ARMY | BCMR | CY2009 | 20090005853
BOARD DATE: 4 August 2009 DOCKET NUMBER: AR20090005853 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. On 8 April 1970, the convening authority approved the sentence, but suspended the 24-day confinement for a period of 48 days. This form further shows he completed 2 years, 5 months, and 19 days of creditable active military service and had 190 days of lost time.
ARMY | BCMR | CY2009 | 20090005855
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal with Device (1960), one overseas service bar, the Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). The applicant's records do not contain general...
ARMY | BCMR | CY2009 | 20090005857
The applicant requests that his Army Commendation Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). 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. In view of the requirement for orders, the citation, in and of itself, is insufficient as a basis to...
ARMY | BCMR | CY2009 | 20090005862
On 28 November 1993, the separation authority approved the applicants discharge under the provisions of chapter 14 of Army Regulation 635-200 by reason of patterns of misconduct and directed the applicant be furnished a general discharge under honorable conditions. The separation reason in all separations authorized by this paragraph will be misconduct. A discharge under other than honorable conditions was normally appropriate for a Soldier discharged under this chapter. The applicant's...
ARMY | BCMR | CY2009 | 20090005864
The applicant requests a review of the general court-martial conviction and sentencing. 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. The applicants general court-martial sentence did not include discharge from the Army.
ARMY | BCMR | CY2009 | 20090005865
The applicant requests correction of item 30 (Remarks) of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the periods ending 27 January 1969 and 26 June 1970 to show the General Educational Development (GED) high school diploma. The applicant's education records are not available. Therefore, there is insufficient evidence on which to change item 30 of the applicant's DD Forms 214.
ARMY | BCMR | CY2009 | 20090005867
Evidence shows the applicant served a qualifying period of service in Iraq for award of the Iraq Campaign Medal and that he participated in two campaigns. Therefore, the applicant is entitled to correction of his DD Form 214 to show his deployment to Iraq during the period 15 January 2005 through 31 December 2005 for a total of 11 months and 16 days of foreign service. The preponderance of the evidence of record shows that the applicant's MOS was 11B, not 11C.
ARMY | BCMR | CY2009 | 20090005868
The evidence of record shows the applicant served in Kuwait/Iraq from 17 December 2005 to 5 May 2006 and was awarded the Iraq Campaign Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding a bronze service star to be affixed to his already-awarded Iraq Campaign Medal. _______ _ __XXX_____ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...
ARMY | BCMR | CY2009 | 20090005870
The applicant states, in effect, that he served with the 2nd Battalion, 329th Infantry Regiment, 83rd Division, during World War II, and that this unit was cited for award of the Presidential Unit Citation by General Orders Number 190, issued by Headquarters, 83rd Infantry Division, on 4 September 1945. The applicant's military records are not available to the Board for review. The evidence of record shows that at the time of his separation, the applicant's last tactical unit to which he...
ARMY | BCMR | CY2009 | 20090005872
Pursuant to Title 10, U.S. Code, section 1448(a)(5), a retired member who marries after retirement and who, at the time of marriage, has no dependent children and has not previously elected for spouse coverage may, within one year of the marriage, elect to cover his spouse under the SBP. The applicant contends that his records should be corrected to show he elected to participate in the RCSBP with immediate spouse coverage because he was never made aware of the fact that he had to enroll...
ARMY | BCMR | CY2009 | 20090005875
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Afghanistan and all the awards he received pertaining to this service. Therefore, he served a qualifying period of service for award of the National Defense Service Medal and 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...
ARMY | BCMR | CY2009 | 20090005877
The applicant states on 7 January 1975 he was advanced to First Lieutenant on the Retired List, yet he is still receiving retired pay as a Sergeant Major. The minimum amount of retired pay to which a member is entitled to compute his or her retired pay under this formula is therefore 50% of the retired pay computation base (20 years of service X 2.5%). Title 10, U.S. Code, section 3964 provides that each retired RA enlisted member who is retired with less than 30 years of active service is...
ARMY | BCMR | CY2009 | 20090005878
The applicant requests that he be paid $25,000.00 in Army College Fund (ACF) benefits as outlined in his enlistment contract. The applicants military records may be corrected to show his DA Form 3286-66 was amended to include the sentence, "If ACF benefits in the amount of $25,000.00 (exclusive of MGIB benefits) were authorized by the official processing you for enlistment and the Government fails to pay the full amount under the appropriate provisions and such failure results in...
ARMY | BCMR | CY2009 | 20090005880
The applicant states, in effect, she is unable to prove she was a Wisconsin (WI) resident when she entered active duty and it would serve the interest of justice to issue her a DD Form 215 (Correction to DD Form 214) that adds an entry showing her HOR as WI at the time she entered active duty in item 18 (Remarks) of the DD Form 214. The applicant's Official Military Personnel File (OMPF) contains a DD Form 4/1 (Enlistment/Reenlistment Document) which shows, in item 3 (Date of...
ARMY | BCMR | CY2009 | 20090005882
There is no available evidence that the applicant was awarded a secondary MOS as an infantryman. There is no available evidence to show that the applicant was awarded a secondary MOS as an infantryman. 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; b. deleting all the awards currently shown on his DD Form 214; and c. showing that his authorized awards consist of the Purple...
ARMY | BCMR | CY2009 | 20090005884
The applicant states, in effect, that this DD Form 214 does not show his combat record for participation in support of Operation Desert Storm. The entry from the DMDC is accepted as sufficient evidence on which to amend block 18 on the applicants DD Form 214 to show his dates of service in Southwest Asia. Therefore, block 18 on the applicants DD Form 214 should be corrected to show he served in Southwest Asia from 1 January 1991 to 15 May 1991.
ARMY | BCMR | CY2009 | 20090005886
Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. The applicant contends that his DD Form 214 should be corrected to show his rank/grade as that of SGT/E-5 instead of SP4/E-4 and awards of the Silver Star Medal, Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Armed Forces Expeditionary Medal, Republic of Vietnam Civil...
ARMY | BCMR | CY2009 | 20090005887
The applicant's records show he enlisted in the Regular Army for a period of 4 years on 17 January 1996. The SPD code of "JPD" is the correct code for Soldiers separated under chapter 9 of Army Regulation 635-200. Therefore, the applicant received the appropriate RE code associated with his discharge.
ARMY | BCMR | CY2009 | 20090005889
On 11 June 1959, the applicant was discharged with an undesirable discharge under the provisions of Army Regulation 635-208 (Personnel Separations - Discharge - Unfitness) for habits or traits of character manifested by misconduct. 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. Therefore, the applicant's record of service is insufficiently meritorious to warrant an honorable or a...
ARMY | BCMR | CY2009 | 20090005891
On 21 May 1976, the separation authority approved the FSMs request for discharge and directed that he be issued an Undesirable Discharge Certificate. However, an undesirable discharge was authorized at the time the applicant was separated. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.
ARMY | BCMR | CY2009 | 20090005893
In this case, the evidence of record confirms the applicant served in Iraq for 6 months and 9 days from 7 April through 15 October 2003, as evidenced by his DFAS pay record and the DA Form 638 he provided. As a result, it also would be appropriate to add these awards to his record and DD Form 214 at this time. Item 13 - add the Iraq Campaign Medal with 2 campaign stars and Global War on Terrorism Service Medal; c. Item 18 - add the entry SERVICE IN IRAQ FROM 20030407-20031015"; and d....
ARMY | BCMR | CY2009 | 20090005894
The applicant requests correction of his DD Form 214 to show he was discharged on 20 September 2003, that he was awarded the Expert Field Medical Badge (EFMB) and two awards of the Purple Heart, and the addition of all awards associated with his participation in Afghanistan. A review of the available records fail to show any evidence that the applicant ever deployed from Fort Hood, that he ever served in Afghanistan, that he was ever wounded, or that he was ever awarded the EFMB. ...
ARMY | BCMR | CY2009 | 20090005895
The applicant's DA Form 3286-66 stated he was enlisting for the ACF for $30,000.00. The applicant's 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 $20,000.00 (exclusive of MGIB benefits) were authorized by the official processing you for enlistment and the Government fails to pay the full amount under the appropriate provisions and such failure results in nonpayment of ACF benefits in the amount of...
ARMY | BCMR | CY2009 | 20090005897
The applicant requests correction of item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Achievement Medal and that the entry, "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE" as shown in item 18 (Remarks) be corrected to show he did complete his first term of service. The applicant provides a copy of his DD Form 214; an Honorable Discharge...
ARMY | BCMR | CY2009 | 20090005898
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect that Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), Item 14 (Military Education), and Item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected. He also states that item 14 (Military Education) of his DD Form 214 should show he completed the Unit Armor and...
ARMY | BCMR | CY2009 | 20090005899
However, the applicants DD Form 214 (Report of Transfer or Discharge) shows that he was discharged on 13 March 1970 with an undesirable discharge under the provisions of Army Regulation 635-212 for unfitness due to frequent incidents of a discreditable nature with civil or military authorities. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. _______ _ x_______ ___ CHAIRPERSON I certify that herein is...
ARMY | BCMR | CY2009 | 20090005907
The evidence of record shows the applicant was awarded the Vietnam Service Medal. The evidence of record shows that the applicant served in Korea from on or about 25 August 1973 to on or about 2 December 1973. Therefore, he served a qualifying period for award of the Korea Defense Service Medal and is entitled to correction of his DD Form 214 to show this award.
ARMY | BCMR | CY2009 | 20090005911
The evidence of record shows that the applicant completed a qualifying period of service for award of the Good Conduct Medal. Evidence of record shows the applicant participated in two campaigns during his service in Vietnam. 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 Purple Heart with First Oak Leaf Cluster for wounds received in action in Vietnam on 2 March 1967 and adding this award...
ARMY | BCMR | CY2009 | 20090005912
Application for correction of military records (with supporting documents provided, if any). The evidence of record shows that at the time of his enlistment in the Regular Army he voluntarily requested to use the first name that he had used since his birth, even though it was different from the first name recorded on his birth certificate. ABCMR Record of Proceedings (cont) AR20090005912 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings...
ARMY | BCMR | CY2009 | 20090005915
The applicant requests, in effect, that his undesirable discharge be upgraded to an honorable discharge. An undesirable discharge certificate was appropriate at the time the applicant was separated. The applicant's record shows he was charged with the commission of an offense punishable under the UCMJ with a punitive discharge and he voluntarily requested discharge under the provisions of chapter 10, Army Regulation 635-200 to avoid trial by court-martial.
ARMY | BCMR | CY2009 | 20090005917
Army Regulation 635-5 (Separation Documents) states, in pertinent part, that item 14 (Military Education) will list formal in-service training courses of 40 hours or more successfully completed during the period of service covered by title, length in weeks, and month and year completed. Although the evidence of record shows he was awarded PMOS 91A, there are no orders which show he was awarded the Expert Field Medical Badge and the applicant has not provided any supporting evidence to show...
ARMY | BCMR | CY2009 | 20090005920
On 18 February 1987, the separation authority approved the applicant's voluntary request for discharge and directed that he be furnished an under other than honorable conditions discharge. 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. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.
ARMY | BCMR | CY2009 | 20090005922
The separation authority did not direct that the applicant be reduced in rank and grade. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) provides that Soldiers may be reduced in rank and grade as a result of misconduct in violation of the UCMJ. 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 | 20090005924
The applicant requests correction of appropriate military records to show reentry eligibility (RE) code RE-3 in lieu of RE-4 which would allow enlistment. The applicant contends that his records should be correct to show an RE code which would allow enlistment. Additionally, there is no evidence in the available record nor has he submitted any evidence to support his contention that he was told that he would be able to reenlist in the Army 6 months after his discharge.
ARMY | BCMR | CY2009 | 20090005925
The applicant requests correction of his military records to show award of the Purple Heart. There also is no evidence in his service personnel records that show he was treated for wounds as a result of hostile action in Republic of Vietnam. There is no evidence in the available records and the applicant has not provided evidence that shows his injury was a result of hostile action.
ARMY | BCMR | CY2009 | 20090005929
The company commander also advised the applicant he may receive a General or Honorable Discharge Certificate as a result of the action. The applicants DD Form 214 shows he was discharged on 17 June 1983 with a general under honorable conditions discharge under the provisions of Army Regulation 635-200, paragraph 13-2a, based on unsatisfactory performance. The evidence of record shows that upon release from confinement the applicant was afforded the opportunity for retraining to prepare...
ARMY | BCMR | CY2009 | 20090005930
The applicant requests an upgrade of his under other than honorable conditions (UOTHC) discharge. On 10 March 1982, the separation authority approved the applicant's voluntary request for discharge under the provisions of chapter 10, Army Regulation 635-200, and directed he receive an UOTHC discharge. The applicant's record is void of any indication that he petitioned the Army Discharge Review Board (ADRB) for an upgrade of his discharge within that board's 15-year statute of limitations.
ARMY | BCMR | CY2009 | 20090005932
The applicant requests that his under other than honorable conditions discharge be upgraded. The applicant's military records show he enlisted in the Regular Army, in pay grade E-1, on 13 June 1979, for 3 years. On 28 October 1980, the appropriate authority approved the applicant's request for discharge for the good of the service and directed that an Under Other Than Honorable Conditions Discharge Certificate be issued.
ARMY | BCMR | CY2009 | 20090005935
This letter notified the applicant that he had completed the required years of service and would be eligible for retired pay upon application at age 60. Reservists who elected an option under the RCSBP will continue to have the Reserve Premium add-on deducted from their retired pay. The evidence of record shows that within 90 days of receipt of his 20-year letter, the applicant elected to participate in the RCSBP, full spouse coverage.
ARMY | BCMR | CY2009 | 20090005937
This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. Records show the applicant was awarded the Vietnam Service Medal. Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.
ARMY | BCMR | CY2009 | 20090005938
The psychiatrist stated the applicant should be separated from the military in accordance with Army Regulation 635-200 under the Expeditious Discharge Program. Army Regulation 635-200 (Enlisted Personnel Separations) sets forth the basic authority for the separation of enlisted personnel. Evidence of record shows the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 5-37, under the Expeditious Discharge Program for failure to maintain acceptable military...
ARMY | BCMR | CY2009 | 20090005940
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that his under other than honorable conditions discharge be upgraded. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2009 | 20090005941
Application for correction of military records (with supporting documents provided, if any). The applicant was a 2-year draftee serving from 27 March 1969 to 26 March 1971. There is no evidence the applicants temporary hearing loss in his left ear was caused by hostile action.
ARMY | BCMR | CY2009 | 20090005944
He states some were wounded and some were killed. There are no orders in the applicant's military service records awarding him the Purple Heart. In the absence of military records which show that the applicant was wounded or treated for wounds resulting from hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.
ARMY | BCMR | CY2009 | 20090005946
On 27 May 1981, the applicant was discharged. The DD Form 214 he was issued confirms he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 10, for the good of the service in lieu of trial by court-martial with a discharge under other than honorable conditions. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2009 | 20090005947
Counsel requests, in effect, that the applicants Special Forces Tab be reinstated; that a general officer memorandum of reprimand (GOMOR), dated 1 June 2007, be removed from his official military personnel file (OMPF) and that he be promoted to E-7. Counsel states, in effect, that the applicant's Special Forces Tab was revoked on 10 September 2007 and the basis for the revocation was that, on or about 29 January 2007, the applicant and other members of his Special Forces Detachment left...
ARMY | BCMR | CY2009 | 20090005948
There is no available evidence showing the applicant's change in rank from SFC to SSG. He continuously served in the AGR program until 31 October 1998, when he retired by reason of sufficient service for retirement. Additionally, there is no evidence that physical health problems were the only reason that the applicant did not complete ANCOC and no evidence that failure to complete ANCOC was the reason that his promotion to SFC was effectively voided.
ARMY | BCMR | CY2009 | 20090005951
The applicant requests correction of his social security number (SSN) on all of his military records. 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). __________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military...
ARMY | BCMR | CY2009 | 20090005952
The applicants record contains a copy of Headquarters, U.S. Army Field Artillery Center, Fort Sill, OK, General Court-Martial (GCM) Order Number 163, dated 22 June 2006, which documents the following charges, pleas, and findings: a. 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 the applicant was convicted by a GCM and he received a dishonorable discharge.
ARMY | BCMR | CY2009 | 20090005953
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 20 June 1974, the applicant acknowledged he had been counseled and advised of the basis for the contemplated action to separate him for unsuitability under provisions of chapter 13, Army Regulation 635-200 (Personnel Separations Enlisted Personnel). When separation for unsuitability was warranted, an honorable or general discharge was issued as determined by the separation authority based upon the individuals entire record.