ARMY | BCMR | CY2009 | 20090000336
IN THE CASE OF: BOARD DATE: 12 May 2009 DOCKET NUMBER: AR20090000336 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which he was convicted. ___________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 | 20090000337
On 31 January 1991, the applicants intermediate commander recommended the applicant be separated from the Army for misconduct, commission of a serious offense with the issuance of a general discharge with an under honorable conditions characterization of service. On or about 1 February 1991, the separation authority approved the applicants discharge, under the provisions of chapter 14 of Army Regulation 635-200 by reason of misconduct, commission of a serious offense, and directed the...
ARMY | BCMR | CY2009 | 20090000338
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests his under other than honorable conditions (UOTHC) discharge be upgraded to a general discharge (GD) or an honorable discharge (HD). Army Regulation 635-200 describes the conditions for issuance of a discharge under honorable conditions, stating: a. Paragraph 3-7a states that an HD is a separation with honor and entitles the recipient to benefits provided by law.
ARMY | BCMR | CY2009 | 20090000339
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. This form further confirms the applicant completed 1 year, 9 months, and 8 days of creditable military service and had 98 days of lost time. Conviction and discharge were effected in accordance with applicable law and regulations and the...
ARMY | BCMR | CY2009 | 20090000340
The applicant requests that a records review of his discharge based on his military personnel file and any additional documentation submitted by him be conducted, and he states that neither he or counsel would appear before the Board. In his request for discharge, the applicant stated he understood that he could request discharge for the good of the service because charges had been preferred against him under the Uniform Code of Military Justice (UCMJ) which authorized the imposition of a...
ARMY | BCMR | CY2009 | 20090000341
The applicant's military records show he enlisted in the Regular Army on 24 July 1967. There is no evidence in the available records to show that the applicant should be awarded the CIB. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his date of birth on his DD Form 214 dated 7 July 1983 as 9 September 1948.
ARMY | BCMR | CY2009 | 20090000358
The applicant states, in effect, that his 14 November 2008 DD Form 214 should show the awards and decorations already shown on prior U.S. Marine Corps Reserve (USMCR) DD Forms 214. Army Regulation 600-8-22 (Military Awards), as amended by Military Personnel Message Number 96-196, provides for award of the Armed Forces Reserve Medal (AFRM). The M Device will be worn on the AFRM to denote service by Reserve Component personnel who volunteered or were called to active duty during a...
ARMY | BCMR | CY2009 | 20090000359
The applicant requests an upgrade of his general, under honorable conditions discharge to an honorable discharge. The applicant states that he was discharged for drug abuse rehabilitation failure and wishes to have his discharge upgraded. The DD Form 214 he was issued confirms he was discharged with a characterization of service of an under honorable conditions (general), by reason of being a drug abuse rehabilitation failure.
ARMY | BCMR | CY2009 | 20090000360
The applicant states his unit was awarded a medal which he would like to be reflected on his DD Form 214 (Certificate of Release or Discharge from Active Duty). The applicant's military records show his correct SSAN is **7-**-****. Since both documents contain an incorrect SSAN, it would be in the interest of justice to issue the applicant a new DD Form 214 with the SSAN **7-**-**** incorporating the corrections made by the DD Form 215.
ARMY | BCMR | CY2009 | 20090000361
IN THE CASE OF: BOARD DATE: 25 June 2009 DOCKET NUMBER: AR20090000361 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Officers in her specialty who were selected by the promotion board were assigned through that colonel slating process and promoted with dates of rank between 14 May 2007 and 3 December 2007. The advisory opinion from the Director, Office of the Chief, Army Reserve, Senior Leader Development Office states that had the applicant been selected for promotion on her original...
ARMY | BCMR | CY2009 | 20090000362
Evidence of record shows that a disqualification of the Army Good Conduct Medal memorandum was incorrectly placed in the applicant's OMPF for no apparent reason. There is no evidence of any adverse information in the applicant's records or that his commander disqualified him for 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. removing the disqualification of the Army Good Conduct...
ARMY | BCMR | CY2009 | 20090000366
He states that the awarding authority disapproved the award on the grounds that the medical unit members of the 3rd Special Forces Group were ineligible for award of the Combat Action Badge because they were only eligible for the Combat Medical Badge. The applicant contends that he should be awarded the Combat Medical Badge for his service in Afghanistan from 1 May 2003 through 1 February 2004 in support of Operation Enduring Freedom. As a result, the Board recommends that all Department...
ARMY | BCMR | CY2009 | 20090000368
He opined that the applicant was mentally responsible and that he met retention standards; however, he recommended that the applicant be administratively discharged under the provisions of Army Regulation 635-200 (Personnel Separations Active Duty Enlisted Administrative Separations), paragraph 5-13 (personality disorder) because the applicant manifests a long-standing disorder of character, behavior and adaptability that is of such severity as to preclude further military service. On 19...
ARMY | BCMR | CY2009 | 20090000371
On 18 October 1967, the convening authority suspended the unexecuted portion of the FSMs sentence pertaining to confinement at hard labor for 123 days, unless sooner vacated. There is no evidence in the available record to show the FSM ever applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge within that board's 15-year statute of limitations. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to...
ARMY | BCMR | CY2009 | 20090000374
The applicants military personnel records contain a DD Form 214 (Certificate of Release or Discharge from Active Duty) that shows she entered active duty this period on 9 October 1992 and she was honorably retired from active duty on 31 December 2006, under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), Chapter 12, based on sufficient service for retirement. The evidence of record shows the applicant was authorized HFP/IDP during the period 1 May...
ARMY | BCMR | CY2009 | 20090000375
IN THE CASE OF: BOARD DATE: 26 March 2009 DOCKET NUMBER: AR20090000375 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The DD Form 214 he was issued at the time of his separation shows he was relieved from active duty in accordance with chapter 4 of Army Regulation 635-200 (Personnel Separations), by reason of expiration of term of service, with an uncharacterized character of service. A separation will be described as an entry-level separation if processing is initiated while a member...
ARMY | BCMR | CY2009 | 20090000377
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to include medals for his overseas assignment in Germany from 8 May 1969 to 10 July 1969, which includes the Armed Forces Expeditionary Medal, the American Campaign Medal and an "Injury Medal." Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Armed Forces Expeditionary Medal for qualifying service after 1 July 1958 in U.S. military...
ARMY | BCMR | CY2009 | 20090000378
The applicant contends that he is entitled to award of the Air Medal for he served in the Republic of Vietnam and had approximately 200 to 400 flight hours as an aircraft crewman. However, there is no evidence in the applicant's available OMPF that shows he was recommended or awarded the Air Medal during his foreign service tour in the Republic of Vietnam. As such, there is insufficient evidence to show that the applicant should be awarded the Air Medal.
ARMY | BCMR | CY2009 | 20090000379
This document shows the unit to which the applicant was assigned was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 2 November 1968 to 28 February 1969 by Department of the Army General Order Number 2, dated 1971. The applicant contends that his DD Form 214 should be corrected to include all of the awards and decorations to which he is entitled, including the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and...
ARMY | BCMR | CY2009 | 20090000380
Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. The evidence of record shows the applicant enlisted for a station of choice assignment to Alaska which he received. He did not enlist for training in any specific MOS.
ARMY | BCMR | CY2009 | 20090000382
The applicant requests reconsideration of his request to remove three Records of Proceedings of Nonjudicial Punishment (DA Form 2627) from his Official Military Personnel File (OMPF). The Record of Proceedings and all associated documents are filed on the Restricted portion of his OMPF in accordance with applicable regulations and therefore the filing of ABCMR Records of Proceedings will not be discussed further in these proceedings. Despite the fact that there were some minor...
ARMY | BCMR | CY2009 | 20090000386
The applicant states that he would like for the Board [Army Board for Correction of Military Records (ABCMR)] to upgrade his discharge to a general discharge under honorable conditions. The record shows that on 15 May 1990 the applicant was discharged accordingly. Further, the applicant's discharge reflects his overall record of military service.
ARMY | BCMR | CY2009 | 20090000388
The applicant indicated that he understood that there is no automatic upgrading nor review by any government agency of a characterization of service which is under honorable conditions, and that he must make application to the Army Discharge Review Board or the Army Board for Correction of Military Records for review of the characterization of service; however, an act of consideration by either board did not imply that his discharge will be upgraded. This document confirms that the...
ARMY | BCMR | CY2009 | 20090000389
The applicant contends, in effect, that his records should be corrected to show award of the Purple Heart because he was wounded in action in the spring of 1969 while serving in the RVN. However, he provides insufficient evidence in support of his claim for award of the Purple Heart. There is no evidence in the applicants military personnel records that show he was wounded as a result of hostile action; his DA Form 20 does not show an entry in item 40 or list the Purple Heart in item 41;...
ARMY | BCMR | CY2009 | 20090000390
The applicant requests correction of his military records to show that he was awarded the Purple Heart for injuries sustained while in action during World War II. The applicant provides, in support of his application, copies of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement), a citation for award of the Bronze Star Medal, and...
ARMY | BCMR | CY2009 | 20090000392
The applicant requests complete removal of the DA Form 67-9 (Officer Evaluation Report (OER)) covering the rating period from 6 June 2003 through 30 April 2004 (hereafter referred to as the contested OER) from his records. On 11 November 2008, the applicant submitted an appeal of the contested OER. He also believes that the contested OER was inaccurate when it stated that the applicant negatively impacted unit climate and morale; e. in her statement, dated 29 September 2008, a LTC, Chief...
ARMY | BCMR | CY2009 | 20090000396
Section 2 (Chronological Record of Military Service) of the applicant's DA Form 24 (Service Record) shows he received all "Excellent" conduct and efficiency rating throughout his military service except for one "Good" conduct rating for the period 22 October 1962 through 11 December 1962. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. The...
ARMY | BCMR | CY2009 | 20090000397
The applicant requests correction of his military record to show award of the Bronze Star Medal, Word War II Victory Medal, Army of Occupation Medal, Army Good Conduct Medal, American Campaign Medal, and the Belgian Fourragere. The applicant's military records are not available to the Board for review. 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 based on award of the...
ARMY | BCMR | CY2009 | 20090000399
c. 30 June 1986: Monthly performance counseling stated that while his appearance was above average, he was lacking in initiative and motivation. On 14 September 1986, the applicant's commander counseled him regarding the following: a. 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 | 20090000400
The applicant's military service records are not available to the Board for review. There are no orders or other evidence in the applicants military service records that show he was awarded the Bronze Star 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 Bronze Star Medal for meritorious achievement for exemplary conduct in ground combat in the ETO; b. correcting the applicants WD...
ARMY | BCMR | CY2009 | 20090000401
Application for correction of military records (with supporting documents provided, if any). The applicant provides his DD Form 214 and two DA Forms 638 (Recommendations for Award) along with award certificates. The applicant also states that he served in both Kuwait and Iraq, however, the evidence provided by the applicant only shows he served in Kuwait during his first deployment.
ARMY | BCMR | CY2009 | 20090000404
He requested a copy of his corrected DD Form 214 and found that the reason for discharge shows "drug abuse - rehabilitation failure." On 10 November 1983, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 9, for drug abuse rehabilitation failure. On 27 August 1997, the ABCMR corrected the applicant's records by deleting from his military personnel and medical records any and all references to the urinalyses of the specimens he submitted on 4 January 1983...
ARMY | BCMR | CY2009 | 20090000406
Based on the available evidence, the applicant is entitled to a correction of Item 18, of her DD Form 214, to show she arrived in Iraq on 10 January 2003, the date she states she arrived there, and departed from Iraq on 31 July 2003, the last day she was provided hostile fire pay. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the applicant's request that her...
ARMY | BCMR | CY2009 | 20090000407
That memorandum stated that a member with an enlistment (or reenlistment) bonus who is discharged for immediate reenlistment or appointment (as officers) in a Military Department for which no bonus or special pay is paid, may be considered to have completed the full term of service for which the bonus was paid. The advisory opinion did, however, point out that each Service Secretary has the authority to render a case-by-case determination to waive recoupment action when such recoupment...
ARMY | BCMR | CY2009 | 20090000408
Following consultation with legal counsel, he requested discharge for the good of the service in lieu of trial by court-martial in accordance with chapter 10 of Army Regulation 635-200 (Personnel Separations). In his request for discharge, the applicant acknowledged he understood that by requesting discharge, he was admitting guilt to the charges against him, or of a lesser included offense, that also authorized the imposition of a bad conduct discharge or a discharge under other honorable...
ARMY | BCMR | CY2009 | 20090000409
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. A general or honorable discharge could be issued in those cases in which the individual had disclosed homosexual tendencies upon entering the service, to individuals who had performed outstanding or heroic service or if an individual had...
ARMY | BCMR | CY2009 | 20090000410
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 11 August 1967 to show his Social Security Number (SSN) as xxx-xx-xx7x instead of "xxx-xx-xx8x. 2. Item 3 of the DD Form 214 he was issued shows his SSN as "xxx-xx-xx8x."
ARMY | BCMR | CY2009 | 20090000411
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of her father's (the former service member (FSMs)) DD Form 214 (i.e., his WD AGO Form 53-53 (Enlisted Record and Report of Separation Honorable Discharge)) to show award of the Purple Heart. The applicant states, in effect, that item 34 (Wounds Received in Action) of the FSM's WD AGO Form 53-53 contains the entry "scalp wound right side of head."
ARMY | BCMR | CY2009 | 20090000414
The applicant requests removal of a duplicate order for award of the Good Conduct Medal (2nd Award) from his Official Military Personnel File (OMPF). On 12 December 2008, Task Force Hammer, 62nd Engineer Combat Battalion (Heavy), Forward Operating Base Sharana, Afghanistan, published Permanent Order 347-001, revoking Permanent Orders 119-00237, issued by Headquarters, 10th Mountain Division, Fort Drum on 29 April 1997, that awarded the applicant the Good Conduct Medal (2nd Award) for his...
ARMY | BCMR | CY2009 | 20090000416
The applicant states, in effect, that he should have been medically discharged by reason of physical disability because he was not diagnosed in a timely manner for service-connected PTSD. The applicant's medical records are not present in the available records. While it is clear that the applicant did serve in combat in Vietnam and was hospitalized for 2 days for combat exhaustion, there is no evidence in his military records, and the applicant failed to provide any evidence, which shows...
ARMY | BCMR | CY2009 | 20090000418
The applicant requests that the Bronze Star Medal (BSM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and DA Form 20 (Enlisted Qualification Record). The evidence of record further confirms that based on his RVN service and campaign participation, the applicant is also eligible for the MUC, RVN Gallantry Cross with Palm Unit Citation, the Device (1960) with his RVNCM, and one silver service star with his VSM. As a result, the Board...
ARMY | BCMR | CY2009 | 20090000421
The applicant requests correction of his records to show he entered military service on 1 May 1953 instead of 9 June 1954. The applicants reconstructed record is void of the DD Form 214 he was issued; however, his record contains a copy of special orders issued on 10 June 1954 that show he enlisted on 9 June 1954 and a copy of special orders issued on 17 January 1955 that show he was discharged on 19 January 1955. With respect to the discrepancy between the applicant's VA letter and his...
ARMY | BCMR | CY2009 | 20090000425
Item 12 shows he completed 5 years, 2 months, and 4 days of active military service during the period covered by the DD Form 214 (1 September 1989-4 November 1994) and that he completed no prior active military service. Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy. The evidence of record fails to show the applicant completed a 19K course during the period covered by his DD Form 214; therefore, it must be presumed the applicant completed this course while...
ARMY | BCMR | CY2009 | 20090000427
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. The applicant contends, in effect, that his records should be corrected to show he received nine awards of the Air Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and any other awards and...
ARMY | BCMR | CY2009 | 20090000429
It does not show award of the Republic of Vietnam Campaign Medal with Device (1960) or the Combat Infantryman Badge. The applicant contends, in effect, that his DD Form 214 should be corrected to show award of the Combat Infantryman Badge and the Republic of Vietnam Campaign Medal with Device (1960). The evidence clearly shows that the applicant was awarded an infantryman MOS and was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam.
ARMY | BCMR | CY2009 | 20090000430
The applicant provides CIB award orders in support of his application. The applicants record is also void of any orders or other documents that indicate the applicant was ever recommended for awarded the SS by proper authority while he was serving on active duty. 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 (1st Award) for the period 15 September 1966 through 14 June 1968;...
ARMY | BCMR | CY2009 | 20090000431
IN THE CASE OF: BOARD DATE: 2 June 2009 DOCKET NUMBER: AR20090000431 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicants military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his WD AGO Form 53-55 to include two bronze service stars for wear on his European-African-Middle Eastern Campaign Medal.
ARMY | BCMR | CY2009 | 20090000432
The applicable regulation requires that in order to be awarded the Philippine Independence Medal, an individual must have been awarded both the Philippine Defense and the Philippine Liberation Ribbons. Accordingly, there is insufficient evidence to grant his request for the award and issuance of the Philippine Independence Ribbon. ABCMR Record of Proceedings (cont) AR20090000432 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont)...
ARMY | BCMR | CY2009 | 20090000435
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal. Although he provided a citation and award certificate for the Bronze Star Medal, absent orders authorizing him award of the Bronze Star Medal, these documents alone are not sufficient to support correction of his records to show award of...
ARMY | BCMR | CY2009 | 20090000439
The applicant requests, in effect, correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) item 13 (Decorations, Medal, Badges, Citations, and Campaign Ribbons Awarded or Authorized) to show award of the Army Commendation Medal (2nd Award) and item 14 (Military Education) to show he completed the Air Assault School. In support of his application, the applicant provides copies of his Personnel Qualification Record Part II, two Army Commendation Medal...