ARMY | BCMR | CY2009 | 20090004086
Evidence of record shows the applicant was appointed a WO1 in the Army National Guard on 28 June 2006. Although the applicant requests that his DOR be adjusted to 29 June 2008, in accordance with the governing regulation, it would be equitable to correct his military records to show his effective date of promotion to CW2 is 28 June 2008 with a DOR of 28 June 2008. As a result, the Board recommends that the State Army National Guard records and the Department of the Army records of the...
ARMY | BCMR | CY2009 | 20090004087
Application for correction of military records (with supporting documents provided, if any). It states, in pertinent part, that retired Soldiers are entitled to be advanced on the Retired List to the highest grade they held and in which they satisfactorily served on active duty when their active service plus service on the retired list totals 30 years. The evidence of record further confirms that on 28 February 1986, after completion of his confinement sentence, the applicant was honorably...
ARMY | BCMR | CY2009 | 20090004090
The applicant requests, in effect, that his discharge under other than honorable conditions be upgraded to honorable or general. The applicant states, in effect, that during his time in the military service he was young and immature. On 27 October 1997, the Army Discharge Review Board (ADRB) considered the applicant's request for an upgrade of his discharge.
ARMY | BCMR | CY2009 | 20090004091
The applicant requests that he be awarded the Air Assault Badge. While the applicants records do show that, on 21 August 1972, he was assigned to Company B, 101st Aviation Battalion, 101st Airborne Division, his records do not show that he satisfactorily completed an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or that he completed the standard Air Assault Course while assigned or attached to the...
ARMY | BCMR | CY2009 | 20090004092
The applicant requests that his records be corrected to reflect award of the Combat Infantryman Badge and the Purple Heart. Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise...
ARMY | BCMR | CY2009 | 20090004095
However, his record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) that shows he was discharged on 16 June 1981 under the provisions of paragraph 14-33b of Army Regulation 635-200 (Personnel Separations), for misconduct (frequent involvement in incidents of a discreditable nature with civil or military authorities), with an under other than honorable conditions character of service. There is no indication in the applicants records that he...
ARMY | BCMR | CY2009 | 20090004096
Counsel states the applicant was constructively discharged as a result of the actions of his supervisor (at Fort Lewis). Counsel states the applicant's counseling also targeted him for inadequate documentation using the new AHLTA. Army Regulation 600-8-24 (Officer Transfers and Discharges) provides, in pertinent part, that under normal circumstances, any Regular Army officer or USAR officer who has completed their 8-year military service obligation may submit a request for unqualified...
ARMY | BCMR | CY2009 | 20090004099
The applicant states that Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that his father's unit, the 202nd Field Artillery Battalion, was credited with participation in five campaigns in the EAME theater of operations. As such, it would be appropriate to correct the FSM's records as recommended below. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing he was entitled to a...
ARMY | BCMR | CY2009 | 20090004100
Record shows the applicant was awarded the Vietnam Service Medal. There is no available evidence to show that the applicant was recommended for or awarded the Bronze Star Medal while in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 13 of the applicant's DD Form 214 for the period ending 8 April 1980 the Vietnam Service Medal; b. awarding the applicant the Basic Aviation Badge; and c....
ARMY | BCMR | CY2009 | 20090004101
The applicant requests that his bad conduct discharge (BCD) be upgraded to a general discharge. The SJA review of the applicant's case after his general court-martial conviction confirms the applicant's contention that he had exemplary performance prior to his going AWOL. The applicant was AWOL for almost 1 year and 2 months.
ARMY | BCMR | CY2009 | 20090004103
The applicant requests his records be corrected to show his date of rank to captain as 2 March 2004 instead of 9 September 2004 or, in the alternative, 5 May 2004. The NGB states that his promotion was processed in a timely fashion and there were no documents provided to show he was assigned to a captain position on the date requested. The advisory opinion further states under the provisions of the Reserve Officer Personnel Management Act (ROPMA), the effective date of promotion and date...
ARMY | BCMR | CY2009 | 20090004104
The applicant requests reconsideration of his earlier request for an upgrade of his under other than honorable conditions (UOTHC) discharge to an honorable discharge (HD). When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. The applicant contends that he discussed his family problems with his First Sergeant, Company Commander, and Platoon Leader and was granted compassionate leave during this...
ARMY | BCMR | CY2009 | 20090004109
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 31 December 2003 to show award of the Legion of Merit. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 13 of the applicant's DD Form 214 with the...
ARMY | BCMR | CY2009 | 20090004111
On 10 April 1974, the applicant consulted with counsel and requested a discharge for the good of the service in lieu of trial by court-martial under the provisions of chapter 10 of Army Regulation 635-200 (Personnel Separations Enlisted Personnel). There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that Board's 15-year statute of limitations. Army Regulation 635-200 sets forth the basic authority for the separation...
ARMY | BCMR | CY2009 | 20090004114
The applicant requests, in effect, that his date of rank (DOR) for promotion to Chief Warrant Officer Two (CW2) be adjusted from 10 December 2008 to July 2008. The applicant was promoted to CW2 on 10 December 2008. Therefore, the applicant's records should be corrected to show he was promoted to CW2 with an effective date and DOR of 26 July 2008 and that he was granted Federal Recognition on this date.
ARMY | BCMR | CY2009 | 20090004115
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his award of the North Atlantic Treaty Organization (NATO) Medal. 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. As a result, the Board recommends that all...
ARMY | BCMR | CY2009 | 20090004123
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Accordingly, the applicant was discharged from active duty on 13 November 1973 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service with an undesirable discharge. The applicant's record of service shows he was AWOL for 104 days.
ARMY | BCMR | CY2009 | 20090004124
Additionally, the regulation provided that the Combat Infantryman Badge was authorized for award to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments. For example, personnel possessing an infantry MOS in a rifle squad of a cavalry platoon of an armored cavalry troop would be eligible for award of the Combat Infantryman Badge if other criteria are also met." The applicant states he should be awarded the Combat Infantryman Badge...
ARMY | BCMR | CY2009 | 20090004126
The PEB evaluates the physical condition of the Soldier against the physical requirements of the Soldier's particular office, grade, rank, or rating. Requirements for placement on the TDRL are the same as for permanent retirement. Because the applicant's medical condition was incurred in the line of duty (otherwise he would not have been eligible for processing through the PDES), he will not be entitled to non-regular retired pay at age 60 (15 Year Letter) as he was mistakenly informed in...
ARMY | BCMR | CY2009 | 20090004127
The applicant requests that his general discharge be upgraded to honorable. On 20 February 1990, the applicant was recommended for separation under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Separations), chapter 14, with a general discharge due to acts or a pattern of misconduct. A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter.
ARMY | BCMR | CY2009 | 20090004128
The board noted the applicant did desire to continue on active duty under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation). On 11 May 2004, an informal PEB found the applicant unfit for his right hand pain, rated 10 percent under the USAPDA's Pain Policy, and unfit for his post-concussive headaches, rated at 10 percent for "purely subjective complaints" in accordance with Veterans Affairs Schedule for Rating Disabilities (VASRD) Code...
ARMY | BCMR | CY2009 | 20090004129
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that his discharge under other than honorable conditions be upgraded. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2009 | 20090004130
On 27 October 1997, following a fourth period of AWOL (20 through 21 October 1997), the applicant was counseled and advised that he was being processed for separation under Army Regulation 635-200, paragraph 14-12(b)(2) for a pattern of misconduct. A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter. Army Regulation 635-5 (Separation Document) prescribes the separation documents that must be prepared for Soldiers on...
ARMY | BCMR | CY2009 | 20090004132
The applicant's records show that, after having had prior service, he enlisted in the Regular Army for a period of 4 years on 18 April 2005. Army Regulation 635-200 states, in pertinent part, 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. The "KFS" SPD code is the correct code for Soldiers separating under chapter 10 of Army Regulation 635-200.
ARMY | BCMR | CY2009 | 20090004137
On 31 May 1977, the applicants unit commander initiated action to administratively separate the applicant from active duty under the provisions of Army Regulation 635-200, Chapter 5 (Expeditious Discharge Program). That same regulation states that commanders may refer members to the servicing medical treatment facility for medical evaluation when it is believed that the member is unable to perform the duties of his office, grade, rank, or rating because of physical disability. While the...
ARMY | BCMR | CY2009 | 20090004138
The Western Union Telegram, dated 16 August 1951, that the applicant submits, shows that she was notified that the FSM was slightly injured in action in Korea on 1 July 1951. In the application to this Board, dated 14 July 2008, the applicant requested that she be issued a DD Form 215 (Correction to DD Form 214) to include all the awards to which the FSM was entitled, including the award of the Purple Heart. The applicant contends that the new evidence that she submits in support of her...
ARMY | BCMR | CY2009 | 20090004141
The applicant requests reconsideration of his earlier request to correct his military records to show award of the Purple Heart for wounds received in the Republic of Vietnam. The applicant states that he served with Company A, 2nd Battalion, 35th Infantry Regiment in the Republic of Vietnam and he has a scar on his right thigh from a shrapnel wound that he received in the Republic of Vietnam. Based on the absence of substantiating evidence, the Board denied the applicant's request for...
ARMY | BCMR | CY2009 | 20090004142
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his 1985 discharge under other than honorable conditions be upgraded or that he be reinstated in the Army. 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 | 20090004144
The applicant requests correction of item 5a (Grade, Rate or Rank) and item 5b (Pay Grade) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), from private (PV2)/E-2 to specialist four (SP4)/E-4. Enlisted personnel undergoing special training may receive temporary promotion as follows: A School commandants and commanders of training installations are authorized to promote enlisted students who are undergoing school or specialist training of 36 weeks or...
ARMY | BCMR | CY2009 | 20090004145
The applicant requests, in effect, that his undesirable discharge with his service characterized as under other than honorable conditions be upgraded to a general under honorable conditions discharge or to an honorable discharge. On 11 September 1974, the applicant was discharged with an undesirable discharge characterized as under other than honorable conditions. An Undesirable Discharge Certificate would normally be furnished an individual who was discharged for the good of the service.
ARMY | BCMR | CY2009 | 20090004146
The applicant was discharged on 22 September 1967, in pay grade E-2, under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Separations), chapter 2, Section VI, at the expiration of his term of service, with a general, under honorable conditions, discharge. The letter also stated that he served in the U.S. Army from 18 July 1963 to 22 September 1967 and he received an honorable discharge. However, the evidence of record shows that although the applicant had...
ARMY | BCMR | CY2009 | 20090004147
Application for correction of military records (with supporting documents provided, if any). However, by regulation, in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action; that the wound required treatment by military medical personnel; and a record of this medical treatment must have been made a matter of official record. In order to justify correction of a military record the applicant must...
ARMY | BCMR | CY2009 | 20090004150
The applicant provides a DD Form 4 (Enlistment Record) and DD Form 214 in support of his application. The DD Form 214 the applicant was issued upon discharge on 24 June 2000 contains an entry in item 12a which shows he entered AD for this enlistment period on 21 July 1992. The evidence of record confirms the applicant enlisted in the RA and entered AD on the enlistment covered by the DD Form 214 in question on 21 April 1994, as evidenced by the DD Form 4 on file in his record.
ARMY | BCMR | CY2009 | 20090004151
He completed his basic training at Fort Dix, New Jersey and was transferred to Fort Gordon, Georgia to attend his advanced individual training as an MP on 22 August 1960. The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the GCMDL. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2009 | 20090004154
The applicant requests, in effect, that his undesirable discharge be upgraded to an honorable discharge. On 10 January 1975, the applicant requested a discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10 (Discharge for the Good of the Service). Chapter 10 of the version in effect at the time provided that a member who committed an offense or offenses for which the authorized punishment included a punitive discharge, could submit...
ARMY | BCMR | CY2009 | 20090004155
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 March 2004 to show the Korea Defense Service Medal (KDSM). The applicant's DD Form 214 for the period ending 7 October 2000 does not show the KDSM as an authorized award. Army Regulation 600-8-22 (Military Awards) states that the KDSM is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the...
ARMY | BCMR | CY2009 | 20090004158
The applicant requests that his general, under honorable conditions discharge be upgraded to honorable. He was 19 years, 9 months, and 11 days old at the time of enlistment. The applicant's supervisor stated that the applicant has worked under his supervision for the past ten years.
ARMY | BCMR | CY2009 | 20090004161
Army Regulation 672-5-1, 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal for the period from 8 February 1968 to 6 February 1970; and b. showing that, in addition to the awards shown on his DD Form 214, his authorized...
ARMY | BCMR | CY2009 | 20090004162
The evidence of record confirms that in 1989, upon becoming eligible to receive retired pay at age 60, the applicant elected SBP spouse only coverage (based on the full amount of his retired pay) and Option C (immediate coverage), as evidenced by the DD Form 1883 he completed at that time. The applicant presented no evidence showing that his spouse concurs with his request to cancel participation in the SBP for spouse coverage. The evidence of record shows that the applicant attained age...
ARMY | BCMR | CY2009 | 20090004163
In accordance with Title 10, U.S. Code, section 1552, the authority under which this Board acts, the Army Board for Correction of Military Records is not empowered to set aside a conviction. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.
ARMY | BCMR | CY2009 | 20090004164
The applicant requests, in effect, that his record be corrected to show he is reinstated in the "High-Three" retirement system based on the erroneous allocation of his career status bonus (CSB). The applicant provides page 1 of a TSP election form, dated 29 July 2002, which shows he elected a 2 percent basic pay TSP contribution and a 75 percent contribution of his CSB. Given there may have been errors in the counseling the applicant received and the TSP contribution allocations, equity...
ARMY | BCMR | CY2009 | 20090004165
On 29 April 1974, after consulting with counsel, the applicant submitted a request for discharge for the good of the service under the provisions of chapter 10 of Army Regulation 635-200 (Personnel Separations Enlisted Personnel). On 17 May 1974, the appropriate authority approved the applicant's request for discharge for the good of the service under the provisions of chapter 10 of Army Regulation 635-200 and directed that the applicant be issued an undesirable discharge. The authors...
ARMY | BCMR | CY2009 | 20090004168
He feels that the injury to his knee was a direct result of hostile action which should entitle him to the Purple Heart. However, there is insufficient evidence to grant him the Purple Heart in this case. Regrettably, absent evidence which conclusively shows that the applicant sustained wounds or injuries as a result of hostile action, there is insufficient basis for awarding the Purple Heart to the applicant in this case.
ARMY | BCMR | CY2009 | 20090004169
The applicant's DD From 214 shows he was awarded the Korean Service Medal with 5 bronze service stars. Based on the above information and finds, it is appropriate to correct the applicant's DD Form 214 to show his awards as: the Purple Heart, the Army of Occupation Medal (Japan), the National Defense Service Medal, the Korean Service Medal with 1 silver service star, the United Nations Service Medal, the Republic of Korea War Service Medal, and the Combat Infantryman Badge. As a result,...
ARMY | BCMR | CY2009 | 20090004170
The applicant states that he was assigned to the Retired Reserve on 28 July "2008" with 20 or more years of creditable service. Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service) provides policy for the granting of retired pay to Soldiers and former Reserve Component Soldiers. Under this law, a Reserve Soldier must complete a minimum of 20 qualifying years of service to be eligible for retired pay at age 60.
ARMY | BCMR | CY2009 | 20090004172
The DD Form 214 issued to the applicant upon his release from active duty (REFRAD) for retirement, on 19 August 2004, shows he was separated under the provisions of Paragraph 4-24b(2), Army Regulation 635-40, by reason of disability, temporary. There is no evidence of record and the applicant did not provide any to show whether he has been removed from the TDRL. Although the VA medical treatment records provided by the applicant contain a statement from a VA physician that indicates he saw...
ARMY | BCMR | CY2009 | 20090004174
Paragraph 2-13 of the awards regulation contains guidance on award of the VSM and states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN. As a result, it would be appropriate to award the applicant the PH 1st Oak Leaf Cluster (2nd Award) for being wounded in action in the RVN on 28 March 1968 and to add the entry PH 1st Oak Leaf Cluster (2nd Award) to item 24 of his DD Form...
ARMY | BCMR | CY2009 | 20090004176
There is no evidence in the applicant's records which shows he was awarded or recommended for the CIB. Further, the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat. This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS) and required that they must have served in active ground...
ARMY | BCMR | CY2009 | 20090004178
IN THE CASE OF: BOARD DATE: 9 September 2009 DOCKET NUMBER: AR20090004178 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.
ARMY | BCMR | CY2009 | 20090004179
The applicant states his rights were violated; specifically, the Army Regulation (AR) 15-6 investigation was conducted by a subordinate officer. The opinion also states that there is no absolute right for a person to be appointed as an officer in a particular State's National Guard. AR 15-6 (Procedures for Investigating Officers and Boards of Officers) establishes procedures for investigations and boards of officers not specifically authorized by any other directive.