ARMY | BCMR | CY2009 | 20090000565
Item 7 (Date of Birth) of his DD Form 4 (Enlistment or Reenlistment Agreement-Armed Forces of the United States) shows the entry "9 August 1960." Item 6 (Date of Birth) of the DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows the entry "9 August 1960." 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 | 20090000581
The applicant states that on his DD Form 214, the discharge date 10/23/06 [23 October 2006] shows in the enlistment/entry date field. The evidence of record shows the applicant enlisted on 18 April 2006. Evidence of record shows the applicant was discharged from the Army National Guard and as a reserve of the Army effective 23 October 2006.
ARMY | BCMR | CY2009 | 20090000582
The applicant requests, in effect, correction of his military records to show his date of birth as 13 J****** 1**4 instead of 26 J****** 1**5 and his rank on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 September 1992 changed from master sergeant to first sergeant. All of the applicant's military records show his date of birth as 26 J****** 1**5. There is no evidence of record or independent evidence that suggests the date of birth...
ARMY | BCMR | CY2009 | 20090000583
Although the applicant has not provided copies of the orders awarding him the two BSMs, his official records contain one order awarding him the BSM with one OLC, which in itself indicates that it was his second award of the BSM. Therefore, it would be in the interest of justice to correct his records at this time to reflect his award of the BSM with "V" device and one OLC. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...
ARMY | BCMR | CY2009 | 20090000588
The applicant requests, in effect, that his discharge under other than honorable conditions be upgraded to an honorable discharge. The applicant also acknowledged he understood that if his request for discharge was accepted, he may be discharged under other than honorable conditions and furnished an Under Other Than Honorable Conditions Discharge Certificate. The applicant was discharged accordingly.
ARMY | BCMR | CY2009 | 20090000595
Application for correction of military records (with supporting documents provided, if any). In order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action; that the wound required treatment by medical personnel; and a record of this medical treatment must have been made a matter of official record and accidents not . Item 40 of the applicant's DA Form 20 is blank, which indicates he was never wounded in...
ARMY | BCMR | CY2009 | 20090000596
The applicant requests, in effect, correction of his discharge document to show his correct social security number (SSN). The applicant states, in effect, that the SSN on his discharge document shows the SSN ###-##-7922; however, his SSN is ###-##-7622. The evidence of record also shows the SSN that was recorded on his DD Form 214 and discharge orders was "###-##-7922."
ARMY | BCMR | CY2009 | 20090000597
Application for correction of military records (with supporting documents provided, if any). The applicant states, in effect, that his DD Form 214 does not list the CIB or the unit awards he earned while serving in the Republic of Vietnam (RVN). Service in a combat zone alone does not support award of the CIB.
ARMY | BCMR | CY2009 | 20090000598
Application for correction of military records (with supporting documents provided, if any). In his election, he acknowledged that because he had less than 6 years service, he was not entitled to have his case heard by an administrative separation board unless he was being considered for an under other than honorable conditions (UOTHC) discharge. The separation authority may issue an HD or GD if warranted by the overall record of service; however, a UOTHC discharge is normally considered...
ARMY | BCMR | CY2009 | 20090000599
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all of his overseas service. He had completed 11 months and 27 days of overseas service in Korea. The evidence of record shows that the applicant served in three different overseas locations during his period of active duty service, totaling 4 years, 2 months, and 18 days.
ARMY | BCMR | CY2009 | 20090000601
He acknowledged that he was guilty of the charges or lesser included charges and that, if the request was accepted, he could receive a discharge under other than honorable conditions and be furnished an Under Other Than Honorable Conditions (UOTHC) Discharge Certificate. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. The applicant should be justifiably proud of this period of service, the...
ARMY | BCMR | CY2009 | 20090000603
The applicant requests, in effect, that his undesirable discharge (UD) be upgraded to a general discharge (GD) and that his period of service in Okinawa be included on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The applicant received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) on 17 October 1971 for being absent without leave (AWOL) from 27 September through 11 October 1971. The discharge...
ARMY | BCMR | CY2009 | 20090000605
Application for correction of military records (with supporting documents provided, if any). On 8 May 1972, the separation authority approved the applicant's request for discharge and directed he receive an UD, and the applicant was discharged accordingly on that same date. The record further shows that the applicant voluntarily requested discharge in order to avoid a court-martial that could have resulted in his receiving a punitive discharge, only after he had consulted with legal...
ARMY | BCMR | CY2009 | 20090000606
On 27 May 1981, the applicant was accordingly discharged. The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued at the time of his discharge shows he was discharged for the good of the service in lieu of a court-martial with a character of service of under other than honorable conditions. There is no evidence in the applicants records and the applicant did not provide any evidence that shows he was pending a medical discharge or that his AWOL was caused by...
ARMY | BCMR | CY2009 | 20090000607
Army Regulation 600-8-22 states that the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1954. Army Regulation 600-8-22 also provides, in pertinent part, that the Korea Defense Service Medal 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. Accordingly, it would be...
ARMY | BCMR | CY2009 | 20090000610
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his award of the Combat Infantryman Badge (CIB). While the evidence of record clearly shows the applicant served as an infantryman in SWA in support of Operation Desert Shield/Storm, there is no evidence in his official records to show that he was awarded the CIB. The applicant's contentions have been considered; however, the available evidence is not sufficient to...
ARMY | BCMR | CY2009 | 20090000611
On 20 January 1982, the proper separation authority approved the applicant's discharge under the provisions of chapter 14, Army Regulation 635-200, and directed that he be discharged under other than honorable conditions. The applicant contends that his discharge under other than honorable conditions should be upgraded to an honorable or general discharge. __________XXX_______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army...
ARMY | BCMR | CY2009 | 20090000615
The applicant's military service records are not available to the Board for review. There is no evidence in the applicant's available military service records that shows he was awarded the Purple Heart. It states, in pertinent part, that the Purple Heart is awarded to any member who has been wounded or killed in action.
ARMY | BCMR | CY2009 | 20090000618
Item 31 (Military Qualification and Date) of the applicant's WD AGO Form 53-55 shows he was awarded the Combat Infantryman Badge. The evidence of record also shows that the applicant was assigned to Company F, 276th Infantry Regiment, at the time of his injuries. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge; b. adding award of the...
ARMY | BCMR | CY2009 | 20090000619
On 3 December 1990, the separation authority approved the applicants request for discharge and directed that he be discharged under other than honorable conditions. On 27 October 1995, the Army Discharge Review Board denied the applicant's request for an upgrade of his discharge. 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 | 20090000621
Application for correction of military records (with supporting documents provided, if any). On 8 November 1996, the Army Discharge Review Board, after careful consideration of the applicant's military records and all other available evidence, determined that the applicant was properly and equitably discharged and it voted to deny his request for an upgrade of his discharge. A UOTHC discharge normally is appropriate for a Soldier who is discharged in lieu of trial by court-martial.
ARMY | BCMR | CY2009 | 20090000622
It cannot be determined from the record whether the applicant deployed to Panama with his unit. On 4 January 1990, the applicants commander informed him of his intent to initiate separation action against him under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 14, for misconduct (abuse of illegal drugs). On 26 January 1990, the applicant was discharged with a GD under the provisions of chapter 14, Army Regulation 635-200, by reason of...
ARMY | BCMR | CY2009 | 20090000624
a. Paragraph 7-11 (Determination of qualifications and enlistment grades) provides that ACASP applicants must present valid evidence of completion of required civilian training to enlistment authorities. The evidence of record shows the applicant enlisted in the USAR in the grade of E-4 under the ACASP on 4 November 2006 with an assurance of attending the school course for MOS 68V2O (Respiratory Specialist). The evidence of record shows that the online DA Pamphlet 611-21, printed on 12...
ARMY | BCMR | CY2009 | 20090000626
He claims that prior to his 16 August 1991 REFRAD, he had been issued five other separation documents, which characterized his service as Honorable and that he had continuously served in an active status in either the United States Army Reserve (USAR) or Army National Guard (ARNG), in both a commissioned and enlisted status, from 9 November 1976 through his placement on the Retired List on 7 July 1994, with no break in service. The DD Form 214 he was issued for this period of active duty...
ARMY | BCMR | CY2009 | 20090000628
When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. However, since his record of service included one general court-martial conviction for serious drug offenses and 210 days of lost time, his record of service was not satisfactory and did not meet the standards of acceptable conduct and performance of duty for Army personnel. Therefore, the applicant's record of service is insufficiently...
ARMY | BCMR | CY2009 | 20090000631
Application for correction of military records (with supporting documents provided, if any). The applicant, as the widow of a deceased former service member (FSM), requests, in effect, that the FSM be issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) removing him from the Temporary Disability Retired List (TDRL), effective 4 May 1990 2. Since the governing regulation states that a DD Form 214 will not be prepared for members being removed from the TDRL, there is...
ARMY | BCMR | CY2009 | 20090000634
The applicant requests that his undesirable discharge be upgraded to either a general discharge 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. _______ _ X _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings...
ARMY | BCMR | CY2009 | 20090000636
Further, the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat. This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS) and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. All Soldiers...
ARMY | BCMR | CY2009 | 20090000639
He also provides orders, dated 18 May 1987, which awarded him the Legion of Merit. In the previous ABCMR proceedings, the applicant's request to have his military records corrected to show the award of the Legion of Merit was denied primarily because there were no orders available awarding him the Legion of Merit. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Legion of Merit is awarded to individuals who distinguish themselves by exceptionally meritorious...
ARMY | BCMR | CY2009 | 20090000647
In 2006, the VA rated his disability, post-traumatic stress disorder, at 100-percent disabling. Counsel states, in effect, that the applicant's discharge should be changed from medically separated with severance pay to retirement with permanent disability. The fact that the VA increased his disability rating for post-traumatic stress disorder from 50 percent to 100 percent 5 years after the applicant was discharged from the TDRL does not show that his rating by the Army was in error.
ARMY | BCMR | CY2009 | 20090000652
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that the fourth digit in item 3 (Social Security Number) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected. _______ _ 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 | 20090000653
Application for correction of military records (with supporting documents provided, if any). In the absence of orders or other evidence of record showing that the applicant was injured or treated for wounds as a result of hostile action in Vietnam, the December 1968 letters and the documentation from the 35th Infantry Regiment Association provided by the applicant are not sufficient as a basis for award of the Purple Heart. Regrettably, there is insufficient evidence on which to base award...
ARMY | BCMR | CY2009 | 20090000658
Records show the applicant was 21 years of age at the time of his enlistment. The applicants DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he entered active duty on 18 April 1984 and was discharged on 14 August 1985 with a general (under honorable conditions) discharge, under the provisions of Army Regulation 635-200 chapter 13, based on unsatisfactory performance. There is no evidence the applicant applied to the Army Discharge Review Board for upgrade of his...
ARMY | BCMR | CY2009 | 20090000659
The applicant states, in effect, that he was not counseled or told to fight the Article 15. At the conclusion of the meeting with his battalion commander when the applicant was advised of his rights, he was given 48 hours to consult with counsel and then decide whether to face trial by court-martial or accept non-judicial punishment. The evidence shows the applicant appealed the punishment that was imposed on him.
ARMY | BCMR | CY2009 | 20090000664
Application for correction of military records (with supporting documents provided, if any). The applicant's military service records do not contain orders for the award of the Army Good Conduct Medal. Army Regulation 672-5-1 (Military 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.
ARMY | BCMR | CY2009 | 20090000669
On 7 April 2005, the appropriate authority approved the applicant's request for discharge in lieu of trial by court-martial, directed that the applicant be reduced to private/pay grade E-1, that he be discharged under other than honorable conditions, and that he not be transferred to the Individual Ready Reserve. On 7 June 2006, the Army Discharge Review Board (ADRB) denied the applicant's request to upgrade his discharge. While the Board acknowledges the applicant's statement that he is...
ARMY | BCMR | CY2009 | 20090000671
The applicant requests removal of a three different sets of orders awarding him the Parachutist Badge from his Official Military Personnel File (OMPF). The applicant provides, in support of his request, copies of Permanent Orders 225-240 and 225-241, dated 12 August 1996; and Permanent Orders 232-245, dated 19 August 1996, all issued by Headquarters, U.S. Army Infantry Center, Fort Benning, Georgia. The applicant's OMPF includes a copy of Permanent Orders 225-240 and 225-241, dated 12...
ARMY | BCMR | CY2009 | 20090000672
Application for correction of military records (with supporting documents provided, if any). On 31 March 2005, the applicant was honorably released from active duty and was returned to the Army National Guard. In addition, evidence of record shows the applicant subsequently successfully served in the Army National Guard for almost 3 years prior to requesting resignation and, as a result, he was honorably discharged.
ARMY | BCMR | CY2009 | 20090000673
This memorandum shows that the Recruiting Company Commander submitted a request for approval of a reentry waiver for the applicant in order for him to be eligible to enlist in the Army. Further, the applicant's discharge reflects his overall record of military service. Paragraph 4-13 of Army Regulation 601-210 provides that individuals separated under this provision may submit a reentry code waiver request to the appropriate approval authority once a 24-month waiting period has elapsed...
ARMY | BCMR | CY2009 | 20090000676
The applicants available military personnel records are absent orders or any evidence to show he was awarded the Meritorious Service Medal. Therefore, based on the available evidence, no action is required by the Board to correct the FSMs records to show these awards and decorations. There are no orders or other evidence in the FSMs available military personnel records that show the FSM was awarded the Meritorious Service Medal.
ARMY | BCMR | CY2009 | 20090000677
Except as provided in paragraph 312 of this regulation, a Soldier placed on excess leave without pay pending completion of appellate review may be discharged without returning to a military installation when the sentence is affirmed. Chapter 5 of Army Regulation 600-8-10 states, in pertinent part, that the general court- martial authority may direct an involuntary excess leave if a Soldier is sentenced by court-martial to dismissal or a punitive discharge, or the discharge or dismissal is...
ARMY | BCMR | CY2009 | 20090000683
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect that the last four digits of his social security number (SSN) is 5456 and that he was awarded the Silver Star. The applicant states that the last four digits of his SSN on his DD Form 214 are incorrect and that his award of the Silver Star is not reflected on that form. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2009 | 20090000684
Application for correction of military records (with supporting documents provided, if any). Although an UOTHC discharge is normally appropriate for a Soldier discharged under this chapter, the separation authority may issue a GD under honorable conditions discharge or HD if warranted by the member's overall record of service. His record documents no acts of valor, significant achievement, or service warranting special recognition and given his extensive disciplinary history, it is clear...
ARMY | BCMR | CY2009 | 20090000686
The VA, however, is not required by law to determine medical unfitness for further military service. It further confirms that the applicant was only discharged under the TDP after he had received treatment for his preexisting medical conditions and had undergone a comprehensive separation medical examination, which resulted in his being cleared for separation by competent medical authority. The medical evidence of record and the independent medical evidence provided by the applicant fail...
ARMY | BCMR | CY2009 | 20090000691
Application for correction of military records (with supporting documents provided, if any). 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 the proceedings of the Army Board for Correction of Military Records in...
ARMY | BCMR | CY2009 | 20090000692
The applicant requests an upgrade of his discharge from general to honorable. His records do not show any achievements and/or significant accomplishments during his military service. On 22 February 1991, the separation authority approved the applicants discharge under the provisions of chapter 14 of Army Regulation 635-200 by reason of misconduct, commission of a serious offense (illegal drugs) and directed the applicant be furnished a General Discharge Certificate.
ARMY | BCMR | CY2009 | 20090000700
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. 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. Inasmuch as the applicant has failed to show through the evidence submitted or the evidence of record that the RE code issued to him at the time of his separation was in error or unjust, there appears to be no basis to grant his requested relief.
ARMY | BCMR | CY2009 | 20090000701
On 14 March 1984, the applicant was honorably released from active duty under the provisions of Army Regulation 635-200 (Personnel Separations) for unsatisfactory performance. The regulation, in effect at the time, stated the reason for discharge based on separation code "LHJ" is "Unsatisfactory Performance" and the regulatory authority is Army Regulation 635-200, chapter 13. The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the...
ARMY | BCMR | CY2009 | 20090000702
This order shows the applicant was arraigned and tried before a general court-martial and documents the following charges, pleas, and findings: a. On 22 October 1991, the U.S. Army Court of Military Review on consideration of the entire record, including consideration of the issue personally specified by the applicant, affirmed the findings of guilty and the sentence as approved by the convening authority as correct in law and fact. The DD Form 214 also shows the authority for the...
ARMY | BCMR | CY2009 | 20090000703
The applicant requests, in two separate applications, that he be awarded the Combat Infantryman Badge and the Army Commendation Medal for meritorious service while in Baghdad, Iraq. A review of the available records does not show that orders were ever published awarding the applicant the Army Commendation Medal or the Combat Infantryman Badge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Combat...