ARMY | BCMR | CY2009 | 20090005420
The PH and BSM with "V" Device are not included in the list of awards contained in item 24 and there is no indication the applicant pursued award of the PH or BSM with "V" Device at any time prior to his separation from active duty. Further, there are no medical treatment records on file that show he was ever treated for a combat-related wound or injury while he was serving on active duty. Therefore, it would not be appropriate award the applicant the PH at this time.
ARMY | BCMR | CY2009 | 20090005422
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Kuwait and all of the awards and decorations that he earned during his participation in Operations Desert Shield/Desert Storm to include the Combat Action Badge/Ribbon. Army Regulation 600-8-22 also states that award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined. The available evidence of record shows that the...
ARMY | BCMR | CY2009 | 20090005424
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to add the Iraq Service Medal (assumed to be the Iraq Campaign Medal, or ICM), Global War on Terrorism Service Medal (GWOTSM), Global War on Terrorism Expeditionary Medal (GWOTEM), Combat Action Badge (CAB), Combat Medical Badge (CMB). The applicant served on active duty during a time which entitled him to the GWOTSM. Since there is no evidence that he was personally present and...
ARMY | BCMR | CY2009 | 20090005425
IN THE CASE OF: BOARD DATE: 13 August 2009 DOCKET NUMBER: AR20090005425 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 physical disability retirement vice discharge. The applicant served in Iraq from 9 August 2005 through 11 December 2005.
ARMY | BCMR | CY2009 | 20090005429
White phosphorus results in painful chemical burn injuries. If Soldiers are hit by pieces of white phosphorus, it could burn right down to the bone. In this case, the applicants name is not shown on the Vietnam casualty roster; his DA Form 20 does not indicate any combat wounds; his record is void of any orders that show he was awarded the Purple Heart; and his available medical records do not indicate he was wounded and/or injured as a result of hostile action.
ARMY | BCMR | CY2009 | 20090005431
The applicant's record shows he was inducted into the Army of the United States on 19 January 1967. Army Regulation 672-5-1, in effect at the time, provides that the AGCM is awarded to individuals who have completed a qualified period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the AGCM for his qualifying period of honorable active duty service from 19 January 1967...
ARMY | BCMR | CY2009 | 20090005433
The applicant states that the fact that he was awarded four awards of the Bronze Star Medal is one reason to upgrade his 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. Although an honorable or general discharge is authorized, an under other than honorable conditions discharge...
ARMY | BCMR | CY2009 | 20090005435
The applicant's military records are not available to the Board for review. Therefore, it would be appropriate to award the applicant the PH and to add it to his 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 being wounded in action in Korea on 4 July 1952; amending item 27 of his DD Form 214 by adding the Purple Heart, National Defense Service Medal, and the...
ARMY | BCMR | CY2009 | 20090005440
However, the Report of Proceedings by a Board of Officers contained in his record shows that a board was convened on 18 March 1953 to determine whether or not the applicant should be discharged under the provisions of Army Regulation 615-368. This regulation further provided that when an individual was discharged for unfitness they would be issued an Undesirable Discharge Certificate. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for...
ARMY | BCMR | CY2009 | 20090005441
On 12 December 2007, the Army Discharge Review Board denied the applicant's request for an upgrade of his discharge. 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.
ARMY | BCMR | CY2009 | 20090005442
A DA Form 3286-60/1 (Statement for Enlistment), dated 23 May 1989, shows the applicant selected the enlistment MOS choice option with U.S. Army Airborne training. On 28 September 1990, the applicant was discharged from active duty and he was issued an UOTHC Discharge Certificate based on the provisions of chapter 10 of Army Regulation 635-200 by reason of for the good of the service in lieu of court-martial. There is no evidence showing that the applicant applied to the Army Discharge...
ARMY | BCMR | CY2009 | 20090005444
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he completed airborne school. Item 14 (Military Education) of the applicant's DD Form 214 does not show he completed airborne training. ___________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 | 20090005445
The applicant requests, in effect, that the home of record (HOR) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 25 May 2009 be changed from Fort Bragg, North Carolina (NC) to Pittsburgh, Pennsylvania (PA). His DD Form 214 for that period of service shows his HOR as Pittsburgh, PA. 2. The applicants orders appointing him as a second lieutenant and his Officer Record Brief are accepted as sufficient evidence to show that Pittsburgh, PA is...
ARMY | BCMR | CY2009 | 20090005448
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 $32,400.00 (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 $32,400.00 over the amount of the MGIB benefits, the Army may pay said benefits in...
ARMY | BCMR | CY2009 | 20090005449
The applicant requests his reentry eligibility (RE) code be changed from RE-4 to RE-3 so he may reenter military service. On 24 February 2005, the applicant was accordingly discharged. The "JKK" SPD code is the correct code for Soldiers separating under chapter 14-12(c) of Army Regulation 635-200 by reason of misconduct.
ARMY | BCMR | CY2009 | 20090005450
The applicant requests, in effect, that the records of her late husband, a former service member (FSM), be corrected to show he elected to participate in the Survivor Benefit Plan (SBP) within a year of his marriage to the applicant. Title 10, U.S. Code, section 1448(a)(5) provides that a person who is not married and has no dependent child upon becoming eligible to participate in the SBP, but who later marries or acquires a dependent child, may elect to participate in the SBP. Since the...
ARMY | BCMR | CY2009 | 20090005451
The applicant provides his DD Form 214 in support of his application. The applicant's record shows that on 6 December 1990 while serving in the United States Army Reserves (USAR) he was ordered to active duty in support of Operation Desert Shield/Storm. Therefore, it would be appropriate to add these awards to his record and DD Form 214 at this time.
ARMY | BCMR | CY2009 | 20090005453
Memorandum, dated 17 March 2009, from the Regimental Adjutant, Fort Campbell; c. Memorandum, dated 17 December 2008, from the Commanding Officer, 4th Battalion, 160th Special Operations Regiment, U.S. Army Special Operations Command; d. Letter, undated, addressed to the Joint Personal Property Shipping Office, Customer Service Division Chief; e. U.S. Army Human Resources Command, Assignment Instructions, dated 25 November 2008; f. PCS orders to Fort Campbell, dated 2 December 2008; g....
ARMY | BCMR | CY2009 | 20090005454
The advisory official gave a brief history of the applicant's medical condition regarding her tibial plateau fracture and information from the MEBD, informal PEB, and formal PEB proceedings. Army Regulation 635-40 establishes the Army physical disability evaluation system 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 of his office, grade, rank, or rating. The...
ARMY | BCMR | CY2009 | 20090005456
By regulation, in order to support award of the Combat Infantryman Badge, 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. Records show the applicant was awarded the Vietnam Service Medal and he participated in one campaign while serving in the Republic of Vietnam. ...
ARMY | BCMR | CY2009 | 20090005457
The FSM had a total of 19 years, 9 months, and 2 days of creditable service for non-regular retired pay; however, he had only 3 years of creditable Reserve component service [the NGB advisory opinion states 3 years, 11 months, and 9 days from 24 January 1995 through 1 January 1999 however, only 3 years were actually creditable]. Unfortunately, the GAARNG only transferred the applicant to the Retired Reserve; they did not actually process him for early retirement under the provisions of...
ARMY | BCMR | CY2009 | 20090005458
The applicant requests restoration of her original date of rank (DOR) as an Ordnance Corps captain. The applicant, a U.S. Army Reserve (USAR) Ordnance Corps officer, was promoted to captain with a DOR of 23 May 1996. In view of the foregoing findings and conclusions, there is no basis for granting the applicant's requested relief.
ARMY | BCMR | CY2009 | 20090005461
The applicant states there was a push to control failures of the Noncommissioned Officer Education System (NCOES) candidates by requiring Soldiers to pass the Army physical fitness test (APFT) at the unit. Army Regulation 600-8-19 (Enlisted Promotions and Reductions), in effect at the time, stated that effective 1 October 1993, the Army linked NCOES to promotion to SSG, SFC, master sergeant (MSG) and sergeant major (SGM). The applicant accepted the promotion with the condition and...
ARMY | BCMR | CY2009 | 20090005462
She further states that she has found two cases considered by the Army Board for Correction of Military Records where individuals were disadvantaged due to administrative errors that were through no fault of their own and were granted the same kind of relief she is seeking. In the processing of this case a staff advisory opinion was obtained from HRC-ALEX Active Components Promotions Branch which opined that the applicant entered active duty on 28 June 2007 and was not eligible for...
ARMY | BCMR | CY2009 | 20090005464
IN THE CASE OF: BOARD DATE: 9 September 2009 DOCKET NUMBER: AR20090005464 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The evidence of record shows the applicant was issued DD Forms 214 which confirm he served honorably from 16 September 1969 to 1 September 1971 and from 20 December 1973 to 31 January 1996. The applicant's DD Form 214 for the period ending 31 January 1996 properly reflects the date he entered active duty as 30 July 1979 in item 12a, the date of the first day of the last...
ARMY | BCMR | CY2009 | 20090005465
The SFK SPD is the correct code for Soldiers separating under paragraph 4-24b(2) of Army Regulation 635-40 for temporary disability. The SPD code of SFK was the appropriate code for the applicant based on the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of paragraph 4-24b(2) of Army Regulation 635-40. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL...
ARMY | BCMR | CY2009 | 20090005470
Evidence of record shows the applicant's secret clearance was revoked on 4 December 2006 and reinstated on 21 July 2008. Although the applicant requests that his DOR for first lieutenant be adjusted to July 2007, in accordance with the governing regulation, it would be equitable to correct his military records to show his effective date of promotion to first lieutenant is 21 July 2008 with a DOR of 21 July 2008. As a result, the Board recommends that the State Army National Guard records...
ARMY | BCMR | CY2009 | 20090005472
On 19 August 2005, the Army Discharge Review Board (ADRB) granted the applicant relief as he was enrolled in the post Army Substance Abuse Program and the chain of command used a positive urinalysis during his enrollment period to initiate separation action which violated the applicants confidentiality. Army Regulation 635-200 states, in pertinent part, that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason...
ARMY | BCMR | CY2009 | 20090005474
The applicant requests that his bad conduct discharge be upgraded to an honorable discharge and his Reentry (RE) Code upgraded to RE-1. Through his exemplary service, these authors state that the applicant would be an honorable asset to the U.S. Army and, in effect, recommend that his characterization of service be upgraded so he can reenter the Army. As there is insufficient evidence to upgrade the applicant's discharge, there is no evidence to support upgrading the applicant's RE code.
ARMY | BCMR | CY2009 | 20090005477
However, there is no evidence of record or independent evidence that suggests the name recorded in his military records exhibits a material error or injustice. The evidence of record shows that the applicant enlisted, served, and was REFRAD under the name of "H--- N----- D---" and it was not until after his REFRAD that he had his name legally changed. Accordingly, his DD Form 214 correctly reflects his legal name as it existed on the date of his REFRAD and there is no basis to change his...
ARMY | BCMR | CY2009 | 20090005478
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. As such, there is insufficient evidence in which to award the applicant the Purple Heart. ____________X_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...
ARMY | BCMR | CY2009 | 20090005481
The applicant contends that the records of her former spouse, a FSM, should be corrected to show that he changed his SBP coverage from "spouse" to "former spouse" coverage at the time of their divorce and that she is the sole beneficiary of his SBP annuity. The evidence of record shows that prior to his retirement in 1991, the FSM elected full SBP spouse and children coverage. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2009 | 20090005482
He states that he will do anything necessary to have his RE code changed from an RE-4 to an RE-3 so that he can reenlist in the Army. On 26 June 2008, the separation authority approved the applicant's request for discharge in lieu of trial by court-martial and directed the applicant be furnished an UOTHC discharge, and on 18 July 2008, the applicant was discharged accordingly. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
ARMY | BCMR | CY2009 | 20090005485
Application for correction of military records (with supporting documents provided, if any). The Vietnam Casualty Listing was reviewed to determine if the applicant had been wounded in action while he served in Vietnam. Regrettably, based on the evidence in this case there is insufficient evidence on which to base award of the Purple Heart to the applicant or to have the Purple Heart added to his DD Form 214.
ARMY | BCMR | CY2009 | 20090005486
The applicant, at 17 years and 1 month of age, enlisted in the Regular Army on 1 April 1964 for 3 years. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. There is no available evidence showing that his breaking restriction and being AWOL was due to any "excessive authority" over him.
ARMY | BCMR | CY2009 | 20090005487
IN THE CASE OF: BOARD DATE: 1 September 2009 DOCKET NUMBER: AR20090005487 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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. Therefore, the applicant's record of service is insufficiently meritorious to warrant upgrading his discharge.
ARMY | BCMR | CY2009 | 20090005488
On 26 March 1982, the applicant was referred to the Alcohol and Drug Abuses Prevention and Control Program (ADAPCP). On 4 August 1982, the applicant was discharged under the provisions of chapter 9 of Army Regulation 635-200 by reason of drug abuse (exemption policy) rehabilitation failure. There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations.
ARMY | BCMR | CY2009 | 20090005490
The applicant requests correction of his records to show the "Vietnam Gallantry, Vietnam Civil Actions, and Commendation Medals." Since the DD Form 215 shows the Republic of Vietnam Gallantry Cross with Palm Unit Citation, this portion of the applicant's request will not be discussed further in these proceedings. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Republic of Vietnam Civil Actions Honor Medal...
ARMY | BCMR | CY2009 | 20090005491
The applicant requests correction of his records to reflect he received a medical discharge and not a discharge for the convenience of the government. The applicant states all his records now show he received a discharge for the convenience of the government but his original records state "Medical Discharge." The applicant voluntarily requested to be discharged from the service under the provisions of Army Regulation 635-200, chapter 5, paragraph 9, for the convenience of the government...
ARMY | BCMR | CY2009 | 20090005492
The applicant states, in effect, that he was granted a clemency discharge, but he has yet to see it reflected on a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. The evidence of record shows that the applicant served on active duty using a date of birth of 7 April 1949.
ARMY | BCMR | CY2009 | 20090005494
On 18 November 1979, the separation authority approved the applicants request for discharge and directed that he receive an under other than honorable conditions discharge. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may, submit a request for discharge for the good of the service in lieu of trial by court-martial. The applicants record shows he was...
ARMY | BCMR | CY2009 | 20090005495
The applicant requests that his award of the Army Commendation Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 23 December 1968. On 11 February 2008, the applicant was issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) that added three awards to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2009 | 20090005496
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 20 October 2002, the applicant was counseled for conduct unbecoming a Soldier. At the time his DD Form 214 was prepared, the applicant had declared that he was bisexual and in accordance with the applicable regulation, his DD Form 214 was prepared to reflect his service, as it existed on the date of his discharge.
ARMY | BCMR | CY2009 | 20090005499
Army Regulation 600-8-22 states 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. The applicant served a period of qualifying service for award of the National Defense Service Medal and the Korea Defense Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2009 | 20090005501
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service. Since HFP/IDP is paid for the whole month regardless of the date the Soldier arrives in the HFP/IDP designated area and since his pay records show that he received HFP/IDP from September 2007 to January 2008, the applicant's period of service in Qatar is consistent with his pay records at DFAS. Therefore, there is sufficient evidence to show he served in...
ARMY | BCMR | CY2009 | 20090005502
This regulation provides that the KDSM is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. Evidence shows the applicant served on active duty in the Republic of Korea during a designated period of time to qualify for award of the AFEM. Records show the applicant participated in four campaigns while serving in the Republic of Vietnam.
ARMY | BCMR | CY2009 | 20090005505
The applicant requests an upgrade of his under other than honorable conditions discharge to a fully honorable discharge. In his request for discharge, the applicant indicated 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 he was issued at the time shows he was discharged for the good...
ARMY | BCMR | CY2009 | 20090005507
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) and the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU). The applicant's military records show he enlisted in the Minnesota Army National Guard on 2 November 1981.
ARMY | BCMR | CY2009 | 20090005510
BOARD DATE: 20 August 2009 DOCKET NUMBER: AR20090005510 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his records to show his correct social security number (SSN). The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct SSN, will be filed in his Official Military Personnel File (OMPF).
ARMY | BCMR | CY2009 | 20090005511
IN THE CASE OF: BOARD DATE: 18 AUGUST 2009 DOCKET NUMBER: AR20090005511 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of block number 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that he served in support of Operation Iraqi Freedom from 6 September 2003 through 15 September 2004. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending...