ARMY | BCMR | CY2009 | 20090003628
On 31 October 1988, the applicant voluntarily submitted a request for discharge under the provision of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), Chapter 10, for the good of the service. There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. An under other than honorable conditions discharge was normally considered appropriate, but the separation authority could...
ARMY | BCMR | CY2009 | 20090003630
The applicant requests that he be paid $33,000.00 [in Army College Fund (ACF) benefits as outlined in his enlistment contract. The applicants military records may be corrected to show his DA Form 3286-66 was amended to include the sentence, "If ACF benefits in the amount of $33,000.00 (exclusive of MGIB benefits) were authorized by the official processing you for enlistment and the Government fails to pay the full amount under the appropriate provisions and such failure results in...
ARMY | BCMR | CY2009 | 20090003631
The applicant contends that his DD Form 214 should be corrected to show he served in Iraq, along with all authorized awards based on his military service. Records show the applicant served a qualifying period of active duty enlisted service for award of the 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 Good Conduct Medal for exemplary conduct, efficiency, and fidelity...
ARMY | BCMR | CY2009 | 20090003634
The applicant provides, in support of his application, copies of his reenlistment contract, his Physical Evaluation Board (PEB) Proceedings, statements from three former Soldiers, and his DD Form 214 with a separation date of 3 August 2004. Two of the statements submitted by the applicant corroborate his statement that he was in Iraq, he reenlisted in Iraq, and the PEB indicates he was in Iraq from April 2003 to December 2003. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2009 | 20090003636
IN THE CASE OF: BOARD DATE: 30 June 2009 DOCKET NUMBER: AR20090003636 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 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 | 20090003637
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Iraq and award of the Global War on Terrorism Expeditionary Medal. However, since the applicant served in Iraq in support of Operation Iraqi Freedom from 31 October 2007 to 11 October 2008, he served a qualifying period for award of the Iraq Campaign Medal and is entitled to correction of his records to show this award. The evidence of record also shows...
ARMY | BCMR | CY2009 | 20090003638
The evidence of record does not show that the applicant was awarded and held MOS 11B. Therefore, there is insufficient evidence to show he should have been or should now have his records corrected to show he was awarded MOS 11B. Therefore, there is insufficient evidence to grant the applicant's request to award MOS 11B and the Combat Infantryman Badge.
ARMY | BCMR | CY2009 | 20090003639
The applicant's commander recommended him for discharge under the provisions of chapter 9 of Army Regulation 635-200 due to his failure to complete the ADAPCP and that he be issued a General Discharge Certificate. In a letter, dated 28 January 2009, the applicant's doctor stated the applicant had a problem with alcohol prior to being discharged from the Army and he has had no problems with alcoholism since. Pertinent Army regulations provide that prior to discharge or release from active...
ARMY | BCMR | CY2009 | 20090003640
On 11 July 2007, the ADRB granted the applicant relief in the form of an upgrade of the characterization of his service to fully honorable and a change to the narrative reason for separation to Secretarial Authority. A discharge under other than honorable conditions was normally appropriate for a Soldier discharged under this chapter. The "JKK" SPD code is the correct code for Soldiers separating under chapter 14-12(c) of AR 635-200 by reason of misconduct and the "JFF" SPD code is the...
ARMY | BCMR | CY2009 | 20090003643
The applicants military records may be corrected to show his DA Form 3286-66 was amended to include the sentence, "If ACF benefits in the amount of $40,000.00 (exclusive of MGIB benefits) were authorized by the official processing you for enlistment and the Government fails to pay the full amount under the appropriate provisions and such failure results in nonpayment of ACF benefits in the amount of $40,000.00 over the amount of the MGIB benefits, the Army may pay said benefits in...
ARMY | BCMR | CY2009 | 20090003644
The applicant requests that Officer Evaluation Reports (OERs) for the periods ending on 4 May 1989 and 6 August 1989 be removed from his Official Military Personnel File (OMPF). However, evidence of record shows the IG considered allegations made by the applicant against his SR and could not substantiate any of those within its purview. The evidence of record supports the applicant's contention that there are "different sets" of the contested OERs.
ARMY | BCMR | CY2009 | 20090003649
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 AC98-08784, on 9 December 1998. Therefore, there is sufficient evidence to grant the applicant two awards of the Purple Heart and to correct his records to show these awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2009 | 20090003652
His punishment was 30 days extra duty. On 2 April 1982, the Army Discharge Review Board denied the applicant's request for an upgrade of his discharge. The applicant has provided no evidence or argument to show his discharge should be upgraded and his military records contain no evidence which would entitle him to an upgrade of his discharge.
ARMY | BCMR | CY2009 | 20090003653
The applicant requests that his DD Form 214 (Report of Separation from Active Duty) be corrected to reflect his first name as "Robin" instead of "Robert." However, there is no evidence of record or independent evidence that suggests the name recorded in his military records exhibits a material error or injustice. ABCMR Record of Proceedings (cont) AR20090003653 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090003653 4 ARMY...
ARMY | BCMR | CY2009 | 20090003654
The applicant states, in effect, that she is requesting to be restored to active duty because a few months before her discharge she was being evaluated for a lump she found in her breast. On 12 September 2008, the applicant's commander notified her that he was initiating action to involuntarily discharge her from the service under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-8, due to parenthood. On 19 November 2008, the applicant...
ARMY | BCMR | CY2009 | 20090003658
The applicant requests in two applications that his records be corrected to show that he was not a radio operator, and that he was awarded the Combat Infantryman Badge (CIB). U.S. Army Vietnam Regulation 672-1 Combat Infantryman Badge guidance also states that radio/telephone operators are entitled to the CIB but only if their primary duty was to accompany infantry or infantry-type units on tactical operations. The applicant was never awarded the MOS of infantryman.
ARMY | BCMR | CY2009 | 20090003660
The applicant was discharged 5 June 2001 under the provisions of Army Regulation 635-200, chapter 10 in lieu of trial by court-martial. Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents) establishes RE code 4 as the proper reentry code to assign to Soldiers separated under the provisions of AR 635-200, chapter 10 in lieu of trial by court-martial. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals...
ARMY | BCMR | CY2009 | 20090003661
The applicant requests the reason and authority for his discharge on 16 December 1974 be changed to a medical discharge. 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. _______ _ _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 | 20090003665
The ALARACT provided that in order to receive FLPP a Reserve Component Soldier must be certified proficient within the last 12 months in a foreign language for which the Department of the Army has a critical need and assigned to military duties requiring proficiency in the requisite language and performing the duties of the position. This regulation also requires certification by the Army within the past 12 months as proficient in a designated foreign language (in this case Hungarian). ...
ARMY | BCMR | CY2009 | 20090003667
There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. DISCUSSION AND CONCLUSIONS: There is no evidence of record which shows that the applicant was wounded as a result of hostile action in Vietnam. Regrettably, there is insufficient evidence on which to base award of the Purple Heart in this case.
ARMY | BCMR | CY2009 | 20090003670
IN THE CASE OF: BOARD DATE: 30 April 2009 DOCKET NUMBER: AR20090003670 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states, in effect, that while serving as a chief warrant officer two he received a direct commission as a second lieutenant in the Medical Service Corps in January 2002 after beginning the Army Medical Department (AMEDD) Officer Basic Course (OBC). He states that prior to completing OBC he received promotion orders for chief warrant officer three.
ARMY | BCMR | CY2009 | 20090003671
The applicants record contains a copy of a DD Form 215 (Correction to the DD Form 214), dated 11 March 1987, that corrected item 7 of his DD Form 214 to show the entry "NO" and item 9 to show the applicant's date of birth as 15 January 1947. His DD Form 47 (Record of Induction) shows his place of birth as Mexico. The applicant indicates that item 8 of his DD Form 214 incorrectly shows his place of birth as Mexico.
ARMY | BCMR | CY2009 | 20090003674
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 11 March 1994 to show awards of the Army Achievement Medal, the National Defense Service Medal, the Army Good Conduct Medal (1st Award), the Southwest Asia Service Medal with one bronze service star, the Kuwait Liberation Medal (Saudi Arabia), the Expert Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with...
ARMY | BCMR | CY2009 | 20090003675
On 23 February 1981, nonjudicial punishment was imposed against the applicant for failing to go to his appointed place of duty at the time prescribed. On 7 March 1996, the Army Discharge Review Board denied the applicant's request for a discharge upgrade. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2009 | 20090003676
Army Regulation 600-8-22 states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The evidence of record shows the applicant served a qualifying period of service in Korea from 21 November 1966 to on or about 12 December 1967 for award of the Armed Forces Expeditionary Medal, which is not shown on his records. The evidence of record shows the...
ARMY | BCMR | CY2009 | 20090003685
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 Combat Infantryman Badge. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. The evidence clearly shows that the applicant was awarded a medical MOS and was assigned to an artillery battalion.
ARMY | BCMR | CY2009 | 20090003686
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. At that time, an under other than honorable conditions discharge was normally considered appropriate. 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 | 20090003687
The applicants military records are not available to the Board for review. There is no evidence in the applicant's reconstructed record and the applicant did not provide sufficient evidence which shows the period of foreign service shown on his DD Form 214 was served in Korea. Therefore, there is insufficient evidence to correct his DD Form 214.
ARMY | BCMR | CY2009 | 20090003689
The applicant provides requests and recommendations for an exception to policy promotion; a DA Form 4187 (Personnel Action); the first page of a DA Form 199 (Physical Evaluation Board (PEB) Proceedings); a letter of commendation; discharge orders; a DD Form 2586 (Verification of Military Experience and Training); and a DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his application. A DA Form 4187, dated 17 August 1995, shows the applicant requested an...
ARMY | BCMR | CY2009 | 20090003690
The applicant's records contain General Orders Number 10628, dated 13 November 1968, awarding the Purple Heart for wounds received in connection with military operations in Vietnam on 9 November 1968, to an individual with the same last and first name as the applicant. The evidence further shows the applicant served in an infantry MOS and in an infantry unit during his service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned...
ARMY | BCMR | CY2009 | 20090003692
IN THE CASE OF: BOARD DATE: 17 September 2009 DOCKET NUMBER: AR20090003692 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. He further states that under the governing regulatory guidance and statutory guidance contained in the ROPMA, the effective date of an Army National Guard (ARNG) commissioned officer who is promoted in the State under the position vacancy system is the date the Chief, NGB extends Federal Recognition based on the approved scroll list from the Secretary of Defense. ...
ARMY | BCMR | CY2009 | 20090003694
The applicant requests that his dishonorable discharge be upgraded. 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 | 20090003697
The applicant requests that the Korea Defense Service Medal and the Global War on Terrorism Service Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). 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 to show that he was awarded the Korea Defense Service Medal, the Global War on Terrorism Service Medal and the National Defense Service Medal. _______ _ _x______...
ARMY | BCMR | CY2009 | 20090003698
Application for correction of military records (with supporting documents provided, if any). However, the record does include a DD Form 214 (Certificate of Release or Discharge from Active Duty) that shows he was separated under the provisions of Chapter 10, Army Regulation 635-200 (Personnel Separations Enlisted Personnel), for the good of the service, and that he received an UOTHC on 11 April 1983. The regulation does allow the issue of a general, under honorable conditions discharge...
ARMY | BCMR | CY2009 | 20090003701
IN THE CASE OF: BOARD DATE: 7 July 2009 DOCKET NUMBER: AR20090003701 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he was placed on the permanent retired list effective 22 June 1990 not on the Temporary Disability Retired List (TDRL). The DD Form 214 correctly shows he was placed on the TDRL on 22 June 1990 and not permanently retired at that time.
ARMY | BCMR | CY2009 | 20090003702
The applicant's DA Form 20 (Enlisted Qualification Record), Item 41 (Awards and Decorations) does not list the Purple Heart. There are no medical records contained in the applicant's military records. _______ _ _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 | 20090003703
There are no orders in the applicant's records that show he was awarded the Army Good Conduct Medal. Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Army Good...
ARMY | BCMR | CY2009 | 20090003705
In his request for discharge, the applicant indicated that 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 conditions. The DD Form 214 (Report of Separation from Active Duty) he was issued shows he was discharged for the good of the service in lieu of a court-martial with a character of service of under other than...
ARMY | BCMR | CY2009 | 20090003706
Application for correction of military records (with supporting documents provided, if any). There is no documentation in the applicants military personnel records that shows he was wounded or treated for wounds as a result of hostile action. There is no evidence in the applicants military personnel records that shows he was wounded as a result of hostile action; his DA Form 20 does not list the Purple Heart in item 41; the applicant's name is not listed on the Vietnam Casualty Roster;...
ARMY | BCMR | CY2009 | 20090003707
Application for correction of military records (with supporting documents provided, if any). He served in the Asiatic-Pacific Theater of Operations from 25 April 1945 to 29 July 1946 and was honorably discharged on 18 August 1946. However, there is no evidence of record, and the applicant provided none that might corroborate his contention that he served in the Philippines, which shows where he served during his assignment in the Asiatic-Pacific Theater of Operations.
ARMY | BCMR | CY2009 | 20090003709
On 12 November 1991, the applicant was notified of his pending separation under the provisions of Army Regulation 635-200, chapter 14, paragraph 14-12c, for misconduct (commission of a serious offense). The applicants record of service included a bar to reenlistment and two nonjudicial punishments. Therefore, the applicant's record of service is insufficiently meritorious to warrant an honorable discharge.
ARMY | BCMR | CY2009 | 20090003711
The applicant's record contains a DD Form 214 that shows while a member of the USAR, she entered active duty on 22 May 1989. The evidence further confirms that when the applicant was issued her DD Form 214, on 19 April 1993, the she had completed a total of 6 years, 3 months, and 29 days of prior inactive service. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.
ARMY | BCMR | CY2009 | 20090003714
Application for correction of military records (with supporting documents provided, if any). Therefore, it would not be appropriate to award the applicant the PH. _______ _ 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 | 20090003716
The applicant requests the Combat Infantryman Badge and the "Sig Marie," in effect, the Republic of Korea Presidential Unit Citation. The Soldier must be an infantryman satisfactorily performing infantry duties [Emphasis Added], he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry specialty,...
ARMY | BCMR | CY2009 | 20090003717
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show his correct date of birth (DOB). The applicants military records are not available to the Board for review. The applicants WD AGO Form 100, dated 30 January 1947, shows his DOB as 18 May 1927.
ARMY | BCMR | CY2009 | 20090003719
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 1 September 1979, the FSM authenticated a DD Form 1883 (Survivor Benefit Plan Election Certificate) that shows he was married, that he elected spouse only coverage, that he elected to provide an annuity based on the full amount of his...
ARMY | BCMR | CY2009 | 20090003720
The advisory opinion states that on 18 February 2003 an informal PEB found the applicant unfit due to his back pain and sleep apnea, and recommended separation with severance pay. Additionally, there is no evidence of any "conspiracy" regarding the applicant's disability findings or processing, his back and sleep apnea conditions were properly rated, and his depression (later termed PTSD by others) was not unfitting at the time of his separation based on clear evidence in the case file. ...
ARMY | BCMR | CY2009 | 20090003723
BOARD DATE: 16 July 2009 DOCKET NUMBER: AR20090003723 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The available evidence clearly shows the applicant deployed to Southwest Asia in support of Operation Desert Shield/Desert Storm from 18 February to 12 April 1991. 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 by adding the Southwest Asia Service Medal with 2 bronze service stars,...
ARMY | BCMR | CY2009 | 20090003724
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Chapter 10 provides, in pertinent part, 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 of trial by court-martial. 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 | 20090003727
He states the new platoon sergeant seemed to not care for him and a few of the other privates under his command. 10 On 6 July 1974, the applicant's commander recommended the applicant be discharged from the service as unfit by reason of a pattern of shirking. Army Regulation 635-200 provides that a general discharge is a separation from the Army under honorable conditions.