DD Form 214 with an effective date...
ARMY | BCMR | CY2009 | 20090003229
The applicant's military records do not contain orders awarding him the Purple Heart. The applicant does not provide any evidence to show that he was wounded as a result of hostile action. There are no orders awarding him the Purple Heart in his records, and his DA Form 20 does not show that he was wounded.
ARMY | BCMR | CY2009 | 20090003232
The applicant, the daughter of a deceased former service member (FSM), requests correction of her father's military records to show award of the Purple Heart, Prisoner of War (POW) Medal, and any other awards that he should have received. The FSM's DD Form 214 ending 1 November 1953 shows: a. that the FSM enlisted on 5 October 1949 for 3 years; b. that the FSM served with Company L, 38th Infantry Regiment, in the Republic of Korea; c. that the FSM was an infantryman; d. that the FSM served...
ARMY | BCMR | CY2009 | 20090003239
There is no entry in Item 41 (Awards and Decorations), of the applicant's DA Form 20 showing he was awarded the Purple Heart or that he was authorized to wear any unit awards that were awarded to his unit while he was a member of the unit. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), which lists unit awards received by units serving in Vietnam, shows the unit the applicant was assigned to was awarded: the Valorous Unit Award, for action...
ARMY | BCMR | CY2009 | 20090003242
The applicants Separation Leave Record, dated 5 January 2009, and prepared by an official at the Fort Bragg, NC, Finance Office shows the following entries: a. the applicant earned a total of 140 days of accrued leave during his 1,700 days of active duty from 12 May 2004 (date he entered active duty) to 5 January 2009 (date he was released from active duty); b. he used 15 days of leave from 1 October 2004 to 15 October 2004 and 30 days of leave from 4 December 2008 to 2 January 2009, for a...
ARMY | BCMR | CY2009 | 20090003244
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of the delayed entry period entered in the block 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty). 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...
ARMY | BCMR | CY2009 | 20090003246
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the time he spent on active duty as creditable active service. Records show that the applicant's enlistment was determined to be erroneous, and he was subsequently discharged. As a result, the Board recommends that the applicant be issued an appropriate document showing that Item 12c of his DD Form 214 should contain the entry "0001 09 04" to indicate a total of 1 year, 9...