ARMY | BCMR | CY2009 | 20090004866
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. He states, in effect, that: a. he erroneously enlisted into the Army; b. he was granted a Presidential pardon by President Gerald Ford; c. when he enlisted into the Army, he was not nearly settled in mind or spirit and that he was a child who had never been away from home; d. at the time of his enlistment, he signed his father's name on the DD Form 373 (Consent, Declaration of Parent or Legal Guardian); e. his enlistment contract is void...
ARMY | BCMR | CY2009 | 20090004867
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. Records show 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 him the Army Good Conduct Medal for the period of service from 29 March 1968 to 6 November...
ARMY | BCMR | CY2009 | 20090004869
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 $35,000.00 (exclusive of MGIB benefits) were authorized by the official processing you for enlistment and the Government fails to pay the full amount under the appropriate provisions and such failure results in nonpayment of ACF benefits in the amount of $35,000.00 over the amount of the MGIB benefits, the Army may pay said benefits in...
ARMY | BCMR | CY2009 | 20090004870
The applicant requests correction of his records to show he served in the Republic of Vietnam (RVN) and that he was awarded the Purple Heart. Records show the applicant served in the RVN from 8 February to 19 June 1969; however, item 30 of his DD Form 214 fails to document his service in Vietnam. There is no evidence in the applicants military personnel records that shows he was wounded as a result of hostile action; his DA Form 20 does not list the Purple Heart in item 41; the...
ARMY | BCMR | CY2009 | 20090004872
The applicant requests, in effect, correction of his military records to show his rank/grade was restored to sergeant (SGT)/E-5 at the time of his discharge. The applicant's DD Form 214, as corrected based on the last decision of the ADRB shows his rank as private, pay grade E-1. The evidence shows that the applicant's discharge was upgraded to honorable and the reason for his discharge was changed to Secretarial Authority.
ARMY | BCMR | CY2009 | 20090004873
The evidence of record shows the FSM received a gunshot wound while serving in the RVN. Unfortunately, there is no evidence of record to show that the FSM was awarded the Bronze Star Medal. Records show that the FSM participated in four campaigns during his service in the Republic of Vietnam.
ARMY | BCMR | CY2009 | 20090004876
Application for correction of military records (with supporting documents provided, if any). The author also provided a copy of his DD Form 214 showing that at the time of his release from active duty, his last assignment was with the U.S. Army Special Photographic Detachment in Hawaii. The available evidence does not confirm that the applicant served a qualifying period (6 months) in the Republic of Vietnam for award of the Republic of Vietnam Campaign Medal.
ARMY | BCMR | CY2009 | 20090004878
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. AR 635-200 paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions. There is no evidence in the applicants records that indicate he was turned over to civil authorities by the Military Police.
ARMY | BCMR | CY2009 | 20090004880
Counsel states, in effect, that the Army Board for Correction of Military Records (ABCMR), during its reconsideration of the applicants original request, failed to address how the Army could justify not granting the applicant a 40 percent disability rating utilizing the VASRD (Veterans Schedule for Rating Disabilities) Code 5293. Appendix B-39 further states that objective signs of and findings of neurological involvement are often found in combination with objective symptoms such as pain....
ARMY | BCMR | CY2009 | 20090004881
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant's record shows that he was medically retired due to a permanent physical disability. The applicant's record contains no evidence and he has failed to provide any evidence that shows he was considered, selected, and subsequently promoted to the rank of SFC.
ARMY | BCMR | CY2009 | 20090004882
However, there is insufficient evidence to grant him the Purple Heart in this case. However, chronicles of events which were prepared and/or are submitted more than 60 years after the fact do not by themselves conclusively prove the applicant was wounded or injured as a result of hostile action. Regrettably, absent evidence which conclusively shows that the applicant sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or...
ARMY | BCMR | CY2009 | 20090004885
The applicant requests an upgrade of his general, under honorable conditions discharge to fully honorable and 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 as well as any other awards to which he is entitled. 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...
ARMY | BCMR | CY2009 | 20090004886
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to include the award of the Purple Heart. On 8 March 1970, he was transferred to the Medical Holding Company, United States Army Hospital, Fort Ord, California in a patient status. However, there is no evidence in the available record, nor has the applicant submitted any evidence to show that he was awarded the Purple Heart.
ARMY | BCMR | CY2009 | 20090004887
The applicant requests, in effect, that his records be corrected to show he was discharged by reason of a physical disability that was incurred as a result of military service. On 19 November 1980, the applicant was counseled by his commander concerning his ability to participate and complete basic training. Consequently, due to the two concepts involved, an individual's medical condition, although not considered medically unfitting for military service at the time of processing for...
ARMY | BCMR | CY2009 | 20090004888
IN THE CASE OF: BOARD DATE: 16 July 2009 DOCKET NUMBER: AR20090004888 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was not provided a complete dental examination and all of the appropriate dental services and treatment that he was authorized within 90 days prior to separation. The applicant's dental records were not a part of the available records for review with this...
ARMY | BCMR | CY2009 | 20090004891
The applicant requests correction of his records to show award of the Army Good Conduct Medal, Iraqi Campaign Medal, Army Achievement Medal, North Atlantic Treaty Organization (NATO) Training Mission Medal, and the Outstanding Volunteer Service Medal; and to have these awards added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). There is insufficient evidence available to determine whether any portion of the applicant's active duty service which he contends...
ARMY | BCMR | CY2009 | 20090004892
On 27 August 2002, a licensed clinical social worker in the state of Georgia stated, in effect, that he consulted with the applicant. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. Therefore, the evidence of record and the applicant's supporting evidence show no reason or justification as to justify correction of a military record.
ARMY | BCMR | CY2009 | 20090004894
The applicant states, in effect, that he served more than 1 year of service, not 5 months and 9 days. Items 24a(1), 24a(3), and 24(b) of his DD Form 214 show he completed 5 months and 9 days. DISCUSSION AND CONCLUSIONS: Evidence of record shows the applicant's total service extended from 1 September 1965 to 17 August 1966 for a period of 11 months and 17 days.
ARMY | BCMR | CY2009 | 20090004898
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank as major (MAJ) instead of captain (CPT), and award of the Meritorious Service Medal, Korea [Defense] Service Medal, Global War on Terrorism Service Medal, and any other awards not listed on his DD Form 214. Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States...
ARMY | BCMR | CY2009 | 20090004899
After completing 11 years, 4 months, and 25 days of net active service this period, the applicant was honorably discharged on 26 January 1995 under the provisions of Army Regulation 635-200, paragraph 16, to accept an appointment as a commissioned officer or warrant officer in the U.S. Army Reserve (USAR). Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation IRAQI FREEDOM (OIF). As a result,...
ARMY | BCMR | CY2009 | 20090004900
c. A copy of a DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)), dated 20 July 2005. d. A copy of her DA Form 71 (Oath of Office-Military Personnel), dated 13 March 2006. e. An NGB Form 337 (Oaths of Office), dated 13 March 2006. f. Orders 126-700, issued by the Joint Forces Headquarters, WIARNG, on 6 May 2006. g. An NGB Form 89 (Proceedings of a Federal Recognition Examining Board), dated 14 June 2005. h. Copies of NGB Special Orders Number 127 AR, dated...
ARMY | BCMR | CY2009 | 20090004902
Application for correction of military records (with supporting documents provided, if any). 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.
ARMY | BCMR | CY2009 | 20090004905
The applicant requests that his undesirable discharge be upgraded to general, under honorable conditions. The applicants military records are not available for review. However, the applicant's DD Form 214 shows he was discharged with an undesirable discharge on 25 August 1971 under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 10, for the good of the service .
ARMY | BCMR | CY2009 | 20090004908
The applicant states, in effect, that the legal review of his investigation indicates there was no evidence to show he failed to perform his duties and that it was impossible to determine liability for the lost equipment. The G-4 advisory opinion further opined the applicant failed to ensure that U.S. Government property entrusted to him by the U.S. Army Dugway Proving Ground was properly used and cared for, that proper custody was provided, or that he provided proper safekeeping, and...
ARMY | BCMR | CY2009 | 20090004910
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Accordingly, the applicant was discharged with a general, under honorable conditions discharge on 8 July 1993 under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance. 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 | 20090004912
Headquarters 173rd Airborne Brigade (Separate), Special Orders Number 116, dated 26 April 1967, show the applicant was awarded the Combat Infantryman Badge while a member of Company B, 2nd Battalion, 503rd Infantry, during his service in the Republic of Vietnam. The applicant's records do not contain orders that show he was awarded a second award of the Combat Infantryman Badge. The evidence of record shows that the applicant held an infantry MOS and was assigned to an infantry battalion...
ARMY | BCMR | CY2009 | 20090004914
The applicant requests correction to her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 18 January 1982. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
ARMY | BCMR | CY2009 | 20090004916
IN THE CASE OF: BOARD DATE: 10 December 2009 DOCKET NUMBER: AR20090004916 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that his records be corrected to show that he was given a waiver of recoupment of tuition and other educational costs under the Health Professions Scholarship Program (HPSP). The applicant explains that in his final year at the Harvard School of Dental Medicine he was determined to be ineligible for continued participation in the HPSP...
ARMY | BCMR | CY2009 | 20090004919
The applicant requests correction of his military records to show that he completed 20 qualifying years of service for a non-regular Army retirement. Item 17 (Remarks) of the applicants DD Form 149 (Application for Correction of Military Records) states the applicant participated in the Voluntary Separation Incentive (VSI) Program and that he has received annual VSI installments of $8271.90 since 1995. The evidence shows the applicant was improperly counseled and denied a waiver to remain...
ARMY | BCMR | CY2009 | 20090004921
The applicant provides: a. Orders D17-8, US Army Physical Disability Agency (USAPDA), Washington, DC, dated 28 January 2000, permanently retiring him with a 100 percent disability; b. DA Form 199, dated 18 January 2000, recommending permanent disability retirement for glaucoma (VA Codes 6013 and 6080); c. DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 26 October 1998, retiring him for temporary disability; d. DD Form 215 (Correction to DD Form 214) adding his...
ARMY | BCMR | CY2009 | 20090004924
The fact that his service subsequent to his tour of duty in Vietnam was less than honorable should not preclude the applicant from receiving the service medals associated with his service in Vietnam. The evidence confirms the applicant served honorably in Vietnam between December 1967 and December 1968 and as such is entitled to the Vietnam Service Medal with one silver service star denoting participation in five designated campaign periods, the Republic of Vietnam Campaign Medal with...
ARMY | BCMR | CY2009 | 20090004926
The DA Form 199 shows the applicant was found physically unfit by reason of chronic mechanical low back pain (VA Code 5295), rated as 10 percent disabling, and recommended he be separated with severance pay. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army PDES and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties...
ARMY | BCMR | CY2009 | 20090004929
Application for correction of military records (with supporting documents provided, if any). The applicant provides a State of New Jersey Burlington County Surrogates Court, Certification of Administrator, dated 29 April 2009; Durable Power of Attorney for [FSM], dated 4 May 2002; Superior Court of New Jersey Judgment for Change of Name, dated 11 March 2005; letter from Doctor Paul S____, D.O., undated; her father's 1999 Certificate of Death; her mother's 2008 Certificate of Death;...
ARMY | BCMR | CY2009 | 20090004931
On 13 July 2004, the separation authority directed that the applicant be discharged with an under other than honorable conditions discharge under the provisions of Army Regulation 635-200 (Personnel Separations Active Duty Enlisted Administrative Separations), chapter 10, by reason of in lieu of trial by court-martial. The DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to him at the time confirms he was discharged under the provisions of Army Regulation 635-200,...
ARMY | BCMR | CY2009 | 20090004932
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. There is no evidence in the applicant's service personnel record which shows that he was wounded or injured a result of hostile action in Iraq. Therefore, there is insufficient evidence on which award the Purple Heart.
ARMY | BCMR | CY2009 | 20090004933
The applicant's records show he was inducted into the Army of the United States on 23 September 1966. The applicant's records do not contain a recommendation and/or orders for award of the Army Commendation Medal. However, the original ABCMR decision advised the applicant that "there are no orders, certificate, or any other evidence available which indicates he was awarded the Army Commendation Medal."
ARMY | BCMR | CY2009 | 20090004936
The applicant requests that he be paid $33,000.00 in Army College Fund (ACF) benefits as outlined in his enlistment contract. The applicants military records may be corrected to show his DA Form 3286-66 was amended to include the sentence, "If ACF benefits in the amount of $33,000.00 (exclusive of MGIB benefits) were authorized by the official processing you for enlistment and the Government fails to pay the full amount under the appropriate provisions and such failure results in...
ARMY | BCMR | CY2009 | 20090004937
IN THE CASE OF: BOARD DATE: 11 AUGUST 2009 DOCKET NUMBER: AR20090004937 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). ___________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 | 20090004939
The applicant requests reconsideration of his earlier request for correction of his military records to show award of the Purple Heart. His request was denied because there is no record of the wound. 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 (ABCMR) in Docket Number AR20080000596, on 22 April 2008.
ARMY | BCMR | CY2009 | 20090004941
The applicant states, in effect, he would like to appeal the decision that removed him from the Retired List because he was receiving medical disability severance pay. The applicant provides the following documents in support of his application: self-authored letter, dated 8 March 2009; United States Army Reserve Personnel Center (ARPERCEN) letter, dated 8 July 1997; DVA letter, dated 6 August 1998; Defense Finance and Accounting Service (DFAS) letters, dated October through December 2008;...
ARMY | BCMR | CY2009 | 20090004943
Title 10, U.S. Code, section 1450(f)(3)(A) permits a former spouse to make a written request that an SBP election of former spouse coverage be deemed to have been made when the former spouse is awarded the SBP annuity incident to a proceeding of divorce. The evidence of record also shows the FSM and the applicant were divorced on 30 May 2000 and their divorce decree did not indicate continued coverage under the SBP as a former spouse. There is also no evidence the FSM notified DFAS within...
ARMY | BCMR | CY2009 | 20090004944
IN THE CASE OF: BOARD DATE: 27 August 2009 DOCKET NUMBER: AR20090004944 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant was discharged from the Army on 20 March 2009. 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 | 20090004945
Application for correction of military records (with supporting documents provided, if any). The DA Form 20 (Enlisted Qualification Record) prepared on the applicant on 5 May 1969, upon his entry on active duty, also lists his SSN using the number 6 as the second digit in item 1 (Name and Service Number). DISCUSSION AND CONCLUSIONS: The applicant's DD Form 4 prepared during his enlistment processing, the DA Form 20 prepared upon his entry on active duty, and all documents on file in his...
ARMY | BCMR | CY2009 | 20090004948
The DD Form 214 issued to the applicant upon his discharge shows he was separated under the provisions of paragraph 14-12c (2), Army Regulation 635-200 (Personnel Separations Enlisted Separations), by reason of misconduct-abuse of illegal drugs. Pertinent Army regulations provide 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. However, the regulation in effect at the time of his...
ARMY | BCMR | CY2009 | 20090004949
There is no evidence in the available records which shows the applicant was wounded a second time, recommended for, or awarded a second Purple Heart. The applicant's name does not appear on the Vietnam Casualty Roster and his service personnel file is void of any evidence that the applicant was wounded a second time. In the absence of evidence that the applicant was wounded or injured as a result of hostile action, there is insufficient evidence upon which to base award of an additional...
ARMY | BCMR | CY2009 | 20090004950
IN THE CASE OF: BOARD DATE: 14 JULY 2009 DOCKET NUMBER: AR20090004950 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests the removal of three duplicate award certificates from his Official Military Personnel File (OMPF). There does not appear to be any duplication of award certificates; the applicant is entitled to all three awards.
ARMY | BCMR | CY2009 | 20090004951
Application for correction of military records (with supporting documents provided, if any). As a result, it would be appropriate to award him the PH and to add this award 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 awarding him the Purple Heart for wounds received in action in the Republic of Vietnam on 4 March 1970; by amending item 24 of his DD Form 214 by adding the...
ARMY | BCMR | CY2009 | 20090004954
Item 1 (Acknowledgement) of his DA Form 3286-59/1 (Statement for Enlistment, U.S. Army Enlistment Option, U.S. Army Delayed Enlistment Program), dated 8 December 1987, shows the entry Upon enlistment in the Regular Army, I will be enlisted under the provisions of Army Regulation 601-210 (Active and Reserve Components Enlistment Program), Option 9-3, U.S. Army Training of Choice Enlistment Option and If enlisting for an Army school course I have been assured of attending the school course...
ARMY | BCMR | CY2009 | 20090004956
Application for correction of military records (with supporting documents provided, if any). He states he did not change his last name until 2004, 14 years after he separated from active duty. This Board action will be filed in the applicants military records; therefore, a record of his name change will be on hand.
ARMY | BCMR | CY2009 | 20090004959
On 8 December 2007, a Judge Advocate (JA) assigned to the 63rd RSC, Los Alamitos, conducted a legal review of the Record of Separation Proceedings pertaining to the applicant and determined the findings, recommendations, and proceedings documented in the Record were legally sufficient in accordance with Army Regulation 135-175 and Army Regulation 15-6 (Procedures for Investigating Officers and Boards of Officers). c. Paragraph 2-17 (Initial actions by area commander) provides, in pertinent...