ARMY | BCMR | CY2009 | 20090006198
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 applicant contends that his DD Form 214 should be corrected to show his correct SSN. The evidence of record shows that the applicant used the SSN "xxx-x2-xxxx" throughout his military service.
ARMY | BCMR | CY2009 | 20090006203
The applicant requests, in effect, correction of his records to show his award of the Army Commendation Medal and the Driver and Mechanic Badge with Driver "W" [for wheeled vehicles] Bar. In support of his claim for award of the Army Commendation Medal, the applicant provided a battalion certificate for meritorious performance of duty during the period 17 January 1968 to 10 March 1969 in Vietnam. The Board determined that the evidence presented was sufficient to warrant a recommendation...
ARMY | BCMR | CY2009 | 20090006206
IN THE CASE OF: BOARD DATE: 7 July 2009 DOCKET NUMBER: AR20090006206 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. He states he received a "career ending" OER in December 2004 and was subsequently passed over for promotion by the FY-05 Army Medical Department (AMEDD) major (MAJ) promotion selection board (PSB). His second pass over for promotion (FY 2006), selected continuation, OER removal, and subsequent promotion to major happened after his election to receive the CSB.
ARMY | BCMR | CY2009 | 20090006211
The applicant states that he applied to the Army Discharge Review Board (ADRB) for upgrade of the character of his service and his request was approved on 10 August 2006. The ADRB issued a new DD Form 214 to the applicant for the period 19 February 1999 through 29 July 2003 that shows he was separated under the provisions of Army Regulation 635-200, Chapter 3, with an under other than honorable conditions discharge. The applicant's request for change of the RE Code that he was assigned in...
ARMY | BCMR | CY2009 | 20090006218
Department of the Army Pamphlet 672-3 also shows the 2nd Battalion, 28th Infantry, was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during a period of time the applicant was assigned to the unit based on Department of the Army General Orders Number 53, dated 1970. Evidence of record shows the applicant's SSN is 2xx-7x-9xxx. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2009 | 20090006223
However, the record does include a DD Form 214 that shows he was discharged after completing a total of 2 months and 12 days of active military service under the provisions of paragraph 5-11, Army Regulation 635-200 (Personnel Separations), by reason of not meeting procurement medical fitness standards-no disability. A medical proceeding conducted by an Entrance Physical Standards Board, regardless of the date completed, must establish that a medical condition was identified by appropriate...
ARMY | BCMR | CY2009 | 20090006224
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 Bronze Star Medal and the Army Commendation Medal. The applicant's records do not contain general orders showing he was awarded the Bronze Star Medal and/or the Army Commendation Medal. Notwithstanding the certificates and citations provided by the applicant, in the absence of the orders announcing the awards, regrettably there is insufficient...
ARMY | BCMR | CY2009 | 20090006227
Army Regulation 635-212 also states, in pertinent part, that in the processing of an administrative discharge, unit commanders would notify Soldiers that they were being considered for separation and the type of discharge that they could expect to receive. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently...
ARMY | BCMR | CY2009 | 20090006230
The applicant states that his DD Form 214 contains an incorrect SSN. The applicant contends that his DD Form 214 should be corrected to show his correct SSN as "xxx-xx-7xxx." The evidence of record shows the applicant used the SSN "xxx-xx-7xxx" throughout his military service.
ARMY | BCMR | CY2009 | 20090006231
He departed Vietnam on 8 January 1970 and was transferred to Fort Carson, Colorado, where he remained until he was honorably released from active duty (REFRAD) on 26 February 1971 due to the deactivation of his unit. While the sincerity of the applicant's claim to entitlement to award of the Purple Heart and the BSM for the action on 27 May 1969 (presumably a BSM for valor) is not in question, there is no evidence in the applicant's military records, and the applicant failed to provide any...
ARMY | BCMR | CY2009 | 20090006232
Army Regulation 635-40 provides for the evaluation for physical fitness of Soldiers who may be unfit to perform the military duties of his or her office, grade, rank, or rating because of a physical disability. Army Regulation 635-40 requires that when a Soldier has a rating of less than 30 percent and has at least 20 qualifying years for retirement for non-regular service the DA Form 199 (Physical Evaluation Board [PEB] Proceedings) should have the entry: "You have the option of accepting...
ARMY | BCMR | CY2009 | 20090006233
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that his under other than honorable conditions (UOTHC) discharge be upgraded. The record also shows the applicant voluntarily requested discharge to avoid a court-martial that could have resulted in him receiving a punitive discharge.
ARMY | BCMR | CY2009 | 20090006235
The applicant requests an upgrade of his general, under honorable conditions discharge to an honorable discharge. On 14 January 1972, the applicant was advised by his commander that discharge proceedings under the provisions of Army Regulation 635-212 (Personnel Separations Discharge Unfitness and Unsuitability) had been initiated for his elimination from the service by reason of unsuitability and that his separation could result in an undesirable or general discharge. There is no...
ARMY | BCMR | CY2009 | 20090006237
The commander advised the applicant of his right to consult with counsel; his right to obtain copies of documents that would be sent to the separation authority supporting the proposed separation action; his right to request a hearing before an administrative separation board; his right to submit statements in his own behalf; to be represented by counsel; to waive any of these rights; and to withdraw any waiver of rights at any time prior to the date the discharge authority directed or...
ARMY | BCMR | CY2009 | 20090006238
In order to make his accounts of traumatic stress more believable to his DVA doctors, the applicant requests his time served in Vietnam be increased. The applicants DD Form 214 shows he completed 2 years of high school. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.
ARMY | BCMR | CY2009 | 20090006240
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation and Honorable Discharge) for the period ending 8 January 1946 to show his correct date of birth (DOB), correct date of induction, and correct date of entry into active service. Item 10 (Date of Birth) of his WD AGO Form 53-55 shows he was born on 24 August 1924. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his...
ARMY | BCMR | CY2009 | 20090006246
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that his undesirable discharge (UD) be upgraded to a general discharge (GD), under honorable conditions or an honorable discharge (HD). The applicants contentions that his UD should be upgraded to a GD or HD based on the honorable service that he performed before and during his RVN tour, and due to the trauma that he experienced as a result of his RVN service...
ARMY | BCMR | CY2009 | 20090006249
There is no evidence in the FSM's available military personnel record to show that he applied for retirement pay upon reaching age 60 nor is there a record to show that he applied for the Survivor Benefit Plan (SBP). Nearly 19 years after the death of the FSM, his widow, with the assistance of an adult daughter, contends that she is entitled to the FSM's retirement pay and survivor benefits. As such, it would be appropriate to show that the FSM applied for retired pay on 15 June 1995 to be...
ARMY | BCMR | CY2009 | 20090006252
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 April 2004 to show award of the Korea Defense Service Medal, the Iraq Campaign Medal with two bronze service stars, the Global War on Terrorism Service Medal, and the Valorous Unit Award. The applicant provides: a. his DD Form 214; b. a DA Form 2-1 (Personnel Qualification Record - Part II); c. a DA Form 2166-6 (Enlisted Evaluation Report), with the period...
ARMY | BCMR | CY2009 | 20090006253
The applicant requests, in effect, that his under other than honorable conditions discharge be upgraded to an honorable discharge. On 7 May 1975, the applicant was discharged with an undesirable discharge and a characterization of service of under conditions other than honorable under the provisions of Army Regulation 635-206 after completing 3 years and 2 days of active service with 521 days of lost time under Title 10, U.S. Code, section 972. Army Regulation 635-200 (Active Duty Enlisted...
ARMY | BCMR | CY2009 | 20090006255
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that his under other than honorable conditions (UOTHC) discharge be upgraded to a general discharge (GD), under honorable conditions. On 28 September 1988, the separation authority approved the applicant's request for discharge under the provisions of chapter 10, Army Regulation 635-200, and directed he receive an UOTHC discharge.
ARMY | BCMR | CY2009 | 20090006268
There are no orders in the applicant's military personnel service records awarding him the Purple Heart. The evidence of record shows that a Medical Service Corps officer stated that the applicant was injured as a result of hostile action in the Republic of Vietnam on 14 May 1968. Records show the applicant was awarded the Vietnam Service Medal.
ARMY | BCMR | CY2009 | 20090006270
Further, there are no orders or other documents on file in his record that indicate he was ever recommended for or awarded the PH by proper authority or that he ever pursued award of the PH while he was on active duty. Therefore, absent any evidence of record confirming the wound for which the applicant was treated was received as a result of enemy action, or that he was ever recommended for or awarded the PH by proper authority while serving on active duty, the regulatory burden of proof...
ARMY | BCMR | CY2009 | 20090006271
Item 41 (Awards and Decorations), of his DA Form 20 contains no entry showing he was awarded the Purple Heart. There are no orders in the applicant's military personnel records awarding him the Purple Heart. The Vietnam Casualty List was reviewed to determine if the applicant had been wounded in action while he served in Vietnam.
ARMY | BCMR | CY2009 | 20090006274
Application for correction of military records (with supporting documents provided, if any). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 24 of his DD Form 214 the Purple Heart, Army Commendation Medal, Good Conduct Medal, Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit...
ARMY | BCMR | CY2009 | 20090006275
KY, General Court-Martial Order Number 11, dated 15 October 2003; a decision document, dated 25 July 2005, from the United States Army Court of Criminal Appeals; Headquarters, U.S. Army Armor Center, Fort Knox, General Court-Martial Order Number 195, dated 9 December 2005; orders, dated 23 January 2006, issued by the same headquarters, which discharged him from the Army on 27 January 2006; two Standard Forms (SF) 50 (Notification of Personnel Action), with effective dates of 2 April 2006 and...
ARMY | BCMR | CY2009 | 20090006278
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he served in Vietnam and Thailand and award of additional foreign service credit for Vietnam. The applicant states, in effect, that his DD Form 214 does not indicate that he served in Vietnam and Thailand or document his foreign service credit for Vietnam. The evidence of record shows the applicant served in USARPAC/Thailand from 21 June 1967 to 1...
ARMY | BCMR | CY2009 | 20090006282
The applicant requested that the Vietnam Campaign Medal be added to his DD Form 214. The evidence of record shows the applicant was awarded the Vietnam Service Medal. ABCMR Record of Proceedings (cont) AR20090006282 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090006282 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2009 | 20090006283
On 11 December 1962, the applicant's immediate commander recommended that the applicant be eliminated from the service under the provisions of Army Regulation 635-208 (Personnel Separations) by reason of unfitness and be furnished an Undesirable Discharge Certificate. After carefully considering all the evidence in his case, the board unanimously found that the applicant was unfit for further military service and recommended that he be separated under the provisions of Army Regulation...
ARMY | BCMR | CY2009 | 20090006285
The Good Conduct Medal was awarded to any member of the United States military who completed 3 consecutive years of "honorable and faithful service." Therefore, it would be appropriate to correct his records to show these foreign unit awards on his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending the applicant's DD Form 214 to add award of the Expert Marksmanship Qualification Badge with Rifle...
ARMY | BCMR | CY2009 | 20090006286
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a second deployment. The applicant states that his second deployment is not recorded on his DD Form 214 and that it may have been overlooked. In support of his claim, the applicant provided a Soldier Deployment History Outprocessing Report which shows he was deployed in January 2005 to January 2006 and from 7 January 2007 to 31 January 2008.
ARMY | BCMR | CY2009 | 20090006287
Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal (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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding to item 26 of the applicant's DD Form 214 for the period ending 15 November 1964 the Korea Defense Service Medal;...
ARMY | BCMR | CY2009 | 20090006288
The applicant requests that the Advanced Noncommissioned Officer Course (ANCOC) and the Javelin Course be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). The available evidence also shows the Javelin Course involves combat skills training. Therefore, the Javelin Course should not be recorded on the applicant's DD Form 214.
ARMY | BCMR | CY2009 | 20090006291
On 26 February 1979, the applicant's commander recommended the applicant be discharged under the Trainee Discharge Program. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (Statutory or other directives), reasons for separating Soldiers from active duty, and the separation program designator (SPD) codes to be entered on the DD Form 214. The evidence does show that the applicant was discharged from the Army under the Trainee Discharge...
ARMY | BCMR | CY2009 | 20090006292
The applicant requests an upgrade of his Under Other than Honorable Conditions discharge and his reentry eligibility (RE) code so he will be eligible to reenter the Army. 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. The applicant's records show he was over 20 years of age at the time of his enlistment and at the time of his offenses.
ARMY | BCMR | CY2009 | 20090006299
The applicants DD Form 214 shows that he served on active duty from 13 February 1986 to 16 July 1990, a period of 4 years, 5 months, and 4 days. The available evidence of record shows that the applicant had continuous active duty service from 13 February 1986 to 16 July 2000, a period of 4 years, 5 months, and 4 days. There is no evidence of record and the applicant does not provide any (such as pay records) to show that his DD Form 214 is not correct.
ARMY | BCMR | CY2009 | 20090006300
The applicant requests an upgrade of his general discharge. Accordingly , the applicant was separated, on 10 March 2006, under the provisions of Army Regulation 635-200, chapter 14, for misconduct, with a general discharge under honorable conditions after completing 5 years, 2 months, and 7 days of creditable active service with no lost time. On 9 May 2008, the Army Discharge Review Board denied the applicant's request to upgrade his discharge.
ARMY | BCMR | CY2009 | 20090006301
The applicant provides the following documents in support of his application: Headquarters, 1st Battalion, 137th Aviation Regiment Memorandum, subject: Verification of Promotion Eligibility for (applicant), dated 26 September 2008; National Guard Bureau (NGB) Special Orders Number 214 AR, dated 19 August 2008; NGB Memorandum, subject: Promotion as a Reserve Commissioned Warrant Officer of the Army, dated 19 August 2008; DA Form 4186 (Medical Recommendations for Flying Duty), dated 23 July...
ARMY | BCMR | CY2009 | 20090006303
In 2004, the applicant's records were considered by a GOFRB for promotion to the grade of BG. In June 2006, the applicant was again considered for promotion by a GOFRB for promotion to BG with substantiated adverse information. The opinion continued that were it not for the substantiated adverse information, the applicant would have received Senate confirmation much earlier and his date of rank would have been no later than the date of rank he requested from the Army Board for Correction...
ARMY | BCMR | CY2009 | 20090006305
The applicant provides two reports of medical examination, dated 17 July 1982 and 31 July 1986, which show the applicant's height/weight as 72"/174 and 72"/177, respectively. However, in order to correct an administrative injustice in the applicant's record, an evidentiary basis must exist that would show that the applicant attained the minimum time required for military retirement but ultimately was denied retirement. The evidence of record confirms that the applicant requested to be...
ARMY | BCMR | CY2009 | 20090006306
Her DD Form 214 should be corrected to show the Army Commendation Medal (2nd Award). Unfortunately, her iPERMS record only contains one set of orders awarding her the Army Achievement Medal (for the period 1 September 2000 to 30 August 2001), so her iPERMS record does not provide evidence of the correct number of awards. In the absence of clear evidence that the applicant was awarded more than three Army Achievement Medals, the Board must presume regularity as to the number of Army...
ARMY | BCMR | CY2009 | 20090006307
The applicant requests correction of his records to show he was medically retired or separated for disability with entitlement to severance pay instead of honorably discharged. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army PDES 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 or her office, grade,...
ARMY | BCMR | CY2009 | 20090006309
IN THE CASE OF: BOARD DATE: 26 August 2009 DOCKET NUMBER: AR20090006309 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that his 30 November 1995 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his entire period of service. In 1975, the regulation provided that a DD Form 214 was be prepared at the time of each reenlistment or separation from active duty to summarize the Soldier's service for that period.
ARMY | BCMR | CY2009 | 20090006310
The FSM's military service records show that he enlisted in the Army National Guard (ARNG) on 5 August 1977. At the time both the FSM and the applicant were 59 years of age. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant applied for the SBP annuity in a timely manner and to pay her the annuity retroactive to the day the FSM would have turned age 60.
ARMY | BCMR | CY2009 | 20090006311
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Iraq from 28 April 2003 to 5 September 2003, award of the Iraq Campaign Medal (ICM) and Global War on Terrorism Service Medal (GWOTSM), and any other unit awards as a result of this service. Therefore, he served a qualifying period of service for award of the ICM and he is entitled to correction of his records to show this award. The evidence of record shows...
ARMY | BCMR | CY2009 | 20090006313
The available evidence shows the applicant suffered a shrapnel wound to his left hand as a result of enemy action, on 13 July 2003, while in Iraq and he was awarded the Purple Heart for his injury. Therefore, he served a qualifying period for award of the Korea 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 by: a. awarding the applicant...
ARMY | BCMR | CY2009 | 20090006316
The applicant requests that his general, under honorable conditions discharge be upgraded to an honorable discharge. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.
ARMY | BCMR | CY2009 | 20090006317
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his correct dates of service in Iraq. Item 12 (Record of Service) of the applicant's DD Form 214 shows that he served overseas for a period of 1 year, 6 months, and 13 days. The evidence shows that the applicant's DD Form 214 contains an incorrect ending date for his second tour of duty in Iraq.
ARMY | BCMR | CY2009 | 20090006318
He was discharged and assigned an RE code of 3. In March 2005, the applicant's commander initiated action to separate him from the service due to the commission of a serious offense. The SPD code of JKQ was the appropriate code for the applicant based upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of Army Regulation 635-200, paragraph 14-12C, for commission of a serious offense.
ARMY | BCMR | CY2009 | 20090006319
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his under other than honorable conditions (UOTHC) discharge be upgraded to an honorable discharge (HD). The evidence of record further shows the applicant was charged with the commission of an offense which was punishable with a punitive discharge under the UCMJ and that after consulting with legal counsel and being advised of his rights and the effects of an UOTHC...