ARMY | BCMR | CY2009 | 20090003728
On 11 June 1987, the applicants immediate commander notified the applicant of his intent to initiate separation action against him in accordance with Army Regulation 635-200 (Personnel Separations), for unsatisfactory performance. The evidence of record shows that the applicant displayed a pattern of unsatisfactory performance and did not respond to counseling by his chain of command regarding his responsibility to meet Army standards. In order to justify correction of a military record,...
ARMY | BCMR | CY2009 | 20090003729
On 28 March 2005, the applicant was accordingly retired from active duty by reason of temporary physical disability. The SFK SPD is the correct code for Soldiers separating under paragraph 4-24b(2) of Army Regulation 635-40 for temporary disability. At the time of her separation, she received a separation code of SFK and an RE code of 4.
ARMY | BCMR | CY2009 | 20090003730
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter. Those individuals can best advise a former service member as to the needs of the service at the time and may process enlistment waivers for the applicant.
ARMY | BCMR | CY2009 | 20090003731
The applicant requests correction of his military records by adjusting his date of rank for major to on or about June or July 2008. The applicant states that his previous command had failed to forward his promotion packet for consideration resulting in his not being considered and selected for promotion to major by the earlier board even though he was in a position and eligible for promotion. On 28 December 2008, the applicant submitted a DA Form 1559 (Inspector General Action Request)...
ARMY | BCMR | CY2009 | 20090003733
A second DA Form 268, dated 10 May 1979, shows he was being discharged under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 10, discharge for the good of the service - in lieu of court-martial. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. Records show that the applicant was 18 years, 6 months, and 9 days old when he enlisted in the RA and proceeded to...
ARMY | BCMR | CY2009 | 20090003735
The applicant provides his Statement for Enlistment - United States Army Enlistment Program and his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his application. The applicants military records may be corrected to show his Statement for Enlistment - United States Army Enlistment Program was amended to include the sentence, "If ACF benefits in the amount of $42,000.00 (exclusive of MGIB benefits) were authorized by the official processing you for...
ARMY | BCMR | CY2009 | 20090003736
The applicant requests that his Reentry (RE) Code 4 be changed so that he may reenlist in the Army. The SPD code of KFS was the appropriate code for the applicant based upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of Army Regulation 635-200, Chapter 10, in lieu of trial by court-martial. ____________X_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...
ARMY | BCMR | CY2009 | 20090003741
Application for correction of military records (with supporting documents provided, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that his undesirable discharge (UD) be upgraded to a general discharge (GD) under honorable conditions.
ARMY | BCMR | CY2009 | 20090003742
Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. The applicant has provided no evidence other than his self-authored statement that the circumstances regarding his personal problems were the reasons he committed the offenses which led to his discharge. Therefore, he has failed to show through the evidence submitted with his application or the evidence of record that the actions taken in his case were in...
ARMY | BCMR | CY2009 | 20090003744
However, during these periods, service members on active duty for the sole purpose of undergoing a physical examination and/or any Soldier of the Individual Ready Reserve, Inactive National Guard, or the Standby or Retired Reserve whose active duty service was for training only, or to serve on boards, courts, commissions and like organizations, will not be considered eligible for the National Defense Service Medal. The evidence of records shows the applicant enlisted in the KSARNG for a...
ARMY | BCMR | CY2009 | 20090003745
An RE code of 4 indicates separation from the last period of service with a disqualification which cannot be waived and ineligibility for reenlistment. An RE code of 4 indicates that the applicant was separated from his last period of service with a disqualification which cannot be waived and is ineligible for reenlistment. 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 | BCMR | CY2009 | 20090003746
The opinion further points out that based on the applicant's promotion eligibility date of 13 August 2000 he was in zone for promotion consideration to captain by the 1999 and 2000 selection boards. If the applicant is considered and selected for promotion by a special board under either criteria he may be eligible for an earlier DOR to captain and special board consideration to major providing he furnishes documentation to verify all promotion requirements were met prior to 10 February...
ARMY | BCMR | CY2009 | 20090003748
In this request the applicant stated, in pertinent part, that officials at the HRC Promotions Office informed him that his records were reviewed by the 2009 Lieutenant Colonel Army Promotion List Board on 24 September 2008 and that he was not selected for promotion. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officer Other than General Officers) prescribes the policies and procedures for promotion of Reserve officers. Nevertheless, the applicant fails to provide...
ARMY | BCMR | CY2009 | 20090003749
The applicant requests reconsideration of the Army Board for Correction of Military Records' (ABCMR) denial of his request to have his rank restored to pay grade E-4. He requests the period he served in the U.S. Army Reserve (USAR) be shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 29 April 2004. The applicant provides, in support of his application, copies of his DD Form 214 with a separation date of 29 April 2004; his certificate...
ARMY | BCMR | CY2009 | 20090003751
The applicant requests payment of a Multi-year Special Pay (MSP) and linked Multi-year Incentive Special Pay (MISP) Bonus with an active duty service obligation (ADSO) that runs concurrently with his existing Graduate Medical Education (GME) obligation. The Chief, AMEDD Special Pay Branch, summarized and opined that the applicant met eligibility criteria as outlined above and: a. in order to complete his petition, the applicant must choose an MSP agreement effective date between 1 July 2001...
ARMY | BCMR | CY2009 | 20090003757
The applicant's military record was not provided for Board review. The applicants DD Form 214 shows he enlisted in the Regular Army and entered active duty on 13 May 1970, at 17 years and 6 months of age. Finally, there is no evidence of record or independent evidence provided by the applicant that shows he was suffering from a disabling mental or physical condition at the time of his discharge processing.
ARMY | BCMR | CY2009 | 20090003758
The applicant's record shows that he was inducted into the Army of the United States and entered active duty on 31 May 1966. Additionally, his available record does not contain any evidence and he has failed to provide any evidence that shows he sustained a wound on 29 July 1967. In the absence of evidence that the applicant was wounded or injured as a result of hostile action on any date other than 29 March 1967 and 29 May 1967 there is insufficient evidence upon which to base award of...
ARMY | BCMR | CY2009 | 20090003762
The applicant requests, in effect, correction to items 12d (Total Prior Active Service) and 12e (Total Prior Inactive Service) on her DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending 13 September 2003 and 4 December 2008. The applicant provides copies of her DD Forms 214 and a U.S. Army Reserve Personnel Command Chronological Statement of Retirement Points in support of her application. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2009 | 20090003764
IN THE CASE OF: BOARD DATE: 18 JUNE 2009 DOCKET NUMBER: AR20090003764 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The DD Form 214, issued at this time, shows the applicant completed 3 years of creditable service with 4 days of lost time. 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 his initial period of service from 30 June 1976 through 3 July 1979...
ARMY | BCMR | CY2009 | 20090003766
Specifically, in the applicants case, there are three distinct forms of relief the Army Board for Correction of Military Records (ABCMR) may provide: a. suspend or remit any portion of the sentence; b. remit the applicant's discharge by dating the remission any time prior to the Assistant's Secretary's execution of the dismissal; or c. substitute an administrative form of discharge with a dismissal of the sentence of court-martial. Charge I, Article 107 of the Uniform Code of Military...
ARMY | BCMR | CY2009 | 20090003768
IN THE CASE OF: BOARD DATE: 9 July 2009 DOCKET NUMBER: AR20090003768 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show combat service in Korea and award of the Combat Infantryman Badge (CIB). Army veterans and service members who served in Korea on the DMZ between 4 January 1969 to 31 March 1994 and meet the general criteria for award of the CIB, may submit an application (to...
ARMY | BCMR | CY2009 | 20090003770
Application for correction of military records (with supporting documents provided, if any). He states that Executive Order 9277 states that the Purple Heart is to be awarded to persons who are wounded in action against an enemy of the United States, or as a result of an act of such enemy, provided such would necessitate treatment by a medical officer. The applicant was transferred from Vietnam on 13 April 1972 and he returned to the Continental United States.
ARMY | BCMR | CY2009 | 20090003771
The applicants military records are not available to the Board for review. Item 55 (Remarks) shows he was also awarded the European African Middle Eastern Theater Service Medal, American Defense Service Medal, 4 overseas service bars and the Lapel Button. While there is insufficient documentation and evidence for awarding the applicant the MOH, this in no way affects the applicants right to pursue his claim for award of the MOH by submitting a request, with an award recommendation and...
ARMY | BCMR | CY2009 | 20090003773
The applicant requests that the former service member's (FSM) records be corrected to show award of the Vietnam Service Medal and other appropriate decorations. A DA Form 24 for the period from 5 June 1951 to 6 September 1963 shows in Section 4 (Chronological Record of Military Service) that the FSM was assigned to the Military Assistance Advisory Group, Laos, from 23 March 1961 to 31 August 1961. This medal is awarded to all members of the Armed Forces of the United States for qualifying...
ARMY | BCMR | CY2009 | 20090003774
Item 38 (Record of Assignments) on the applicants DA Form 20 reflects all excellent or unknown ratings for conduct and efficiency during his period of military service. 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 qualified period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2009 | 20090003775
There are no orders for the Purple Heart in the available records. This document shows the applicant's unit at the time of his assignment was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 48, dated 1971. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant's DD Form 214 to show the Distinguished Flying Cross with...
ARMY | BCMR | CY2009 | 20090003778
The rating decision states the applicant had been treated for a wound he sustained to his left knee in February 1969. The applicant was wounded a second time in the left knee, in February 1969. While the evidence shows he received treatment by medical personnel for a wound that he sustained to his left knee, there is no evidence that shows he was wounded as a result of hostile action.
ARMY | BCMR | CY2009 | 20090003779
Application for correction of military records (with supporting documents provided, if any). A review of the applicant's military personnel records shows that she may be authorized additional awards that are not shown on her DD Form 214. It states, in pertinent part, the source documents for entering information on the DD Form 214 will be the Enlisted Record Brief/Officer Record Brief (ERB/ORB), separation approval authority documentation, separation orders, or any other document...
ARMY | BCMR | CY2009 | 20090003780
The applicant provides a DA Form 3286-66 (Statement for Enlistment United States Army Incentive Enlistment Program) and a DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of this application. 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 $50,000.00 (exclusive of MGIB benefits) were authorized by the official processing you for enlistment and the Government...
ARMY | BCMR | CY2009 | 20090003783
IN THE CASE OF: BOARD DATE: 3 September 2009 DOCKET NUMBER: AR20090003783 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. On 8 August 2008, the applicant submitted a letter to DFAS Military Retired Pay Office explaining that she was finally receiving retired pay and was making a deemed election to keep the SBP for the start date of her divorce. As part of the divorce settlement agreement, the FSM was required to elect SBP coverage for his former spouse; however, the FSM did not notify DFAS...
ARMY | BCMR | CY2009 | 20090003784
The applicant requests, in effect, upgrade of his undesirable discharge to a general under honorable conditions discharge. While there is no evidence of record that shows the applicant was offered rehabilitation, there is also no evidence that shows the applicant had a drug problem. In fact, the evidence of record shows that in his request for discharge for the good of the service, the applicant acknowledged that he was advised he may be discharged under other than honorable conditions and...
ARMY | BCMR | CY2009 | 20090003797
Application for correction of military records (with supporting documents provided, if any). Records show the applicant enlisted in the RA on 26 May 1960 and his SSN and Blood Group were accurately recorded in his military service records as 255-##-#### and Blood Group B, respectively. The applicant's DD Form 214 with an effective date of 25 August 1966 contains the entry Blood Group O and the SSN of 253 ## ####. Thus, the evidence of record clearly shows the Blood Group and SSN...
ARMY | BCMR | CY2009 | 20090003800
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 interest of justice to do so. As a result, it would be appropriate to award the applicant the first award of the AGCM for his qualifying period of honorable active duty service from 23 January 1970 through 22 September 1971 and to add this award to his record and...
ARMY | BCMR | CY2009 | 20090003801
Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded or is authorized the Purple Heart, the Army Commendation Medal, the National Defense Medal, the Vietnam Service Medal, and the Combat Infantryman Badge. There are no orders in the applicant's military service records awarding him a second Purple Heart or a second Bronze Star Medal. There are no orders in the applicant's military...
ARMY | BCMR | CY2009 | 20090003802
Item 23a (Specialty Number and Title) on the applicant's DD Form 214 shows MOS 16H. There is no evidence of record which shows the applicant completed armor school/training. In the absence of orders which show the applicant was awarded MOS 11E, the entry on the applicant's DA Form 20 which shows he attended AIT in MOS 11E from 14 November 1966 to 18 March 1967 (with no corroborating entry in item 27 of his DA Form 20 to show he completed this AIT) is insufficient as a basis for amending...
ARMY | BCMR | CY2009 | 20090003804
Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service. Orders in the applicant's military records show he was awarded the Purple Heart for wounds received on 3 February 1967. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Army Good Conduct...
ARMY | BCMR | CY2009 | 20090003805
The applicant requests that he be awarded the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal (RVNCM), and the Combat Infantryman Badge (CIB). This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. The available records show the applicant served in Vietnam from May to October 1965.
ARMY | BCMR | CY2009 | 20090003806
Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the Legion of Merit is awarded to individuals who distinguish themselves by exceptionally meritorious conduct in the performance of outstanding services and achievements. In the absence of orders, there is insufficient evidence to award the applicant the Legion of Merit. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual...
ARMY | BCMR | CY2009 | 20090003807
There are no orders for a second award of the Air Medal in the available records. 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. In the absence of orders for a second award of the Air Medal, the award certificate for the Air Medal for the period December 1967 to July 1968 provided by the applicant is insufficient as a basis for amending his DD Form 214 to show two awards of...
ARMY | BCMR | CY2009 | 20090003813
The applicant requests, in effect, that item 36 of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) be corrected. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting item 36 of the applicant's WD AGO Form 53-55 to show his correct date of departure from the United States as 17 February 1945 and date of arrival in the PTO as 17 March 1945. ...
ARMY | BCMR | CY2009 | 20090003819
There is no evidence in the applicant's record which shows he was awarded or recommended for award of the Good Conduct Medal. Army Regulation 672-5-1, in effect at the time, provided that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. The applicant's records show he was awarded the Vietnam Service Medal.
ARMY | BCMR | CY2009 | 20090003821
The applicant requests, in effect, correction to item 12d (Total Prior Active Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 May 2001 to show 4 years, 1 month, and 11 days. The applicant states that this DD Form 214 records 16 years, 7 months, and 10 days of total active duty, when in fact, he completed 17 years, 1 month, and 1 day of total active duty as reflected on his retirement points statement. The applicant provides a copy...
ARMY | BCMR | CY2009 | 20090003822
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 was released from active duty on 15 September 1975 in pay grade E-3 and transferred to the U. S. Army Reserve (USAR) Control Group (Reinforcement) on the following day. _______ _ x_______ ___ CHAIRPERSON I certify that herein...
ARMY | BCMR | CY2009 | 20090003823
The applicant requests, in effect, his records be corrected to show he served in Korea with the 3rd Military Intelligence Group, 8th U.S. Army, Korea and entitlement to several awards 2. The applicant was awarded the Army Achievement Medal for his service in Korea from 11 January through 30 April 1996. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing the applicant served on active duty from 11 January to 30...
ARMY | BCMR | CY2009 | 20090003825
The applicant requests that he be paid $40,000.00 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 $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...
ARMY | BCMR | CY2009 | 20090003831
Application for correction of military records (with supporting documents provided, if any). Item 25 (Separation Authority) of the DD Form 214 issued to the applicant upon separation indicates he was discharged under the provisions of paragraph 16-5b of Army Regulation 635-200 (Personnel Separations Enlisted Personnel) by reason of locally imposed bar to reenlistment. It stated, in pertinent part, that the SPD code KGF was the appropriate code to assign to Soldiers separated under the...
ARMY | BCMR | CY2009 | 20090003833
The applicant requests correction of his military records to show his rank as sergeant first class, pay grade E-7. He has been trying since 2001 to have his rank and pay grade corrected. The evidence of record shows that the applicant was conditionally promoted to sergeant first class, pay grade E-7 and was enrolled in the Advanced Noncommissioned Officer Course.
ARMY | BCMR | CY2009 | 20090003834
His DD Form 47 (Record of Induction) shows his DOB as 31 August 1950. His Standard Form 601 (Immunization Record) shows his blood type as O+ and his DOB as 31 August 1950. Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his DOB as 31 August 1950.
ARMY | BCMR | CY2009 | 20090003835
The applicant requests, in effect, that his record be corrected to show award of the Soldier's Medal, the Bronze Star Medal, and the Purple Heart. Notwithstanding the recommendation that the applicant provided for award of the Soldiers Medal, there is no evidence available to show this award was ever approved. Therefore, the available evidence is insufficient for awarding this medal.
ARMY | BCMR | CY2009 | 20090003837
He also states that he was never awarded the Combat Infantryman Badge despite his military records showing his military occupational specialty (MOS) was 11B (light weapons infantryman) and he served in that MOS in Vietnam. Item 38 does not show he served in his secondary MOS of 11B at any time throughout his active duty service. The evidence of record shows the applicant completed training, was awarded, and served in MOS 64B throughout his military service and during his service in Vietnam.