ARMY | BCMR | CY2009 | 20090005607
The applicant states that he should have been awarded the BSM when he was awarded the Combat Infantryman Badge (CIB). DISCUSSION AND CONCLUSIONS: Evidence of record shows that the applicant served a qualifying period of service for award of the BSM based upon award of the CIB. _______ _ 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 | 20090005609
Therefore, he served a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960) and the Vietnam Service Medal and is entitled to correction of his records to show these awards. Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and...
ARMY | BCMR | CY2009 | 20090005617
It shows he was administratively discharged on 10 February 1994 under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations Enlisted Personnel), by reason of in lieu of trial by court-martial. Although an honorable or a general, under honorable conditions discharge is authorized, a discharge UOTHC is normally considered appropriate. A characterization of under honorable conditions may be issued only when the reason for the Soldiers separation specifically allows...
ARMY | BCMR | CY2009 | 20090005619
She states she was more than willing to take another Pap smear after the administrative board was completed because she had been medically and educationally counseled as to what a Pap smear was and what it entailed. A Minority Report from a member of the board, dated 23 March 2007, addressed to the separation authority stated that based on the facts and evidence in the case the applicant should not be separated. The discharge authority stated that he determined the applicant did not...
ARMY | BCMR | CY2009 | 20090005620
The applicant requests, in effect, that the Officer Evaluation Report (OER) covering the period 13 July 2007 through 25 April 2008 [hereafter referred to as the contested report], received while serving in the rank of chief warrant officer two, be removed from his Official Military Personnel File (OMPF). Part IIe (Signature of Rated Officer) of the contested report shows the applicant authenticated the report on 21 April 2008. There is no evidence in the available records which indicate...
ARMY | BCMR | CY2009 | 20090005621
Application for correction of military records (with supporting documents provided, if any). The DD Form 214 he was issued at the time shows he was discharged under the provisions of chapter 3, Army Regulation 635-200 (Personnel Separations Enlisted Personnel), as a result of a court-martial and that he received a BCD. The evidence of record confirms the applicant's court-martial was properly conducted and that the BCD portion of his sentence was only executed after completion of the...
ARMY | BCMR | CY2009 | 20090005622
Application for correction of military records (with supporting documents provided, if any). The applicant requests that a General Officer Memorandum of Reprimand (GOMOR), dated 14 March 2008, be removed from his Official Military Personnel File (OMPF). The applicant's ex-spouse provided a letter of support, dated 13 February 2009, indicating that it was never her intent to have her ex-husband discharged out of the Army when she initially brought these issues to the command's attention and...
ARMY | BCMR | CY2009 | 20090005623
The applicant requests that his general discharge be upgraded to honorable. Accordingly, the applicant was discharged with a general discharge on 31 January 1990 under the provisions of Army Regulation 635-200, paragraph 14-12b, for misconduct (pattern of misconduct). Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel from active duty.
ARMY | BCMR | CY2009 | 20090005624
BOARD DATE: 13 August 2009 DOCKET NUMBER: AR20090005624 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. DISCUSSION AND CONCLUSIONS: Evidence of record shows that at the time the applicant was assigned to the 11th Aviation Company it was awarded of the Presidential Unit Citation. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show award of the Presidential Unit Citation, the Valorous Unit...
ARMY | BCMR | CY2009 | 20090005625
IN THE CASE OF: BOARD DATE: 4 June 2009 DOCKET NUMBER: AR20090005625 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant contends that by the Army assigning him to a unit and mobilizing him, the Army has, in effect, constructively waived his non-selection to CPT and that the Army Board for Correction of Military Records (ABCMR) should delete his 1996 non-selection for promotion to CPT so that he may attend the JAGC officer basic course. However, the evidence of record shows that...
ARMY | BCMR | CY2009 | 20090005627
The applicant requests, in effect, complete removal of the DA Form 67-9 (Officer Evaluation Report (OER)) covering the rating period from 16 September 2003 through 27 January 2004 (hereafter referred to as the contested OER) from his Official Military Personnel File (OMPF). The applicant states that the contested OER contains administrative and substantive errors, specifically as follows: a. the senior rater's adverse comment in the narrative to recommend an unfavorable personnel action in...
ARMY | BCMR | CY2009 | 20090005631
The applicant requests, in effect, that his under other than honorable conditions (UOTHC) discharge be changed to a medical discharge; and that awards he is eligible for based on his service in Southwest Asia (SWA) in support of Operation Desert Shield/Storm be added to his record. The DD Form 214 he was issued shows he was administratively separated under the provisions of Chapter 10, Army Regulation 635-200 (Personnel Separations Enlisted Personnel), in lieu of trial by court-martial...
ARMY | BCMR | CY2009 | 20090005633
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that the zip code entered in item 19 (Nearest Relative) of his 1 August 1997 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected. The applicant provides his DD Form 214 in support of his application.
ARMY | BCMR | CY2009 | 20090005634
In his request for discharge, the applicant indicated that he understood that by requesting discharge, he was admitting guilt to the charges against him, or of a lesser included offense, that also authorized the imposition of a bad conduct discharge or a discharge under other honorable conditions. The DD Form 214 he was issued shows he was discharged for the good of the service - in lieu of a court-martial with a character of service of under other than honorable conditions. If the medical...
ARMY | BCMR | CY2009 | 20090005635
The applicant requests that he be paid $47,000.00 in Army College Fund (ACF) benefits as outlined in his enlistment contract. The applicants military records may be corrected to show his Statement for Enlistment, U. S. Army Enlistment Program was amended to include the sentence, "If ACF benefits in the amount of $47,000.00 (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...
ARMY | BCMR | CY2009 | 20090005636
However, the applicant provided documentation which shows he received medical treatment on two occasions for injuries sustained as a result of physical altercations while in confinement. Since there is no evidence of record to show the applicant was ever medically unfit to perform his duties, there is no basis for granting his request for a medical discharge. Evidence of record shows the applicant suffered LOD injuries on 15 October 2006 and on 24 December 2006 while in confinement.
ARMY | BCMR | CY2009 | 20090005641
The applicant requests that he be issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 11 February 2003 through 29 October 2003. Records available to the Board indicate the applicant enlisted in the United States Army Reserve (USAR) for a period of 8 years on 9 May 2000. That same regulation states that USAR Soldiers mobilized under sections 12301(a), 12302, or 12304, title 10, U.S. Code, regardless of length of mobilization, will receive a DD Form 214...
ARMY | BCMR | CY2009 | 20090005643
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant had completed 2 years, 1 month, and 17 days of creditable service with 8 days time lost. The applicant states that he served faithfully as a Soldier during his time in the military except for the last few months.
ARMY | BCMR | CY2009 | 20090005648
Therefore, he served a qualifying period of service for award of the Iraq Campaign Medal and he is entitled to correction of his records to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Iraq Campaign Medal with two bronze service stars to the applicants DD Form 214. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the...
ARMY | BCMR | CY2009 | 20090005653
The applicant requests, in effect, correction to Item 29 (Record of Current Service) of his Soldier's Qualification Card. Counsel requests, in effect, amendment to the applicant's Soldier's Qualification Card to show he served as a combat infantry rifleman and not as a cook during the dates of 6 October 1950, 1 January 1951, 7 April 1951, and 9 October 1951. There is no evidence of record to show he completed training, was awarded an infantry MOS, and served as a combat infantry rifleman...
ARMY | BCMR | CY2009 | 20090005654
IN THE CASE OF: BOARD DATE: 13 AUGUST 2009 DOCKET NUMBER: AR20090005654 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his second period of service in Iraq, as shown in Item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), be corrected from 20060831- 20070830 to 20060831-200801. Therefore, it would be appropriate to now correct his records to reflect the actual dates he served in Iraq.
ARMY | BCMR | CY2009 | 20090005656
She also requests that her dates of service in Southwest Asia be shown on her DD Form 214. The available evidence is also sufficient to support correcting the applicants DD Form 214 to show she was awarded the Armed Forces Expeditionary Medal for her service in Southwest Asia. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding the Army Achievement Medal and the Armed Forces Expeditionary Medal to her DD Form...
ARMY | BCMR | CY2009 | 20090005657
When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. The applicant was 22 years old when he initially enlisted in the Regular Army and he was 33 years old when he committed the special court-martial offenses. Therefore, the applicant's record of service is insufficiently meritorious to warrant a general discharge or an honorable discharge.
ARMY | BCMR | CY2009 | 20090005658
Application for correction of military records (with supporting documents provided, if any). While the applicant states that he only went AWOL after being told he was going to be used for crowd control in the United States and he had seen enough killing in Vietnam, his records show that his first period of AWOL happened prior to his assignment to Vietnam. However, this decoration and the applicant's post-service conduct are insufficient to warrant upgrading a properly-issued discharge...
ARMY | BCMR | CY2009 | 20090005659
The applicant requests that his dishonorable discharge (DD) be upgraded to a general under honorable conditions discharge (GD). The applicant's records show he enlisted in the Regular Army and entered active duty on 12 April 1988. The DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to the applicant on the date of his discharge shows he was separated with a DD under the provisions of paragraph 3-11, Army Regulation 635-200 (Personnel Separations), as a result of...
ARMY | BCMR | CY2009 | 20090005660
The applicant requests the records of his deceased father, a former service member (FSM), be corrected to show award of the Combat Infantryman Badge. The WD AGO Form 53-55 also shows that at the time of his separation the FSM was assigned to Company D, 309th Infantry. The applicant's contention that the records of his deceased father should be corrected to show award of the Combat Infantryman Badge and the evidence he provided was carefully considered; however, there is insufficient...
ARMY | BCMR | CY2009 | 20090005661
On 16 February 1968, the separation authority approved the applicant's discharge under the provisions of Army Regulation 635-206, for Civil Conviction, with an undesirable discharge. The evidence of record shows that the applicant was recommended for discharge with an undesirable discharge by reason of civil conviction. The evidence of record also shows the applicant was in civil confinement during the processing of his separation as he had been sentenced to 5 years and was confined at a...
ARMY | BCMR | CY2009 | 20090005664
However, there is no evidence available which verifies the applicant held the rank of CPL while he was in the ERC. Therefore, there is an insufficient basis in which to correct his Honorable Discharge Certificate for his period of service in the ERC to show his rank as CPL. ___________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 | 20090005665
Paragraph 2-13 of the awards regulation contains guidance on award of the VSM and states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN. The evidence of record is void of any entries or documents that indicate the applicant was ever wounded in action or treated for a combat related wound or injury by military medical personnel, or that he was ever awarded the PH by proper...
ARMY | BCMR | CY2009 | 20090005667
Application for correction of military records (with supporting documents provided, if any). The applicant states he was wounded in Vietnam on 21 July 1970 and was not awarded a Purple Heart. While the letter to his family provided by the applicant indicates he received a piece of shrapnel, there is no evidence in the applicant's service personnel records nor any corroborating evidence which shows that he was wounded or injured as a result of hostile action or was recommended for or...
ARMY | BCMR | CY2009 | 20090005670
Application for correction of military records (with supporting documents provided, if any). By regulation, the deployed service of an active duty Soldier should be documented with an entry in Item 18 of the DD Form 214. In this case, the entry "SERVICE IN KUWAIT FROM 20020212-20020811" should be added to Item 18 of the applicant's DD Form 214 to document his service in Kuwait in support of Operation Desert Spring 02-02.
ARMY | BCMR | CY2009 | 20090005671
On 2 February 1970, the separation authority approved the applicants discharge under the provisions of Army Regulation 635-212 by reason of unfitness and directed the applicant be furnished an Undesirable Discharge Certificate. There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. Further, the applicant's discharge accurately reflects his overall record of service.
ARMY | BCMR | CY2009 | 20090005676
The applicant provides a letter from the Department of Veterans Affairs (DVA), dated 17 November 2008; his Honorable Discharge Certificate, dated 20 March 1946; his WD AGO Form 53-55 (Enlisted Record and Report of Separation); and his WD AGO Form 100 (Separation Qualification Record ) in support of his application. The applicants military records are not available to the Board for review. It further states that injuries or wounds which clearly do not justify award of the Purple Heart...
ARMY | BCMR | CY2009 | 20090005677
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 who have served on active duty in support of the defense of the Republic of Korea. The evidence shows the applicant completed a qualifying period of service in Korea for award of 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...
ARMY | BCMR | CY2009 | 20090005678
The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time shows he was discharged for the good of the service in lieu of a court-martial in the rank/grade of private (PVT)/E-1 with an undesirable discharge, with service characterized as under other than honorable conditions. The evidence of record shows that the applicant was nearly 18 years of age at the time he enlisted and committed his offenses. The issuance of a discharge under the...
ARMY | BCMR | CY2009 | 20090005683
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he was awarded the Air Medal, the Combat Medical Badge and all other awards that he was authorized during his period of active duty service. Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. As a result, the Board recommends...
ARMY | BCMR | CY2009 | 20090005685
The applicant was awarded the AM. Therefore, it would now be appropriate to award him the AGCM and correct his records to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of the applicant's DD Form 214 the Vietnam Service Medal; b. awarding the applicant the Army Good Conduct Medal for the period 23 July 1964 to 21 July 1967; and c. adding to item 24 of the applicant's DD Form...
ARMY | BCMR | CY2009 | 20090005687
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be changed to show his rank as staff sergeant (SSG) and his pay grade as E-6. A DA Form 428 (Application for Identification Card), dated 9 March 1975, shows the applicant's blood type as A positive.
ARMY | BCMR | CY2009 | 20090005688
On 31 August 1976, the separation authority approved the recommendation for separation and directed that the applicant be furnished a general discharge. Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel. A general discharge is a separation from the Army under honorable conditions of an individual whose military record was not sufficiently meritorious to warrant an honorable discharge.
ARMY | BCMR | CY2009 | 20090005689
He contends the date that he had a grand mal seizure is incorrectly recorded in his medical records as 3 June 1977 when it actually occurred on 7 July 1975, neither his seizures nor the replacement of the tip of his middle finger on his right hand were introduced as evidence in his court-martial or discharge proceedings, he did not have a defined chain of command, and he was not provided with legal counsel or afforded the opportunity to see a chaplain. However, there is no evidence of...
ARMY | BCMR | CY2009 | 20090005690
The applicant requests the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). This document shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 to 26 September 1970 by Department of the Army General Order Number 51, dated 1971. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2009 | 20090005695
The applicant requests that item 3 (Grade - Rate - Rank and Date of Appointment) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show corporal instead of private first class and that item 6 (Effective Date of Separation) be corrected to show 1956 instead of 1953. The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty. The evidence of...
ARMY | BCMR | CY2009 | 20090005696
IN THE CASE OF: BOARD DATE: 13 August 2009 DOCKET NUMBER: AR20090005696 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). The applicant's DA Form 20 (Enlisted Qualification Record) shows service in Vietnam with Company A, 2nd Battalion, 28th Infantry Regiment, 1st Infantry Division from 7 June 1969 through 27 January 1970.
ARMY | BCMR | CY2009 | 20090005699
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show the Jungle Operations Training Course (JOTC), the "Air Assault Wings" (i.e. Air Assault Badge), the "Airborne Wings" (i.e. the Parachutist Badge), and any other award to which he is entitled. There are no orders, certificates, citations or any other evidence in the applicant's available records showing he completed the JOTC, that he was awarded the Air Assault Badge, the Parachutist Badge,...
ARMY | BCMR | CY2009 | 20090005700
The applicant requests, in effect, that his undesirable discharge be upgraded to a general, under honorable conditions discharge. His records do not specifically state the punishment imposed against him for being AWOL. However, the available records show that he was discharged on 1 June 1972 under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 10, for the good of the service - in lieu of trial by court-martial.
ARMY | BCMR | CY2009 | 20090005702
Application for correction of military records (with supporting documents provided, if any). The applicant's contention he was awarded the EFMB and the photograph he provided in which he claims he is wearing his award of the EFMB was carefully considered. In the absence of corroborating evidence showing entitlement to the EFMB, the photograph in itself is insufficient evidence in which to grant the applicant's requested relief.
ARMY | BCMR | CY2009 | 20090005703
The applicant's record shows he was charged with the commission of an offense punishable under the UCMJ with a punitive discharge. Evidence shows that the applicant voluntarily requested discharge from the Army in lieu of trial by court-martial. _______ _ _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 | 20090005704
Application for correction of military records (with supporting documents provided, if any). The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) and DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) in support of his application. In accordance with Title 10, U.S. Code, section 1552, the authority under which this Board acts, the Army Board for Correction of Military Records is not empowered to set...
ARMY | BCMR | CY2009 | 20090005706
The applicant was discharged on 24 June 1968, in pay grade E-1, under the provisions of Army Regulation 635-204, with a BCD. He was discharged pursuant to the sentence of a general court-martial and was issued a BCD after the sentence was affirmed. A BCD is adjudged by a court-martial when it determines a Soldier should be separated under conditions of dishonor after conviction of serious offenses of a civil or military nature warranting such severe punishment.
ARMY | BCMR | CY2009 | 20090005709
The applicant requests that the Southwest Asia (SWA) Service Medal (SWASM) with one bronze service star and Humanitarian Service Medal (HSM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). The applicant states, in effect, that he served in SWA and that this service was documented in a DD Form 215 (Correction to DD Form 214) issued on 22 January 2009. Therefore, it would be appropriate to add these awards to his record and DD Form 214 at this time.