ARMY | BCMR | CY2009 | 20090000704
There is no evidence or any orders awarding the applicant the Combat Infantryman Badge. The applicants records show he served in an infantry MOS and in an infantry unit in the Republic of Vietnam for two months; however, the evidence of record does not confirm that he was personally present and participated in active ground combat while assigned or attached to an infantry unit. __________x_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the...
ARMY | BCMR | CY2009 | 20090000706
The applicant provides a DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States), retirement orders, a Personnel Qualification Record, an U.S. Army Reserve Personnel Command Chronological Statement of Retirement Points, a Defense Finance and Accounting Service Military Leave and Earnings Statement, DVA documentation, a DD Form 215 (Correction to DD Form 214), and a copy of his DD Form 214 for the period ending 21 February 2002 in support of his...
ARMY | BCMR | CY2009 | 20090000707
Item 40 (Wounds) of the applicant's DA Form 20 is blank and Item 41 (Awards and Decorations) does not include the PH. It states, in pertinent part, that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record. The applicant's contention that all military...
ARMY | BCMR | CY2009 | 20090000709
The applicant applied to the Army Discharge Review Board (ADRB) to upgrade his discharge. However, the evidence of record shows that he was discharged under the provisions of Army Regulation 635-200, chapter 14, with a characterization of general under honorable conditions by reason of administrative discharge for misconduct - drug abuse. Evidence of record shows that the applicant was separated from the service for misconduct under the provisions of Army Regulation 635-200, chapter 14-12c(2).
ARMY | BCMR | CY2009 | 20090000712
On 17 January 2008, this Board recommended the applicant's record be corrected by adjusting his initial appointment date to 21 May 2005 with a DOR to 2LT of 14 March 2005, and that he be promoted to 1LT, effective 14 March 2007, with entitlement to all back pay and allowances. He was granted Federal Recognition and promoted to CPT with an effective date of 16 December 2008. The applicant was not entitled to promotion to CPT until he was extended Federal Recognition on an approved position...
ARMY | BCMR | CY2009 | 20090000714
Although the applicant has not provided any official documentation to establish the exact costs associated with her storage or evidence to show that her husband authorized the release, it is clear that the applicant is entitled to some relief in this case. Accordingly, the applicant's records should be corrected by amending her orders to show that she was authorized to have her NTS converted to SIT effective 26 October 2007, the date it appears she arrived at Fort Polk, for a period of 180...
ARMY | BCMR | CY2009 | 20090000716
The applicant requests, in effect, that his record be corrected to show he accrued a total of 3 days of time lost and not 22 days as is indicated. The record shows the ADRB reviewed the applicant's case on 19 March 1952, and after careful consideration of the evidence of record and independent evidence submitted by the applicant, determined he was properly discharged and voted to deny the applicant's request for an upgrade of his discharge. Therefore, absent any evidence of record or...
ARMY | BCMR | CY2009 | 20090000718
He further states that the physical evaluation board (PEB) found him fit for duty; however, because he had a permanent (P3) physical profile, he was denied reenlistment. On 8 September 2006, the VA gave the applicant a 50% disabling rating for sleep apnea to be effective 26 February 2006. Not only has the applicant failed to show through the evidence of record and the evidence submitted with his application that he was denied reenlistment, his discharge orders indicate that he did not want...
ARMY | BCMR | CY2009 | 20090000719
The applicant requests removal of permanent orders awarding him the Parachutist Badge from his official military personnel file (OMPF). There is no harm to the Army or to the Soldier if the original orders awarding him the Parachutist Badge and the revocation orders are removed from his OMPF. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing Orders 39-3142, dated 8 February 2007, and Orders 47-9, dated 16 February...
ARMY | BCMR | CY2009 | 20090000720
IN THE CASE OF: BOARD DATE: 16 June 2009 DOCKET NUMBER: AR20090000720 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant provides a letter, dated 5 December 2008, from the National Personnel Records Center, St. Louis, Missouri; two Letters of Appreciation, dated 10 October 1971; orders for the Army Commendation Medal with "V" Device; a partial unit promotion standing list, dated 18 September 1971; and a copy of his DD Form 214 (Report of Transfer or Discharge) in support of his...
ARMY | BCMR | CY2009 | 20090000722
The applicant requests, in effect, an amendment or change to the charge of sleeping on duty in his court-martial orders and his DA Form 2627-1 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)). He elected to refuse punishment under Article 15 and was sentenced to reduction to pay grade E-3 and restriction to the company for 60 days. However, the evidence shows he did not appeal the 8 November 1965 Article 15 punishment for sleeping on duty.
ARMY | BCMR | CY2009 | 20090000723
A DA Form 4187 (Personnel Action), dated 5 August 2001 [filed in the service portion of his OMPF] indicates that he had been AWOL for more than 30 days. The DD Form 553 that should be filed in the performance portion of the applicant's record is presently filed in the service and restricted portions. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by filing the subject DD Forms 553 and 616 only in the performance portion of...
ARMY | BCMR | CY2009 | 20090000724
On 11 October 2007, having reviewed FLIPL # 7-XX and the FLO's recommendation a second time, the SJA again determined that the evidence was legally insufficient to support the FLO's recommendation to hold the applicant liable for the value of the lost equipment. However, the evidence of record does show the applicant in rebutting the financial liability finding stated that the equipment in question was identified as accounted for during the pre-change of command inventory in October 2006. ...
ARMY | BCMR | CY2009 | 20090000725
It further shows that the applicant took leave upon his return from deployment and that he lost 15 days of leave. The evidence of record in this case confirms that during FY 2002 the applicant had taken 11 days of leave prior to his deployment to Puerto Rico from 24 May 2002 to 13 September 2002 and that he was denied authorization to take his previously scheduled leave upon his return from deployment because of additional unit mission requirements, which resulted in his losing 15.5 days of...
ARMY | BCMR | CY2009 | 20090000730
Therefore, the applicant's records should be corrected to show award of the Purple Heart. Records show that the applicant participated in two campaign periods during his service in the Republic of Vietnam. 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 as a result of hostile...
ARMY | BCMR | CY2009 | 20090000731
The FSMs DD Form 214 shows he was awarded the Korean Service Medal; therefore, he is entitled to award of the United Nations Service Medal and correction of his records to show this award. The evidence of record shows that the FSM served a qualifying period for award of the National Defense Service Medal which is not shown on his records; therefore, 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...
ARMY | BCMR | CY2009 | 20090000734
On 6 September 1987, a Chronological Statement of Retirement Points published by U. S. Army Reserve Personnel Center (ARPERCEN) shows the applicant had attained 20 qualifying years of service for retirement at age 60 as of 30 March 1987. The applicant's Retiree Account Statement shows that he had Child Only RCSBP coverage. The applicants election to participate in the RCSBP Child Only Coverage was an irrevocable decision which rolled over into the SBP upon his reaching age 60.
ARMY | BCMR | CY2009 | 20090000736
The evidence of record shows that the applicant was wounded by a missile fired from a helicopter. Since the applicant was serving as a crew chief on a helicopter carrying troops which was receiving intense hostile small arms fire when he was wounded, the applicant now qualifies for award of the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds incurred in Vietnam...
ARMY | BCMR | CY2009 | 20090000740
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his military records to show his current name. ___________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 | 20090000741
(1) The VA award letters, rating decisions, and rating code sheet, in pertinent part, show the applicants degenerative joint disease lumbosacral spine service-connected condition is rated 20-percent disabling and that he received an overall or combined evaluation of 30 percent from the VA. (2) The applicants SMR, in pertinent part, document the applicants symptoms, diagnoses, and treatments pertaining to his lower back pain (LBP) and, in particular, contain the following documents: (a) a...
ARMY | BCMR | CY2009 | 20090000742
The applicant requests correction of his records to show he was medically discharged instead of honorably discharged for personality disorder. It states, in pertinent that a Soldier may be separated for personality disorders that interfere with assignment to or performance of duty. AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability.
ARMY | BCMR | CY2009 | 20090000743
The applicant provides his application for the Cold War Recognition Certificate and two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge). The applicant served during a period qualifying service for award of the NDSM. _______ _ 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 | 20090000746
The applicants military records are not available to the Board for review. The entry in Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant's DD Form 214 with a separation date of 12 December 1952 shows the entry None. Due to a fire at the National Personnel Records Center in 1973, there are no available personnel records for the Board to review with this application. Therefore, in the absence of substantiating medical evidence, there is insufficient...
ARMY | BCMR | CY2009 | 20090000748
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. Based on the applicant's commanding officers excellent conduct and efficiency ratings, that he was fully qualified for reenlistment, and the absence of evidence showing disqualification, the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 11...
ARMY | BCMR | CY2009 | 20090000752
The applicant's military personnel records contain a copy of Headquarters, U.S. Army Personnel Center, Fort Dix, Special Orders Number 144, dated 24 May 1971, that show the applicant was discharged on 24 May 1971, under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10 (Discharge for the Good of the Service), with Separation Program Number (SPN) 246 [for the good of the service], and issued a DD Form 258A (Undesirable Discharge Certificate). ...
ARMY | BCMR | CY2009 | 20090000753
The applicant states that the Germans set fire to the house and the U.S. There is no evidence in the applicant's available military service records that shows he was awarded the Combat Medical Badge. Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present...
ARMY | BCMR | CY2009 | 20090000757
The applicant requests that the Army "acknowledge" that he had Post-Traumatic Stress Disorder (PTSD) and Hepatitis C at the time of his discharge. On 17 August 1973, a PEB convened which determined the applicant was physically unfit due to neuropathy, ulnar nerve, left, major, complete, low with neuropathy median nerve, left, major, incomplete, severe and limitation of extension of left elbow to 90 degrees and poor restoration of left index finger tendons, rated as all radicular groups,...
ARMY | BCMR | CY2009 | 20090000761
This same DD Form 214 does not show award of the Army Good Conduct Medal or the Overseas Service Ribbon. The military personnel record must show that they were on an overseas service tour on or after 1 August 1981. The applicants available military personnel record shows he served on active duty from 10 August 1948 to 28 May 1952, which is a qualifying period for award of the National Defense Service Medal.
ARMY | BCMR | CY2009 | 20090000767
These orders show that his MOS at the time was 11D. The applicant participated in two campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show two bronze service stars to be affixed to his 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. adding to item 24 of...
ARMY | BCMR | CY2009 | 20090000768
The applicant states, in effect, that he was awarded the AGCM after his release from active duty (REFRAD). This case is being considered using reconstructed records that primarily consist of the applicant's DD Form 214, an NA Form 13038 (Certification of Military Service) issued by the National Archives and Records Administration, National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), and a DA Form 1577 (Authorization for Issuance of Awards) that remain in the...
ARMY | BCMR | CY2009 | 20090000769
The applicant states, in effect, that he was never awarded the Purple Heart for wounds he received while serving in the Republic of Vietnam. Item 41 (Awards and Decorations) of the applicants DA Form 20 does not show that he was awarded the Purple Heart. A DA Form 2173 (Statement of Medical Examination and Duty Status), dated 10 May 1967, which is in the applicants military record, states that the injury the applicant received while in Vietnam and is now requesting award of the Purple...
ARMY | BCMR | CY2009 | 20090000771
IN THE CASE OF: BOARD DATE: 30 April 2009 DOCKET NUMBER: AR20090000771 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. On 14 May 1993, the applicant's was discharged under the provisions of Army Regulation 635-200 (Enlisted Personnel Management System) based on his conviction by a court-martial. Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which he was convicted.
ARMY | BCMR | CY2009 | 20090000773
The DD Form 214 issued during this period shows he was discharged under the provisions of chapter 16 of Army Regulation 635-200, the separation code was "KGF," the reenlistment code was "RE-4," and the narrative reason for separation was "local bar to reenlistment." Army Regulation 27-10, paragraph 3-43, currently in effect, contains guidance on the transfer or removal of records of nonjudicial punishment from the OMPF. The applicant contends that his record of nonjudicial punishment...
ARMY | BCMR | CY2009 | 20090000774
On 29 September 1975, court-martial charges were preferred against the applicant for one specification of being AWOL during the period on or about 30 May 1974 to on or about 22 September 1975. In his request for discharge, the applicant acknowledged that he understood 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. ...
ARMY | BCMR | CY2009 | 20090000775
IN THE CASE OF: BOARD DATE: 23 June 2009 DOCKET NUMBER: AR20090000775 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his general discharge under honorable conditions be upgraded to a fully honorable discharge. _______ _ 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 | 20090000776
The applicant requests, in effect, that his record be corrected to show one additional year of constructive service credit as a first lieutenant (1LT) in the Chaplain Corps, correct his date of rank to captain (CPT), and correct his date of rank to major (MAJ). The advisory official acknowledged that the applicant's date of rank to 1LT at the time he entered the CAARNG could have been 24 March 1987 based on his 13 years of professional experience as evidence by the endorsed DD Form 2088,...
ARMY | BCMR | CY2009 | 20090000778
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 28 October 1968 to show 37 awards of the Air Medal (correctly known as the Air Medal with Numeral 37) and a second award of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster). The applicant's DD Form 214 for the period ending 28 October 1968 shows the Distinguished Flying Cross, the Bronze Star Medal with...
ARMY | BCMR | CY2009 | 20090000782
The applicant requests, in effect, 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 (BSM). No evidence was found either in his service personnel record or in the ADCARS data base to support addition of the Bronze Star Medal to the applicant's DD Form 214. _______ _ _x______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction...
ARMY | BCMR | CY2009 | 20090000786
A review of the applicants military personnel record shows a DD Form 215 (Correction to DD Form 214, Certificate or Release or Discharge from Active Duty) issued on 17 July 1984 corrects item 24 of the applicants DD Form 214 to show award of the Bronze Star Medal with "V" Device, Army Commendation Medal with "V" Device, Purple Heart, and Combat Infantryman Badge. There are no orders in the applicant's military personnel service records awarding him the Purple Heart. A review of the...
ARMY | BCMR | CY2009 | 20090000787
Section 41 (Awards and Decorations) of the applicant's DA Form 20 shows he earned the following awards during his active duty tenure: the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Bronze Star Medal, one overseas service bar, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and the 2nd Class Marksmanship Qualification Badge...
ARMY | BCMR | CY2009 | 20090000789
The applicant states, in effect, that his record of promotions showed he was a good Soldier. Subsequent to receiving this legal counsel, the applicant completed an election of rights in which he requested consideration of his case by a board of officers, personal appearance before a board of officers, and consulting counsel. The version of Chapter 14, Army Regulation 635-200, in effect at the time of the applicant's discharge, was relatively the same as the current version of the...
ARMY | BCMR | CY2009 | 20090000793
The applicant stated that some of the comments rendered by her rater and senior rater (SR) show that she did not fail in her performance of duty and support an "Outstanding Performance, Must Promote" and a "Best Qualified" rating instead of the "Do not Promote" ratings she received. The applicant submitted a "draft" copy of the RFC OER that differs from the copy contained in her OMPF in the following areas: The period covered "from" date is listed as 23 January 2003; there are no enclosures...
ARMY | BCMR | CY2009 | 20090000804
On 22 October 1987, the convening authority approved only so much of the sentence as provided for a bad conduct discharge, confinement for 12 months, forfeiture of $400.00 pay per month for 20 months, and reduction to PV1, and except for the bad conduct discharge, ordered the sentence executed. The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows he was discharged under the provisions of chapter 3, Army Regulation 635-200 (Personnel Separations ...
ARMY | BCMR | CY2009 | 20090000805
The applicant has not provided any evidence of error in his military records. (Disabilities not unfitting for military service) of Department of Defense Instruction 1332.39 (Application of the Veterans Administration Schedule for Rating Disabilities) states that conditions that do not themselves render a Service member unfit for military service will not be considered for determining the compensable disability rating unless they contribute to the finding of unfitness. Consequently, due to...
ARMY | BCMR | CY2009 | 20090000806
Application for correction of military records (with supporting documents provided, if any). Therefore, there is sufficient evidence to show he served in Afghanistan from 10 December 2002 to 5 August 2003 and is entitled to correction of his DD Form 214 to show this foreign-service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the entry "Service in Afghanistan 20021210-20030805" to Item 18 of his DD Form 214,...
ARMY | BCMR | CY2009 | 20090000809
The applicant requests, in effect, medical retirement and all back pay and allowances from his initial entry onto active duty in 1971 to the present. The medical doctor's evaluation documented on the applicant's SF Form 88 (Report of Medical Examination) shows that the applicant had no disqualifying defects or communicable diseases and stated the applicant was qualified for service in the Regular Army. The MEB recommended separation under the provisions of Army Regulation 635-200...
ARMY | BCMR | CY2009 | 20090000812
The applicant, the widow of a deceased former service member (FSM), requests, in effect, that she be designated as the annuitant of the FSM's Survivor Benefit Plan (SBP). The FSM's record contains a copy of a DA Form 1041 (Election of Options Under Retired Serviceman's Family Protection Plan) signed and witnessed on 4 March 1965, which shows in item 11 that he elected not to receive reduced retired pay in order to provide an annuity for his dependants. Extensive publicity was given in Army...
ARMY | BCMR | CY2009 | 20090000814
IN THE CASE OF: BOARD DATE: 5 May 2009 DOCKET NUMBER: AR20090000814 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 29 December 1993 be corrected to show a higher Reentry (RE) Code and that he held military occupational specialty (MOS) 94B (Cook) for 3 years and a communication MOS for 11 years and 4 months. Army Regulation 635-5 (Separation Documents) provides, in...
ARMY | BCMR | CY2009 | 20090000816
The applicant stated that for the last 25 years he has worked very hard as a carpenter to try and better his life. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. However, the evidence of record shows that he was discharged under the provisions of Army Regulation 635-200, chapter 10, with a characterization of under other than honorable conditions by reason of administrative discharge for conduct triable by a court-martial.
ARMY | BCMR | CY2009 | 20090000817
The FSM stated, in effect, that he never received the medals that he was authorized for his service in the APTO due to his military records being lost when he returned to the United States. The evidence of record shows the FSM had participated in two campaigns in the APTO. Unfortunately, there is no evidence in the available records and the applicant has not provided evidence that shows the FSM's injury was a result of hostile action.