ARMY | BCMR | CY2009 | 20090004658
Counsel requests that the applicants record be cleared of all allegations regarding the accusation of using an unauthorized calling card. 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. Based on the information provided by the applicant, the JAG determined that there was insufficient evidence to take action against him for larceny due to insufficient...
ARMY | BCMR | CY2009 | 20090004661
The applicant requests, in effect, correction of his WD AGO Form 53-55 (Honorable Discharge), with the ending period 22 March 1946, to show award of the Army of Occupation Medal with Japan Clasp. He provides his WD AGO Form 53-55 and Army of the United States Honorable Discharge Certificate, dated 22 March 1946. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his WD AGO Form 53-55 to add the Army of Occupation...
ARMY | BCMR | CY2009 | 20090004662
The applicant requests, in effect, the records of her deceased father, a former service member (FSM), be corrected to show award of the Purple Heart as a result of wounds he received and other awards he earned in service during World War II (WWII). With respect to award of the Purple Heart, there is no evidence that the FSM served in any theater outside the continental limits of the United States during WWII. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2009 | 20090004663
The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to include his first period of foreign service in Iraq and a second award of the Army Commendation Medal (ARCOM). The record does not support the applicant's claim that his first period of service in Iraq began on 29 January 2003, which was actually the date his deployment orders were published and clearly prior to his actual deployment date, which is established as 31...
ARMY | BCMR | CY2009 | 20090004665
Application for correction of military records (with supporting documents provided, if any). Therefore, without the publication of official military orders announcing this award, the applicant is not entitled to have his records corrected to show award of the Bronze Star Medal. 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 | 20090004667
On 24 October 1980, the separation authority approved the applicants request for discharge and directed that he be issued an Under Other Than Honorable Conditions Discharge Certificate. The DD Form 214 he was issued confirms he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 10, for the good of the service in lieu of trial by court-martial with a discharge under other than honorable conditions. He completed 1 year, 3 months, and 10 days of...
ARMY | BCMR | CY2009 | 20090004670
The applicant requests that his period of service covered by the 26 April 1991 DD Form 214 (Certificate of Release or Discharge from Active Duty) be characterized as honorable. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) currently provides the following: a. a Soldier with less than 181 days of continuous active military service may be issued an entry-level-status separation with uncharacterized service; and b. a Soldier who has less than 181 days of continuous...
ARMY | BCMR | CY2009 | 20090004671
The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) on or about from 23 September 1968 to on or about 19 August 1969. In the absence of documentation that shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case. _______XXX ___ ______ CHAIRPERSON I certify that herein is recorded the true and complete record of...
ARMY | BCMR | CY2009 | 20090004672
The DD Form 214 shows she was discharged under the provisions of Army Regulation 635-200, paragraph 5-13 with the narrative reason for separation for personality disorder and an SPD of JFX. Consequently, an individual's physical, medical, or mental condition, although not considered medically unfitting for military service at the time of processing for separation, discharge or retirement, may be sufficient to qualify the individual for VA benefits based on an evaluation by that agency. ...
ARMY | BCMR | CY2009 | 20090004674
On 20 December 1978, the applicant was discharged with a Bad Conduct Discharge Certificate under the provisions of chapter 11 of Army Regulation 635-200 (Personnel Separations Enlisted Personnel) by reason of court-martial. 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. Conviction and discharge were effected in accordance with applicable law and...
ARMY | BCMR | CY2009 | 20090004675
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his completion of the Lightning Combat Leadership Course and the award of the Bronze Star Medal (BSM). A review of the applicant's official military personnel file failed to show any evidence to suggest that the applicant was recommended for award of the BSM. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2009 | 20090004677
Item 38 (Record of Assignments) on the applicants DA Form 20 (Enlisted Qualification Record) reflects all excellent ratings for conduct and efficiency during his period of military service. Although there are no orders in the available records which confirm the applicants award of the Parachutist Badge, the entry in item 41 on his DA Form 20, the evidence that he did in fact complete airborne training, and his award of the SQI P are sufficient indicators to conclude the applicant was...
ARMY | BCMR | CY2009 | 20090004679
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 28 May 1969 to show awards of the Bronze Star Medal and the Air Medal (3rd Oak Leaf Cluster). This document shows that, at the time of the applicants assignment to the 3rd Battalion, 60th Infantry it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 through 30 June 1968 by Department of the...
ARMY | BCMR | CY2009 | 20090004681
The evidence of record shows that prior to his retirement in 1977, the FSM elected full SBP spouse coverage. However, there is no indication that the FSM submitted the necessary forms to change his SBP election from "spouse" to "former spouse" within one year of the divorce. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he changed his SBP coverage from "spouse" coverage to "former spouse" coverage" within one...
ARMY | BCMR | CY2009 | 20090004683
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Report of Transfer or Discharge) to show a Certificate of Combat. _________________________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military...
ARMY | BCMR | CY2009 | 20090004692
When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. 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. The evidence of record failed to establish a basis upon which clemency could be granted and upon which the severity of the punishment imposed could be...
ARMY | BCMR | CY2009 | 20090004696
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 (Certificate of Release or Discharge 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...
ARMY | BCMR | CY2009 | 20090004697
Item 11d (Effective Date) of the applicant's DD Form 214 erroneously shows the applicant separated from active service on 16 December 1970, the same date he was inducted into the Army of the United States. It stated that for Item 11d, enter the date separation was accomplished. Headquarters, U.S. Army Training Center, Fort Polk, Special Orders Number 142, dated 24 May 1972 and his request for early release memorandum, dated 22 May 1972, confirm that his separation date from active duty was...
ARMY | BCMR | CY2009 | 20090004698
On 3 January 2003, the applicants immediate commander notified the applicant of his intent to initiate separation action against him in accordance with paragraph 14-12(c) of Army Regulation 635-200 (Personnel Separations) for misconduct, commission of a serious offense, due to his wrongful use of cocaine. On 5 February 2003, the applicants immediate commander initiated separation action against him in accordance with paragraph 14-12(c) of Army Regulation 635-200 for misconduct, commission...
ARMY | BCMR | CY2009 | 20090004699
The applicant requests, in effect, award of the Combat Medical Badge (CMB). As a result, it would be appropriate to award the applicant the AGCM for his qualifying period of honorable active duty service from 30 September 1968 through 29 September 1971, and to add it to his record and DD Form 214 at this time. 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 30...
ARMY | BCMR | CY2009 | 20090004700
In order to rectify the multiple errors, it is appropriate to correct the record to show that the applicant had 20 qualifying years of service as of 25 May 1992, that he was issued a proper 20-year letter, that he elected to receive non-regular retirement in lieu of disability severance pay, that he was transferred to the Retired Reserve 26 May 1992 with entitlement to retired pay upon attaining age 60, and that he was placed on the Retired List effective 26 June 2008 with entitlement to...
ARMY | BCMR | CY2009 | 20090004702
The applicant states that he submitted a request for an exception to policy for storage of HHG beyond 180 days through the Transportation Division located at Fort Leavenworth, Kansas, to the Department of the Army (DA) Office of the Deputy Chief of Staff (DCS), G-4. An email message, dated 1 February 2008, shows the applicant submitted a request for an exception to policy for a 90-day extension beyond the 180-day time limitation storage in transit (SIT) period for his HHG to the Chief of...
ARMY | BCMR | CY2009 | 20090004706
The applicant requests, in effect, that his undesirable discharge be upgraded to an honorable discharge. He also states that at the time of his discharge he suffered from mental and medical conditions which caused his improper behavior. The applicant was discharged in pay grade E-1 on 21 January 1960 under the provisions of Army Regulation 635-208 with an undesirable discharge.
ARMY | BCMR | CY2009 | 20090004708
The applicant requests correction of his records to show he was medically discharged instead of honorably discharged. On 20 January 1975, the applicants immediate commander notified the applicant of his intent to initiate separation action against him under the provisions of Department of the Army (DA) Message DTG 011510Z August 1973, Evaluation and Discharge of Enlistees Before 180 Active Duty days (also known as the Trainee Discharge Program). If the medical evaluation board (MEB)...
ARMY | BCMR | CY2009 | 20090004710
Application for correction of military records (with supporting documents provided, if any). The applicants military records are not available to the Board for review. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.
ARMY | BCMR | CY2009 | 20090004713
BOARD DATE: 18 August 2009 DOCKET NUMBER: AR20090004713 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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 (CIB). 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 add award of the CIB.
ARMY | BCMR | CY2009 | 20090004715
The applicant states that he tested positive for cocaine and it was his first and only Article 15 while serving 7 years in the military. On 23 March 1993, the applicant's commander initiated action to separate the applicant from the service under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 14-12c, for commission of a serious offense. There is no evidence to show that he ever applied to the Army Discharge Review Board for an upgrade of...
ARMY | BCMR | CY2009 | 20090004716
The applicant requests, in effect, that the Army Good Conduct Medal (AGCM), Sharpshooter Marksmanship Qualification Badge (Rifle M-14), and all other awards he is eligible for be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). Paragraph 2-13 of the awards regulation contains guidance for award of the VSM and states, in pertinent part, that a bronze service star is authorized to be worn with this award for each campaign a member is credited with...
ARMY | BCMR | CY2009 | 20090004717
Application for correction of military records (with supporting documents provided, if any). The applicant states that he was separated from the service on 16 October 1946 in the rank of private, that he served 20 months, and that he was told that promotions were frozen at the time in question. The applicants military records are not available to the Board for review.
ARMY | BCMR | CY2009 | 20090004719
Application for correction of military records (with supporting documents provided, if any). His record is void of any orders or other documents that indicate he ever served in his primary MOS of 11B in an infantry unit, or that he was ever recommended for or awarded the CIB by proper authority while serving in the RVN. As a result, although he held the primary MOS 11B, the evidence of record confirms he served in MOS 95B in an MP unit while serving in the RVN.
ARMY | BCMR | CY2009 | 20090004721
The applicant requests, in effect, that his DA Form 20 (Enlisted Qualification Record) be corrected in Item 38 (Record of Assignments) to show only one entry for AWOL (absent without leave). The applicant states he was only AWOL from 2 October 1973 through 9 January 1974, and requests a second period of AWOL from 8 February 1974 through 3 April 1974 be removed from his records. __________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the...
ARMY | BCMR | CY2009 | 20090004722
The applicant requests, in effect, that his discharge characterized as under other than honorable conditions (UOTHC) be upgraded. However, the MPRJ does contain a DD Form 214 that shows he was discharged, on 4 May 1987, under the provisions of Army Regulation 635-200, chapter 10, with an UOTHC discharge. ________XXX______________ 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 | 20090004723
The applicant requests correction of his military records to show award of the Army Good Conduct Medal. Army Regulation 672-5-1 (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. The applicants records clearly show that he completed a qualifying period of active duty enlisted service for award of the Army Good Conduct Medal.
ARMY | BCMR | CY2009 | 20090004726
He also states that in the interest of justice, he is requesting a correction to his DD Form 214 (DD Form 215) be issued that contains an entry in item 18 (Remarks) that shows his HOR was WI at the time he entered active duty. The applicant provides his DD Form 214 in support of his application. The applicant's Official Military Personnel File (OMPF) contains a DD Form 4/1 (Enlistment/Reenlistment Document) which lists his HOR as Milwaukee, WI in item 5 (Home of Record).
ARMY | BCMR | CY2009 | 20090004727
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, reconsideration of his previous request to have a 2000 Record of Proceedings under Article 15 of the Uniform Code of Military Justice (UCMJ) removed from the restricted portion of his Official Military Personnel File (OMPF). While the applicant certainly has continued to Soldier on as evidenced by his subsequent promotions and award of two Bronze Star Medals, the removal of the UCMJ action from his...
ARMY | BCMR | CY2009 | 20090004729
His punishment consisted of a reduction to the pay grade of E-1 and extra duty for 7 days. On 2 October 1972, the applicant's commander also initiated a bar to reenlistment against the applicant. There is no evidence in the available records to show that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations.
ARMY | BCMR | CY2009 | 20090004731
The applicant requests an upgrade of his undesirable discharge to an honorable discharge. On 17 October 1966, the separation authority approved the applicants discharge under the provisions of Army Regulation 635-212 by reason of unfitness and directed the applicant be furnished an Undesirable Discharge Certificate. There is no evidence 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 | BCMR | CY2009 | 20090004732
The applicant requests, in effect, amendment of his unit's deployment orders and payment of retroactive entitlements associated with Involuntary Assignment Incentive Pay (AIP). The applicant states, in effect, that his records should be amended to show the involuntary extension of his unit's deployment in Iraq required him to serve beyond the 365 day boots on ground (BOG) requirement in order to be eligible for receipt of Involuntary AIP. The applicant's contentions that his records should...
ARMY | BCMR | CY2009 | 20090004734
The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 30 January 2009, be corrected by correcting the dates of his Iraq service listed in item 18 to read 28 October 2006 through 16 January 2008 and by adding the Army Good Conduct Medal (AGCM), Army Commendation Medal (ARCOM), Army Achievement Medal (AAM), and all other medals he is eligible for based on his service in Iraq. The evidence of record fails to show the applicant was...
ARMY | BCMR | CY2009 | 20090004735
IN THE CASE OF: BOARD DATE: 25 August 2009 DOCKET NUMBER: AR20090004735 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that his military records be corrected to show his Total Active Federal Commissioned Service (TAFCS) began on 15 June 1992 for entitlement to additional Aviator Continuation Pay (ACP). The applicant provides a statement of support from the current Program Manager for the Aviation Continuation Program, dated 13 February 2009; his ACP...
ARMY | BCMR | CY2009 | 20090004736
The applicant states, in effect, the battalion commander imposed nonjudicial punishment under Article 15, UCMJ; however, he does not believe the evidence supported the findings and there was insufficient evidence to prove guilt beyond a reasonable doubt, as provided for in Army Regulation 27-10 (Military Justice). (2) Paragraph 5, subparagraph b, in pertinent part, "It is the Unit commander's responsibility to conduct EFMB training and preparation in advance of EFMB Testing." (1) Recommend...
ARMY | BCMR | CY2009 | 20090004737
Evidence of record shows the applicant is entitled to the award of the Army Good Conduct Medal for the period of service from 29 April 1970 to 17 December 1971. Therefore, the applicant is entitled to correction of his records to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds sustained on 31 March 1971; b. awarding him the Army Good Conduct Medal for the...
ARMY | BCMR | CY2009 | 20090004738
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. Based on the applicant's "excellent" conduct and efficiency ratings throughout his two periods of service, his completion of 3 years of satisfactory service, and the absence of evidence showing disqualification, the applicant is entitled to award of the Army Good Conduct Medal based on his...
ARMY | BCMR | CY2009 | 20090004739
On 1 March 2005, the separation authority approved the applicants request for discharge and directed that he be issued a discharge UOTHC. 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. The applicant contends that his discharge should be upgraded, he never intended to go AWOL, and he did not want...
ARMY | BCMR | CY2009 | 20090004743
The applicant provides a letter of commendation from the executive officer of the 22nd Replacement Depot dated 25 October 1945 in which it was stated that "from 8 October 1945 to 25 October 1945, while on attached unassigned status in this command awaiting transportation to the United States, you volunteered your services in the personnel section and assisted in processing records of returning personnel. Army Regulation 600-8-22 (Military Awards) provides that the Army of Occupation Medal...
ARMY | BCMR | CY2009 | 20090004746
The applicant contends that his records should be corrected to show his rank as a CPT. The evidence of record shows that the applicant was appointed as a Signal 2LT in the Army of the United States on 2 March 1945 and was promoted and/or appointed to 1LT on 31 January 1946. He did not complete the required 18 months of active duty in the grade of 1LT.
ARMY | BCMR | CY2009 | 20090004748
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show 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 him the first award of the Good Conduct Medal for the period 24 January 1997 through 23 January 2000; and b. adding the Good Conduct Medal to his DD Form 214. _______ _ __X_____ ___ CHAIRPERSON I certify that...
ARMY | BCMR | CY2009 | 20090004749
The applicant states that he served with the 2nd Battalion, 34th Armor, 25th Infantry Division, in the Republic of Vietnam, and he was not awarded the Combat Infantryman Badge. However, there is no evidence in the available records and the applicant did not submit sufficient evidence that shows he was assigned and/or attached to an infantry unit or that he was an active participant in combat while assigned to his infantry unit. In the absence of evidence that he served in active ground...
ARMY | BCMR | CY2009 | 20090004750
The applicant requests, in effect, that his undesirable discharge be upgraded to honorable or general, under honorable conditions. On 10 January 1968, the applicant, at 20 years and 8 months of age, was inducted into the Army of the United States for 2 years. 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 | 20090004751
The applicant requests that he be awarded the Combat Infantryman Badge and the Army Aviation Badge and, in effect, that these and any other awards that he is authorized be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The applicant states he should be awarded the Combat Infantryman Badge and the Army Aviation Badge because he was member of the 199th Infantry Brigade, and he served in ground combat operations and he was awarded the Bronze Star...