ARMY | BCMR | CY2009 | 20090004565
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) to remove his lost time and reinstate his rank to that of sergeant and/or acting staff sergeant. His WD AGO Form 53-55 also shows that at the time of separation, the applicant held military occupational specialty 745 (Rifleman) and he was assigned to Company C, 30th Infantry Regiment. Item 55 (Remarks) of the applicant's WD AGO Form 53-55 shows he had 4 days of lost...
ARMY | BCMR | CY2009 | 20090004566
Application for correction of military records (with supporting documents provided, if any). 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. 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 | 20090004569
However, should the initial period of temporary Federal recognition expire due to administrative processing delays through no fault of the member, a subsequent Federal Recognition Board should be convened to consider the request again and grant a new period of temporary Federal recognition if warranted. Records show that the applicant was granted temporary Federal recognition effective 27 February 2008 upon his initial appointment in the VAARNG as a first lieutenant. As a result, the Board...
ARMY | BCMR | CY2009 | 20090004570
The applicant requests, in effect, that his undesirable discharge under other than honorable conditions be upgraded to a general discharge under honorable conditions or an honorable discharge. 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 February 1971, the applicant was...
ARMY | BCMR | CY2009 | 20090004574
He states that he knows others who went AWOL for less and they didn't get anything. Accordingly, on 12 September 2008, the applicant was discharged under the provisions of Army Regulation 635-200 (Personnel Separations Active Duty Enlisted Administrative Separations), chapter 3 as a result of a duly reviewed and affirmed general court-martial conviction. The applicant was separated and assigned an RE code in accordance with the applicable regulation and there appears to be no basis for...
ARMY | BCMR | CY2009 | 20090004575
On 20 January 1989, a memorandum was dispatched to the applicant informing him that the Calendar Year 1988 Sergeant First Class Board reviewed his Official Military Personnel File (OMPF) and determined that he was to be barred from reenlistment under the Qualitative Management Program (QMP). Army Regulation 635-200 sets forth the basis authority for the separation of enlisted personnel. Inasmuch as the applicant has failed to show through the evidence submitted or the evidence of record...
ARMY | BCMR | CY2009 | 20090004576
On 21 May 1985, by letter addressed to the applicants immediate commander, the U.S. Army Deserter Information Point (USADIP) of the U.S. Army Enlisted Records and Evaluation Center (USAEREC), Indianapolis, IN, requested verification of the applicant status, including a charge sheet and a desertion packet. On 2 May 1988, a certified 45-day letter of notification of discharge in absentia eligibility was sent to the applicant informing him of the Armys determination of his desertion status...
ARMY | BCMR | CY2009 | 20090004578
IN THE CASE OF: BOARD DATE: 29 October 2009 DOCKET NUMBER: AR20090004578 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Orders show the applicant was promoted to SGT and there is no evidence which shows he was laterally appointed to SP5 prior to his separation from active duty. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 5a of the applicant's DD Form 214 to show his rank as SGT.
ARMY | BCMR | CY2009 | 20090004579
This is taken to mean he requests his records show he was awarded the following awards: Armed Forces Reserve Medal, National Defense Service Medal, Armed Forces Service Medal, American Defense Service Medal, United States Army Reserve Achievement Medal, Army Good Conduct Medal, Army Achievement Medal, Army Commendation Medal, and the Meritorious Service Medal; and c. authorization to wear the following items on his retired uniform: Fifth Mechanized Infantry patch; specialist E-4 or...
ARMY | BCMR | CY2009 | 20090004580
Item 5b on his DD Form 214 shows the entry "E-2." There is no evidence of record and the applicant did not provide any evidence which shows he was advanced to specialist four (SP4)/E-4 prior to his discharge. Therefore, item 12 on his DD Form 214 should be corrected to show this duty assignment.
ARMY | BCMR | CY2009 | 20090004581
The applicant requests, in effect, that his 1 November 1974 DD Form 214 (Report of Separation from Active Duty) be corrected to reflect his service in the Republic of Korea (ROK) and the awards he is eligible for based on this service. The applicant's DA Form 20 (Enlisted Qualification Record) shows, in Item 31 (Foreign Service), that he served in the ROK from 4 November 1972 through 20 November 1973. The evidence of record confirms the applicant served in the ROK during the period 4...
ARMY | BCMR | CY2009 | 20090004583
IN THE CASE OF: BOARD DATE: 20 August 2009 DOCKET NUMBER: AR20090004583 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting the DD Form 214 to show the applicant's rank and pay grade as PFC E-3.
ARMY | BCMR | CY2009 | 20090004587
The applicant requests, in effect, that a duty assignment with the 101st Airborne Division in Vietnam be shown on his DD Form 214 (Report of Transfer or Discharge) for the period ending 6 December 1968. Since there is no provision to show duty assignments on the DD Form 214 other than the last duty assignment and major command, there is no basis for granting the applicants request to show his duty assignment with the 101st Airborne Division in Vietnam on his DD Form 214. ...
ARMY | BCMR | CY2009 | 20090004588
The applicant's records also contain a properly constituted DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that shows the applicant was discharged on 27 March 1964 under the provisions of Army Regulation 635-208 by reason of unfitness with an under other than honorable conditions character of service. On 7 September 1966, the Army Discharge Review Board denied the applicants petition for an upgrade of his discharge. Army Regulation 635-200, paragraph 3-7b,...
ARMY | BCMR | CY2009 | 20090004589
Army Regulation 15-185 sets forth procedures for processing requests for correction of military records. Without a PEB, the applicant could not have been issued a medical discharge or separated/retired for physical disability. _______ _ __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 | 20090004590
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that his record be corrected to show he completed over 21 years of qualifying service for retirement in the United States Army Reserve (USAR). It also indicated that an audit of the applicant's military records showed he only had 14 years, 11 months, and 10 days of qualifying service for retired pay.
ARMY | BCMR | CY2009 | 20090004592
The applicant states that he was injured while on active duty which resulted in amputation of his long finger on his right hand which also required bone and skin grafts. Army Regulation 40-501 (Standards of Medical Fitness) provides, in pertinent part, that for an individual to be found unfit by reason of physical disability, he must be unable to perform the duties of his office, grade, rank or rating. While the evidence of record does confirm the applicant underwent medical treatment...
ARMY | BCMR | CY2009 | 20090004597
Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) 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. Records also show that prior to assignment to the Republic of Vietnam his PMOS of 11B was withdrawn and he was awarded PMOS of 11E. Although the applicant argues that he was not trained in MOS 11E, evidence of record shows he performed...
ARMY | BCMR | CY2009 | 20090004603
IN THE CASE OF: BOARD DATE: 26 August 2009 DOCKET NUMBER: AR20090004603 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests the Combat infantryman Badge (CIB) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). Additionally, Appendix V of US Army Vietnam Regulation 672-1 provided 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,...
ARMY | BCMR | CY2009 | 20090004605
BOARD DATE: 28 July 2009 DOCKET NUMBER: AR20090004605 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add his Purple Heart, Bronze Star Medal (BSM), and Vietnam Service Medal (VSM). Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the applicant's battalion was awarded the Republic of Vietnam Civil Actions...
ARMY | BCMR | CY2009 | 20090004606
The applicant requests, in effect, correction to his date of rank for chief warrant officer two (CW2) from 16 August 2007 to 31 March 2007, with all back pay and entitlements. In this case of ARNG officers, the State will publish a State promotion order and forward it to the NGB-ARP no earlier than 90 days prior to the officer meeting the minimum time in grade requirement provided the officer had completed the WOBC and is otherwise eligible for promotion. As a result, the Board recommends...
ARMY | BCMR | CY2009 | 20090004607
The applicant requests that his Officer Evaluation Report (OER) for the period covering 30 September 2000 to 2 July 2001 be expunged from his military records. c. a memorandum from the applicant to his battalion commander dated 27 October 2001 requesting that he retain the right to a commander's inquiry and an OER appeal on the contested report. The applicant's battalion commander stated that he had counseled the applicant about his negative attitude in virtually everything he did with the unit.
ARMY | BCMR | CY2009 | 20090004609
The applicant requests correction of her records to show she was placed on the Retired List in the pay grade of E-7. A DA Form 3713 (Data for Retired Pay), dated 10 November 1976, contained in the applicant's Official Military Personnel File shows her active duty rank, retired rank, highest rank held, and retired pay grade as PFC/E-3. It appears the applicant is requesting to be placed on the Retired List in the pay grade of E-7 because of her advanced education.
ARMY | BCMR | CY2009 | 20090004612
The applicants request for reinstatement as an officer in the Texas Army National Guard (TXARNG) was considered and denied by the Army Board for Correction of Military Records (ABCMR) on 4 May 2006. The evidence of record further shows that the applicant met with The Adjutant General to discuss his discharge and that The Adjutant General allowed him to later enlist as an enlisted Soldier. The evidence of records further shows that, while in the USAR Control Group (Reinforcement), the...
ARMY | BCMR | CY2009 | 20090004615
He elected to be discharged with entitlement to receive disability severance pay. Evidence of record shows the applicant was released from active duty by reason of physical disability with severance pay. Evidence of record shows he concurred with the PEB's findings and he elected to be discharged with entitlement to receive disability severance pay.
ARMY | BCMR | CY2009 | 20090004616
The applicant provides a newspaper article as new evidence in support of his reconsideration request. His DA Form 2-1 (Personnel Qualification Record), which he last reviewed on 3 March 2001, does not include the PH in the list of awards contained in item 9 (Awards, Decorations, and Campaigns). Absent any evidence of record corroborating his claim that he was wounded in action and/or treated for a combat-related wound while serving in the RVN or that shows he was ever recommended for or...
ARMY | BCMR | CY2009 | 20090004617
The applicant requests to have a special court-martial order moved from the performance section of his official military personnel file (OMPF) to the restricted section of his OMPF. This Army regulation also states that documents authorized for filing in the restricted section are those that must be permanently kept to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, evaluation periods, and corrections to other parts of the OMPF. As a result, the...
ARMY | BCMR | CY2009 | 20090004618
IN THE CASE OF: BOARD DATE: 27 August 2009 DOCKET NUMBER: AR20090004618 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. He states that he spent 3 months trying to get his mental state of mind to a healthy state and that he was subsequently sent to Letterman General Hospital in San Francisco, California. 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...
ARMY | BCMR | CY2009 | 20090004620
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he was promoted to the rank/pay grade of sergeant (SGT)/E-5 on 4 December 1969 and that he be awarded all back pay and allowances as a result of this correction. The applicant provides a copy of his DD Form 214; an undated, self-authored statement regarding his entitlement to have his records corrected to show his pay grade as E-5 and to include...
ARMY | BCMR | CY2009 | 20090004622
After carefully examining the applicants record of service, it was determined that the applicant should have received the GCMDL for his service from 29 May 1968 through 28 April 1970. Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the GCMDL at this time. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded the ARCOM...
ARMY | BCMR | CY2009 | 20090004623
The second page of a DD Form 2844 (Medical Record - Post-Deployment Medical Assessment) shows the applicant had retained shrapnel in his left hand. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. The applicant's service medical records show that the applicant received treatment for a right tympanic...
ARMY | BCMR | CY2009 | 20090004624
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that his under other than honorable conditions discharge be upgraded to general, under honorable conditions. On 19 February 1985, the appropriate authority approved the applicant's request for discharge for the good of the service and directed that a discharge under other than honorable conditions be issued to him and that the applicant be reduced to pay grade E-1.
ARMY | BCMR | CY2009 | 20090004625
The applicant provides an award certificate and orders for the Army Commendation Medal; an official statement of service; a statement of military service; and a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 29 February 2004 in support of his application. Based on the applicant's service in Afghanistan, he is eligible for award of the Afghanistan Campaign Medal with one bronze service star. As a result, the Board recommends that all...
ARMY | BCMR | CY2009 | 20090004626
The evidence of record confirms the applicant was properly recommended for the JSAM by her OIC and notwithstanding a recommendation from the task force commander to upgrade the award to a JSCM, the awards approval authority approved award of the JSAM originally recommended. While there is insufficient documentation and evidence for the Board to upgrade the applicant's approved JSAM to a JSCM, this in no way affects the applicants right to pursue his claim for award of the JSCM by...
ARMY | BCMR | CY2009 | 20090004627
Further, there are no orders or other documents on file in his record that indicate he was ever recommended for or awarded the PH by proper authority or that he ever pursued award of the PH while he was on active duty. Therefore, absent any evidence of record confirming the wound for which the applicant was treated was received as a result of enemy action, or that he was ever recommended for or awarded the PH by proper authority while serving on active duty, the regulatory burden of proof...
ARMY | BCMR | CY2009 | 20090004628
On 28 October 1968, the separation authority approved the applicant's discharge under the provisions of Army Regulation 635-206, for Civil Conviction, with an undesirable discharge. The available evidence shows the applicant was recommended for discharge with an undesirable discharge by reason of civil conviction. The available evidence also shows the applicant was in civil confinement during the processing of his separation as he had been sentenced to 1 1/2 to 4 years and he was confined...
ARMY | BCMR | CY2009 | 20090004629
An ARPC Form 249-2-E shows the applicant was credited with completing 18 years, 2 months, and 14 days of qualifying service for retired pay at age 60. In pertinent part, it provides that an annual Statement of Retirement Points will be prepared for all Soldiers regardless of the number of points awarded. The applicant should have received annual retirement point statements and been aware of the number of qualifying years that he had completed for retirement pay long before he was...
ARMY | BCMR | CY2009 | 20090004630
Application for correction of military records (with supporting documents provided, if any). There is no evidence of record to show the applicant suffered from PTSD while in the Army in 1970/1971 or that she was unable to perform her duties for any reason. _______ _ 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 | 20090004633
There are no orders in the applicant's personnel records which show he was awarded the CIB. The evidence of record shows the applicant was awarded MOS 11B and served in an infantry MOS with an infantry unit during his tour in Vietnam. However, there is insufficient evidence to show the applicant actively participated in ground combat while serving with his unit.
ARMY | BCMR | CY2009 | 20090004634
The applicant requests, in effect, that his DD Form 214 (Report of Transfer or Discharge) be corrected at: a. block 10b (Selective Service Local Board Number, City, State and Zip Code), to show Fort Myers, Florida; b. block 20 (Place of Entry into Current Active Service), to show Fort Myers, Florida; and c. block 21 (Home of Record at the Time of Entry into Active Service), to show XXXX Dunbar Avenue, Fort Myers, (Lee) Florida; 2. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2009 | 20090004636
The applicant requests that his Bad Conduct Discharge (BCD) be upgraded to an honorable discharge. He was removed from training and he was transferred to Vietnam on 19 September 1969 for duty as a cannoneer. As a result, clemency in the form of either a fully honorable or a general discharge under honorable conditions is not warranted in this case.
ARMY | BCMR | CY2009 | 20090004638
The applicant states that it was understood in his unit that if you were unable to make it to post for formation, you could call your chain of command. Service of Soldiers separated because of unsatisfactory performance under this regulation will be characterized as honorable or under honorable conditions. _______ _ 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 | 20090004640
Substantiating evidence must be provided to verify that the wound was the result of hostile enemy action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier was wounded as the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a...
ARMY | BCMR | CY2009 | 20090004641
Application for correction of military records (with supporting documents provided, if any). The applicant states, in effect, that his records were burned in 1973 and that he lost his service records that show he spent time on active duty in Korea in the Army of the United States and in the U.S. Air Force. He states he does not have a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) for his active duty Army service.
ARMY | BCMR | CY2009 | 20090004642
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's DA Form 2-1 (Personnel Qualification Record) shows he was promoted to private first class on 1 April 1981 and that this is the highest rank he attained while serving on active duty. The DD Form 214 (Certificate of Release or...
ARMY | BCMR | CY2009 | 20090004644
IN THE CASE OF: BOARD DATE: 14 July 2009 DOCKET NUMBER: AR20090004644 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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 defense of the Republic of Korea. DISCUSSION AND CONCLUSIONS: The applicant's service personnel records confirm he served in Korea from March 1996 to August 1997.
ARMY | BCMR | CY2009 | 20090004649
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that his undesirable discharge (UD) be upgraded to a general, under honorable conditions discharge (GD). The evidence of record confirms that the applicant was charged with the commission of an offense punishable under the UCMJ with a punitive discharge.
ARMY | BCMR | CY2009 | 20090004650
He states he qualifies for the medals as he was with the unit in Iraq during the required dates. The unit history and the statement from the applicant's platoon leader that the applicant was participating in Operation Longstreet in Iraq from 27 August to 10 September 2003 indicate the dates shown on the applicant's DD Form 214 for deployment to Kosovo are incorrect. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2009 | 20090004652
The applicant requests his military records be changed to show he was placed on the Retired List for physical unfitness rated 100 percent disabled. On 14 February 2005, the applicant's case was considered by a Physical Evaluation Board (PEB) while he was on the TDRL. Army Regulation 635-40 establishes the Army Physical Disability Evaluation System (PDES) and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical...
ARMY | BCMR | CY2009 | 20090004653
The applicants DD Form 214 shows he was inducted and entered active duty on 5 September 1963, was honorably released from active duty on 31 August 1965 based on early release of overseas returnee prior to expiration of term of service, and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining military service obligation. The VA, which has neither the authority, nor the responsibility for determining physical fitness for military service, awards...