ARMY | BCMR | CY2009 | 20090004752
The applicant's Officer Record Brief shows he was assigned to units in Korea during the period 18 August 2000 through about 12 June 2003. 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, acting through the ABCMR. The applicant contends, in effect, that his DD Form 214 should be corrected to show he served in the Republic of Korea from 19 August 2000 to 25 June 2003.
ARMY | BCMR | CY2009 | 20090004754
The applicant states, in effect, that he served in Iraq from 10 January through 17 September 2008, and this service is not recorded in item 12f of his DD Form 214. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. The evidence of record shows that all earned awards with the exception of than the award he is eligible for based on his Iraq service were entered in item 13 of his DD Form 214.
ARMY | BCMR | CY2009 | 20090004755
Application for correction of military records (with supporting documents provided, if any). Nevertheless, proof of the applicants having received nonjudicial punishment as well as HFP for a period of foreign service in Korea is sufficient evidence to show he served in Korea and he is entitled to correction of his DD Form 214 to show this service. _______ _ __x_____ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...
ARMY | BCMR | CY2009 | 20090004758
The applicant requests an upgrade of his bad conduct discharge. The sentence was approved and, except for the part of the sentence pertaining to a bad conduct discharge, ordered to be executed. U.S. Army Correctional Brigade, General Court-Martial Order Number 757, dated 4 December 1990, shows the applicant's sentence to a bad conduct discharge, confinement for 14 months, and forfeiture of all pay and allowances, adjudged on 29 September 1989, as promulgated in General Court-Martial Order...
ARMY | BCMR | CY2009 | 20090004759
However, his records contain a copy of his DD Form 214 which shows he was separated from active duty, on 2 October 1972, in pay grade E-1, under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Separations), for the good of the service in lieu of court-martial. The applicant's records also contain a NGB Form 22 (National Guard Bureau - Report of Separation and Record of Service) that shows he was discharged from the MIARNG, in pay grade E-1, on 3 October 1972,...
ARMY | BCMR | CY2009 | 20090004760
BOARD DATE: 30 July 2009 DOCKET NUMBER: AR20090004760 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Evidence shows the applicant was promoted to SGM on 15 March 1974. 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 | 20090004761
The applicant requests his bad conduct discharge be upgraded to a general discharge, under honorable conditions or to an under other than honorable conditions discharge. 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. Conviction and discharge were effected in accordance with applicable...
ARMY | BCMR | CY2009 | 20090004762
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his award of the Purple Heart. The applicant was awarded the Purple Heart for wounds received in action against the enemy on 29 January 1969 and he is entitled to have that award entered on his records 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 first...
ARMY | BCMR | CY2009 | 20090004763
The applicant's commander's recommendation was approved by the appropriate authority and the applicant was discharged, on 17 September 1993, under the authority of Army Regulation 635-200 (Enlisted Separations), Chapter 14, due to a pattern of misconduct and issued a General Discharge Certificate. On 24 January 1997, the Army Discharge Review Board denied the applicant's request to upgrade his general discharge. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is...
ARMY | BCMR | CY2009 | 20090004765
Incorporated herein by reference are military records which were summarized in the previous considerations of the applicant's cases by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070008144 on 6 November 2007 and Docket Number AR20080000857 on 3 July 2008. While this case is not a request for reconsideration, in the interest of expediency and based on the previous considerations of the applicants earlier requests to the ABCMR, this case will be considered...
ARMY | BCMR | CY2009 | 20090004771
The applicant requests, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Combat Medical Badge and four additional bronze service stars to be affixed to his Korean Service Medal. Records show the applicant participated in two campaigns during his assignment in Korea. Army Regulation 600-8-22 further provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for...
ARMY | BCMR | CY2009 | 20090004772
Counsel requests reconsideration of the applicant's earlier request for correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Purple Heart. h. Medical document, dated 19 December 1944, shows the following entries: (1) the applicant was WIA (wounded in action) by shell fragments to his chin and right shoulder incurred due to enemy action in combat on 2 November 1944 near Stohlberg, Germany, as per his statement; (2) the applicant suffered a rifle...
ARMY | BCMR | CY2009 | 20090004775
IN THE CASE OF: BOARD DATE: 25 June 2009 DOCKET NUMBER: AR20090004775 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his bad conduct discharge be upgraded to a discharge under honorable conditions 2. In accordance with Title 10, United States 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 | BCMR | CY2009 | 20090004777
It shows that he was entitled to a reimbursement for SBP overcharges. On 6 April 2008 and again 11 November 2008, the applicant requested that the Army SBP Administrative Board review his request for full repayment of the monies erroneously withheld. On 13 January 2009, the Army SBP Administrative Board advised the applicant that due to the 6-year barring statute he would have to apply to the Army Board for Correction of Military Records for a correction of his records.
ARMY | BCMR | CY2009 | 20090004779
CONSIDERATION OF EVIDENCE: 1. 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. While the applicant was an infantryman assigned to an infantry company in Vietnam, he has failed to show through the evidence of record and the evidence submitted with his application that he ever engaged the enemy in Vietnam to the extent that he would qualify for award...
ARMY | BCMR | CY2009 | 20090004780
The applicant's military records show that he was appointed in the United States Army Reserve (USAR), as a second lieutenant, effective 23 May 1996. Army Regulation 135-155, paragraph 4-21, states that the effective date and date of promotion to fill USAR position vacancies will be no earlier than the approval date of the board, the date of Senate confirmation (if required), or the date the officer is assigned to the position, whichever is later. However, there is no evidence in the...
ARMY | BCMR | CY2009 | 20090004781
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his primary military occupational specialty (MOS) as 63B1O (Light Wheel Vehicle Mechanic). There is no available evidence showing that he was ever awarded MOS 63D1O. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 11 of his DD Form 214 the entry "63D1O00 Artillery Mechanic - 4 years...
ARMY | BCMR | CY2009 | 20090004783
He further requests removal of any record of a DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)) that was illegally submitted and administered and the removal of an Officer Evaluation Report (OER), dated 31 January 2000, from his official military personnel file (OMPF). 06-2051 against the State of New Jersey Department of Military and Veterans Affairs, National Guard of the United States: a. a sworn statement, dated 30 August 1999; b. a general...
ARMY | BCMR | CY2009 | 20090004784
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, reconsideration of her request to correct her military records and DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 27 March 1993, to reflect her current name and gender. In support of her request, the applicant provides a self-authored letter, dated 16 March 2009; copies of her 1993, 1995, 1997, and 1999 active duty orders; her 1993 DD...
ARMY | BCMR | CY2009 | 20090004788
Application for correction of military records (with supporting documents provided, if any). The applicant provides a MEPS accession document that was prepared upon his enlistment in the RA and entry on active duty, which is dated 8 January 1991. The DD Form 4 on file confirms the applicant enlisted in the RA and entered active duty on 8 January 1991, not 1992, as is indicated in item 12a of his DD Form 214.
ARMY | BCMR | CY2009 | 20090004789
The applicant requests correction of his records to show award of the Bronze Star Medal. The applicant contends that his records should be corrected to show award of the Bronze Star Medal. There is no evidence in the applicants records and the applicant did not provide any substantiating evidence that shows he was recommended for and/or awarded the Bronze Star Medal.
ARMY | BCMR | CY2009 | 20090004790
On 4 December 1992, Orders number 000-004 were published awarding the applicant the Army Commendation Medal for meritorious service as a radio operator and COMSEC accounts clerk during Garrison and numerous field training exercises from 23 January 1992 through 23 November 1992. On 26 February 2009, the applicant was furnished a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) to add the awards of the Korea Defense Service Medal and the Air...
ARMY | BCMR | CY2009 | 20090004792
He states that everything else on his discharge document and service records clearly show he was a resident of Wisconsin at the time of his entry into military service and that his address was Route 2, Box 44, Pewaukee, Wisconsin. The applicant's military record is not available to the Board for review. His WD AGO Form 53-55 and the independent evidence he provides clearly show he was born in, graduated from high school in, and entered military service from Wisconsin.
ARMY | BCMR | CY2009 | 20090004795
His DA Form 20 (Enlisted Personnel Record) shows service in Vietnam from 7 September 1967 through 15 May 1968, with assignment to: a. Therefore, the applicant's records should be corrected to show this unit award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from Item 24 of the applicant's DD Form 214 the Vietnam Service Medal with 2 bronze service stars; b. adding to Item 24 of the applicant's DD Form...
ARMY | BCMR | CY2009 | 20090004796
Application for correction of military records (with supporting documents provided, if any). 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. Item 1 (Name) on his DD Form 214 reads W------s, J----s. DISCUSSION AND CONCLUSIONS: The evidence of record confirms the applicant's orders announcing the award of the Purple Heart contains an incorrect middle initial...
ARMY | BCMR | CY2009 | 20090004799
There are no orders in the applicant's records that show he was awarded the Combat Medical Badge. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental, or smaller size which is engaged in active ground combat. In the absence of evidence that the...
ARMY | BCMR | CY2009 | 20090004800
When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. Evidence of record shows the applicant had been previously convicted by an SPCM and sentenced to hard labor. After a thorough review of the applicants record and issues the Board found no basis for granting clemency in this case.
ARMY | BCMR | CY2009 | 20090004806
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Purple Heart, Combat Infantryman Badge, Army Good Conduct Medal, or Air Medal. Therefore, the applicant is entitled to the Army Good Conduct Medal (first award) for the period 30 December 1966 through 5 August 1969 and correction of his records to show this...
ARMY | BCMR | CY2009 | 20090004808
Therefore, there is sufficient evidence to show the applicant is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award. The evidence of record shows the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Purple Heart for wounds received in action on 8 April 1970 in the Republic of Vietnam; b. deleting from...
ARMY | BCMR | CY2009 | 20090004809
Application for correction of military records (with supporting documents provided, if any). On 30 October 1974, the Army Discharge Review Board (ADRB), after careful consideration of the applicant's military records and all other available evidence, determined that the applicant's discharge was proper and equitable, and it voted to deny his request for a change to the characterization of his service and/or to the reason for his separation. As a result, his record clearly did not support...
ARMY | BCMR | CY2009 | 20090004810
He further states that his military records cannot be found and he needs proof he was awarded the Combat Infantryman Badge. Evidence of record shows that the applicant was awarded an infantry MOS and that he served in infantryman positions with D Company (Ranger), 151st Infantry and D Company (Ranger), 75th Infantry from October 1969 to January 1970, and C Company, 87th Infantry from 2 January 1971 to 27 April 1971. Therefore, there is insufficient evidence on which to base adding the...
ARMY | BCMR | CY2009 | 20090004818
The applicants DD Form 214 does not show the Combat Infantryman Badge or the Purple Heart as authorized awards. There is no evidence in the available records which show that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. There is no evidence of record which shows that the applicant was wounded as a result of hostile action in Vietnam.
ARMY | BCMR | CY2009 | 20090004819
The applicants military records are not available to the Board for review. Based on award of the Korean Service Medal, the applicant is eligible for award of the United Nations Service 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 Purple Heart for wounds received in action on 13 April 1951; and b. adding the Purple Heart, the United Nations Service Medal, the National Defense Service Medal,...
ARMY | BCMR | CY2009 | 20090004820
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 $28,500.00 (exclusive of MGIB benefits) were authorized by the official processing you for enlistment and the Government...
ARMY | BCMR | CY2009 | 20090004821
IN THE CASE OF: BOARD DATE: 18 AUGUST 2009 DOCKET NUMBER: AR20090004821 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The DD Form 214 he was issued at the time shows he was discharged, in the rank of PV1/E-1, under the provisions of Chapter 13, Army Regulation 635-200, by reason of unsatisfactory performance. Item 12b (Separation Date this Period) contains the entry "86 11 25" which indicates he was discharged on 25 November 1986, and Item 12c (Net Active Service this Period) contains...
ARMY | BCMR | CY2009 | 20090004822
By regulation, in order to support award of the CIB, there must not only be evidence that a member served in an infantry military occupational specialty in an infantry unit, but also that he was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces. The applicant's records show he was awarded the Vietnam Service Medal and that he participated in five campaigns while serving in the RVN. As a result, the Board...
ARMY | BCMR | CY2009 | 20090004826
Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time shows he earned the following awards: NDSM, RVN Campaign Medal, VSM, CIB, and BSM with "V" Device. 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 5 October 1966 through...
ARMY | BCMR | CY2009 | 20090004828
There were no entries made in his service personnel records to show he was wounded as a result of hostile action and no orders were published awarding the applicant the Purple Heart. In the absence of evidence showing the applicant was wounded as a result of hostile action, the Department of Veterans Affairs rating decision provided by the applicant is insufficient evidence on which to base award of the Purple Heart. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the...
ARMY | BCMR | CY2009 | 20090004833
The applicant requests, in effect, complete removal of the DA Form 67-9 (Officer Evaluation Report (OER)) covering the rating period from 6 August 2005 through 8 January 2006 (hereafter referred to as the contested OER) from his records and that a statement of non-rated time be issued in lieu of rating. He adds that the chain of command requested he undergo a complete train-up of all aviations tasks not related to the examination failure and that he completed the training within 54 days. ...
ARMY | BCMR | CY2009 | 20090004837
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows he was discharged under the provisions of chapter 3, Army Regulation 635-200 (Personnel Separations) as a result of court-martial, with a bad conduct...
ARMY | BCMR | CY2009 | 20090004841
Evidence of record shows that the applicant was found unfit for duty and placed on the TDRL on 16 August 2002. The applicant provides his 100 percent disability rating from VA in an effort to show that he should have been medically retired. Consequently, the applicant's medical condition, although not considered medically unfitting for military service at the time of processing for separation, discharge or retirement, may be sufficient to qualify him for VA benefits based on an evaluation...
ARMY | BCMR | CY2009 | 20090004842
The applicant requests that the narrative reason for separation and separation code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to reflect that he was discharged for "Hardship." The available records do not reflect when the applicant returned to the Continental United States; however, on 13 February 1991, while at Fort Bragg, the applicant submitted a request for discharge under the provisions of Army Regulation 635-200, paragraph 6-3a, for the...
ARMY | BCMR | CY2009 | 20090004851
The applicant provides a recommendation for the SS and proposed citation submitted by his former company commander, dated 8 October 1996, as new evidence which was not previously considered by the Board. The evidence of record in this case shows the applicant's BSM with "V" Device was upgraded to the SS in 1997 based on the recommendation and proposed citation submitted by his former company commander, which he now submits in support of this request for reconsideration. The applicant's...
ARMY | BCMR | CY2009 | 20090004854
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 7 March 2007, the unit commander notified the applicant that he was initiating action to separate him under the provisions of paragraph 14-12c, Army Regulation 635-200 (Personnel Separations Enlisted Personnel), based on the unit urinalysis that showed he tested positive for cocaine. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service...
ARMY | BCMR | CY2009 | 20090004855
Application for correction of military records (with supporting documents provided, if any). The applicant states, in effect, that he was trained and served in MOS 11B and MOS 31E while serving in Iraq and he would like his qualifications in these MOSs reflected on his DD Form 214. The applicant's OMPF is void of any orders or other documents showing he ever held or served in MOS 31E or 11B during his active duty tenure.
ARMY | BCMR | CY2009 | 20090004856
On 16 December 1992, the convening authority approved the sentence and except for the bad conduct discharge, he ordered it executed. The Deputy SJA also stated that the decision to title the applicant for his role in the larceny offenses for which he was later court-martialed appears proper and that no action would be taken to amend the applicant's records and that if new and relevant information was available, the request to amend the ROI could be resubmitted. Accordingly, the CID titling...
ARMY | BCMR | CY2009 | 20090004859
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. To be awarded the Purple Heart, substantiating evidence must be presented to show that the applicant was wounded as a result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of...
ARMY | BCMR | CY2009 | 20090004860
Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Therefore, it would be appropriate to award him the first award of the AGCM for his qualifying period of honorable active duty service from 2 December 1966 through 29 November 1968. 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 received in action in the Republic of Vietnam on 8 February 1968; b....
ARMY | BCMR | CY2009 | 20090004861
The applicant enlisted in 1976 and reenlisted in 1979, with an eye condition that supported a 2 profile for the eyes. The medical documents on file and provided by the applicant give no indication that his eye condition prevented him from performing the duties of his MOS and grade at anytime during his period of service, even after he sustained powder burns to his eyes in 1981. In fact, the applicant's continued performance of his assigned duties commensurate with his rank or grade between...
ARMY | BCMR | CY2009 | 20090004865
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, reconsideration of an earlier request that his undesirable discharge (UD) be upgraded to an honorable discharge (HD) and that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to document his overseas service in Fulda, Germany.