ARMY | BCMR | CY2009 | 20090005716
Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. Without evidence to show that the applicant was treated for a wound that was received as a result of hostile action, there is insufficient evidence in which to grant his request. Therefore, the Board determined that the overall merits of this case are...
ARMY | BCMR | CY2009 | 20090005720
The applicant requests an upgrade of his under other than honorable conditions discharge to a general discharge. On 9 December 1969, the applicant requested a discharge for the good of service in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 10. The DD Form 214 he was issued confirms he was discharged under the provisions of Army Regulation 635-200, chapter 10, in lieu of court-martial with a discharge under other than...
ARMY | BCMR | CY2009 | 20090005723
The applicant requests correction of his records to show award of the Purple Heart. While the applicant contends he was injured during a firefight with the enemy, there is no evidence in the his available military 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 awarded the Purple Heart. In the absence of evidence that the applicant was wounded or injured as a result of hostile action and...
ARMY | BCMR | CY2009 | 20090005724
The applicant states, in effect, that his DD Form 214 does not show award of the Purple Heart and that it shows a SSN that contains the number "4" instead of the number "6" in the fifth digit of his SSN. The evidence of record shows the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of the applicant's DD Form 214 the Vietnam Service Medal; and b....
ARMY | BCMR | CY2009 | 20090005725
There is no evidence the applicant was awarded the Army Good Conduct Medal. However, it does not show award of the Meritorious Unit Commendation or Presidential Unit Citation to any of the applicant's units during his tenure in the RVN. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.
ARMY | BCMR | CY2009 | 20090005727
Application for correction of military records (with supporting documents provided, if any). The FSM was temporarily promoted to SFC/E-7 on 15 March 1961 and the promotion was made permanent effective 2 October 1962. In addition, even if the FSM had been on an E-8 promotion list, because he was not physically qualified to perform his duties he could not have been promoted.
ARMY | BCMR | CY2009 | 20090005730
The applicant provides a copy of his NGB Form 22, dated 31 March 2007, and a copy of his DD Form 214, dated 10 March 2006, in support of his request. Therefore, the applicant's Department of the Army records and his ARNG records should be corrected by amending his DD Form 214 and NGB Form 22 to show this award. As a result, the Board recommends that the state ARNG records and the Department of the Army records of the individual concerned be corrected by amending his DD Form 214 and NGB...
ARMY | BCMR | CY2009 | 20090005734
Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Meritorious Service Medal is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service in a noncombat area. It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a...
ARMY | BCMR | CY2009 | 20090005736
IN THE CASE OF: BOARD DATE: 23 February 2010 DOCKET NUMBER: AR20090005736 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Notwithstanding the recommendation contained in the Office of the Deputy Chief of Staff G-1 advisory opinion, the terms of recoupment of his reenlistment bonus are clearly stated in Annex A of the applicant's enlistment document, which provided that he would lose his eligibility for the bonus if he accepted a military technician or AGR position before completing 6 months...
ARMY | BCMR | CY2009 | 20090005739
The applicant requests that his 1976 DD Form 214 (Report of Separation from Active Duty) be corrected to show that his type of separation was not "retirement." This same regulation stated that a DD Form 214 would be issued to all personnel at the time of retirement, discharge, or release from active duty including each member separated for physical disability. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) states that a member who is unfit to perform...
ARMY | BCMR | CY2009 | 20090005740
The authorities at the National Guard Bureau assumed the applicant was requesting to change his date of rank on all Army records and referred him to the Army Board for Correction of Military Records (ABCMR) in order to seek relief. The Personnel Division contacted the Minnesota Army National Guard who, in turn, amended the applicant's State promotion orders to show his effective date of promotion as 12 January 2007 and his DOR as 31 August 2004. Evidence shows the applicant's retirement...
ARMY | BCMR | CY2009 | 20090005750
Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. Based on the criteria contained in Army Regulation 672-5-1 in effect at the time, the applicant is qualified for award of the Army Good Conduct Medal and his records should be corrected accordingly. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2009 | 20090005753
The available evidence shows that the FSM suffered from tinnitus and hearing loss due to exposure to loud gunfire while engaging the enemy. Therefore, his records should be corrected to show these awards. However, notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.
ARMY | BCMR | CY2009 | 20090005754
The applicant states that he served in Vietnam and his military records show that he served there; however, the Army was not recording Vietnam service on the DD Form 214 when he was released from active duty (REFRAD). The applicant contends that his DD Form 214 should be corrected to show he served in Vietnam because this service was not recorded on the document; however, it became a regulatory requirement to record Vietnam service on the DD Form 214 subsequent to his separation from active...
ARMY | BCMR | CY2009 | 20090005755
Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record; b. the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. Therefore, it would be appropriate to award the applicant the Purple Heart...
ARMY | BCMR | CY2009 | 20090005756
The applicant provides various documentary evidence that he contends show his entitlement to award of Purple Heart based upon wounds he sustained on 24 April 1953. Item 28 (Wounds) of this form shows that during his capture, the applicant sustained wounds to his head resulting from artillery fire and to his legs resulting from grenades. This record shows the applicant was a former prisoner of enemy forces.
ARMY | BCMR | CY2009 | 20090005760
The PEB determined the condition was incurred or aggravated in the line duty and recommended a 20-percent disability rating; and c. 5000 - osteomyelitis, femur, left, with evidence of active infection within the past 5 years (MEBD diagnosis 3, NS, addendum). Scoliosis is a curving of the spine. The first record of documented medical treatment available is over 4 years after the applicant's enlistment.
ARMY | BCMR | CY2009 | 20090005764
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. Therefore, the applicant's record of service is insufficiently meritorious to warrant a general discharge or an honorable discharge.
ARMY | BCMR | CY2009 | 20090005765
This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. The 27 February 1978 letter also advised the applicant of the following: Amount of Debt Due U.S. as of 31 March 1973 $2,632.22 Additional Indebtedness Disclosed on 9 April 1973 $ 833.40 Total Debt $3,465.62 Less Credit for Refund of...
ARMY | BCMR | CY2009 | 20090005768
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 12 August 1952 to show award of the Army Good Conduct Medal, National Defense Service Medal, and the Republic of Korea Presidential Unit Citation. The technician also informed the applicant that the NPRC was pleased to verify his entitlement to the following awards: the Army Good Conduct Medal, Army of Occupation Medal with Japan Clasp, National...
ARMY | BCMR | CY2009 | 20090005769
The applicant requests correction of his records to show he was medically retired and that his reenlistment (RE) code be corrected from RE-1 to a medical RE code. If the evidence establishes that the service member adequately performed his/her duties until the time he/she was referred for physical evaluation, the service member may be considered fit for duty even though medical evidence indicates questionable physical ability to continue to perform duty. He was awarded a new MOS and he was...
ARMY | BCMR | CY2009 | 20090005772
The applicant requests, in effect, that his record be corrected to show that he paid into the Survivor Benefit Plan (SBP) since 1975; therefore, he is no longer required to pay SBP premiums. At that time, he had completed a DA Form 4240 which indicated that he did not desire to enroll in the SBP. When the applicant retired in 1975 and when he enrolled in the SBP program in 1982, there was no law that required the spouse to concur or nonconcur with the SBP election in writing.
ARMY | BCMR | CY2009 | 20090005774
On 24 October 1985, the applicant's commander notified him that he was initiating action to discharge him under the provisions of chapter 13 of Army Regulation 635-200 (Personnel Separations Enlisted Personnel) for unsatisfactory performance. The commander's letter advised the applicant of his right to have his case considered by a board of officers (if he would have 6 or more years of total active and reserve military service at the time of his separation); to appear in person before a...
ARMY | BCMR | CY2009 | 20090005780
The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 10 January 1968 through 20 April 1969. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. 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 Purple Heart for wounds received in action in the...
ARMY | BCMR | CY2009 | 20090005782
The applicant requests, in effect, the following corrections to her military record in two separate applications: a. upgrade of her general under honorable conditions discharge (GD) to an honorable discharge (HD), b. change to reason for discharge to convenience of the government, c. change to reentry eligibility (RE) code to RE-1, d. change to separation program designator (SPD) code, and e. change to separation authority and narrative reason for separation. There is no evidence the...
ARMY | BCMR | CY2009 | 20090005784
Application for correction of military records (with supporting documents provided, if any). The applicant enlisted in the Regular Army, at the age of 19, on 22 August 1984, for a period of 3 years in the rank of private (PVT)/E-1. There is no evidence available that indicates the applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge within that boards 15-year statute of limitations.
ARMY | BCMR | CY2009 | 20090005787
BOARD DATE: 9 September 2009 DOCKET NUMBER: AR20090005787 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the U.S. Air Force (USAF) Combat Readiness Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the USAF Combat Readiness Medal to her DD Form 214.
ARMY | BCMR | CY2009 | 20090005791
Had the applicant known of the former he would never have declined his promotion to CPT. By memorandum, subject "Promotion as a Reserve Officer of the Army," dated 2 April 1996, the applicant elected to delay his promotion to the grade of CPT until 22 May 1997. There is no evidence in the available records that show he was in a CPT's position prior to his declination for promotion to CPT nor is there any evidence that his chain of command mislead him in his promotion to CPT.
ARMY | BCMR | CY2009 | 20090005792
Therefore, his records should be corrected to show these awards and the badge. There is no available evidence showing the applicant was authorized more than the second awards of the Army Commendation Medal or the Army Achievement Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from Item 13 of his DD Form 214 the Army Commendation Medal, Army Good Conduct Medal, and the Iraq Campaign Medal; b. adding...
ARMY | BCMR | CY2009 | 20090005797
He was then assigned to Company D, 1st Battalion (Mechanized), 5th Infantry (RVN), from 1 September through 31 October 1968; c. Item 39 (Campaigns) he served in the RVN during the Tet Counteroffensive; d. Item 40 (Wounds) he sustained a fragment wound to his buttocks on 17 September 1968; and e. Item 41 (Awards and Decorations) he was authorized the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar, Vietnam Service Medal, Combat Medical...
ARMY | BCMR | CY2009 | 20090005798
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Infantryman Badge and a second award of the Purple Heart. There are no orders for the Combat Infantryman Badge in the available records. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Combat Infantryman Badge; and b. adding the Combat Infantryman Badge on his DD Form 214.
ARMY | BCMR | CY2009 | 20090005801
Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. However, the applicant's MOR and relief-for-cause NCOER, which in turn resulted in a DA-imposed bar to...
ARMY | BCMR | CY2009 | 20090005809
The applicant provides a recommendation for promotion and promotion orders in support of his application. Evidence of record shows the applicant was appointed a WO1 on 22 September 2007. As a result, the Board recommends that the State Army National Guard records and the Department of the Army records of the individual concerned be corrected, as appropriate by amending NGB Special Orders Number 306 AR, dated 8 December 2008, to show that he was promoted to CW2 with a date of rank and...
ARMY | BCMR | CY2009 | 20090005815
The applicant's military records are not available to the Board for review. Based on the foregoing, there is insufficient evidence to grant the applicant's request for award of the Distinguished Service Cross and its addition to his WD AGO Form 53-98. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Bronze Star Medal, based on award of the Combat Infantryman Badge; and b. adding the Bronze...
ARMY | BCMR | CY2009 | 20090005816
The applicant requests that he be paid $26,500.00 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 $26,500.00 (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 | 20090005817
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Vietnam Service Medal, the Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Presidential Unit Citation, and any associated bronze service stars. This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. ...
ARMY | BCMR | CY2009 | 20090005818
The applicant requests that the narrative reason for separation and the Reentry (RE) Code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to a more favorable reason that will allow him to reenter the military. 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. The applicant was issued the proper RE Code commensurate...
ARMY | BCMR | CY2009 | 20090005820
He also requests, in effect, that the Iraq Campaign Medal and his service in Iraq be added to his DD Form 214. The applicant provides his DD Form 214; a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 1 June 2005; a DA Form 31 (Request for Authority for Leave), dated 27 January 2005; and an Army National Guard Honorable Discharge Certificate, dated 1 June 2005. Army Regulation 600-8-22 (Military Awards) states that individuals...
ARMY | BCMR | CY2009 | 20090005824
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal and additional awards of the Air Medal. The applicant's DD Form 214 shows the Vietnam Service Medal with two bronze service stars; however, the applicant participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars. As a result, the...
ARMY | BCMR | CY2009 | 20090005831
The record contains a memorandum from the Fort Dix SJA (the senior rater), dated 1 August 2005, which forwarded the contested OER to the applicant as a referred report. She indicates that in his appeal, the applicant argued that the OER in question was never provided or made available to him by his former command; however, a review of his record shows the applicant's command made two attempts to mail the OER to the applicant after the applicant was contacted telephonically. The IO stated...
ARMY | BCMR | CY2009 | 20090005832
However, his original DD Form 214 shows he was discharged on 16 June 2003 with a characterization of service of under honorable conditions (general) under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 14-12c(2) after completing 6 years, 1 month, and 13 days of active military service with 303 days of lost time due to AWOL. On 9 May 2006, the Army Discharge Review Board (ADRB) granted an upgrade of the applicant's characterization of...
ARMY | BCMR | CY2009 | 20090005839
There is no evidence in the applicant's records he was recommended for award of the Air Medal. A copy of a flight record showing the actual number of hours of flight time and the type of flight (combat assault, combat support, or support) time he accumulated is not on file in the applicant's record. _______ _ _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 | 20090005840
The applicant states that his DA Form 1059 (Service School Academic Evaluation Report) shows the correct date he entered active duty. Additionally, item 14 (Military Education) of the applicant's DD Form 214 shows that he completed a 20-week Military Intelligence (MI) Officer Basic Course in June 1997. Additionally, it is noted that item 12c on the applicants May 2006 DD Form 214 shows net active service during the period covered by the form as 9 years, 3 months, and 27 days which further...
ARMY | BCMR | CY2009 | 20090005841
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his Social Security Number (SSN) be corrected on all of his military records from an SSN starting with 925 to an SSN starting with 386. Since it is evident from the applicant's Social Security Card that his SSN was and is the number starting with 386, and that he informed the appropriate military personnel office that his proper SSN was the number starting with 386, it...
ARMY | BCMR | CY2009 | 20090005843
The applicant provides an unaddressed, undated, and unsigned letter from the Deputy Chief of Staff for Personnel of the Army; a DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)); and a copy of Army Regulation 15-185 (Army Board for Correction of Military Records), the regulation which governs the operation of this Board. In that request the applicant acknowledged that if his request was accepted he could be given a discharge UOTHC. Although an...
ARMY | BCMR | CY2009 | 20090005844
The applicant requests, in effect, that two Army Commendation Medals and a Meritorious Service Medal be added to his retirement DD Form 214 (Certificate of Release or Discharge from Active Duty). 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 requests that two Army Commendation Medals and a...
ARMY | BCMR | CY2009 | 20090005845
The applicant requests that the Purple Heart (PH), Air Medal (AM), Army Good Conduct Medal (AGCM), Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and all other awards to which he is entitled be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). There is no evidence that the applicant was awarded the AM; therefore, he is not entitled to correction of his record to show this...
ARMY | BCMR | CY2009 | 20090005846
Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. As such, there is no provision to correct the applicant's DD Form 214 to show his home of record as Wisconsin. However, the applicant may use this Record of Proceedings as verification that his military records contain enlistment documents which show Milwaukee, Wisconsin as his home of record...
ARMY | BCMR | CY2009 | 20090005847
The evidence of record fails to show the applicant successfully completed any qualifying military schools during her active duty tenure that would support an entry in item 14 of the DD Form 214. The address listed in item 19 of the applicant's DD Form 214 would have been provided by her at the time the DD Form 214 was prepared and she authenticated the DD Form 214 with her signature in item 21 on the date of discharge which by regulation was her verification that she reviewed the DD Form...
ARMY | BCMR | CY2009 | 20090005849
Application for correction of military records (with supporting documents provided, if any). The applicants contention that item 6 of the FSM's WD AGO Form 53-55 should be corrected to show Company A, 813th Tank Destroyer Battalion, was carefully considered. As a result, absent any evidence of error or injustice related to the current unit entry on the FSM's WD AGO Form 53-55, there is an insufficient evidentiary basis to support granting the requested relief.