ARMY | BCMR | CY2009 | 20090007282
BOARD DATE: 6 October 2009 DOCKET NUMBER: AR20090007282 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting the applicant's records to show his date of birth as 16 July 1949. ABCMR Record of Proceedings (cont) AR20090007282 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090007282 2 ARMY BOARD FOR...
ARMY | BCMR | CY2009 | 20090007286
Application for correction of military records (with supporting documents provided, if any). The applicant provides the following documents in support of his application: his discharge orders from the U.S. Army Reserve (USAR), dated 17 January 1995; his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 December 1989; his automated National Guard Bureau Report of Separation and Record of Service for the period ending 26 June 1994; a statement from...
ARMY | BCMR | CY2009 | 20090007287
The applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were exclusively excellent. 7. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal pertaining to the applicant. The applicant...
ARMY | BCMR | CY2009 | 20090007288
The applicant requests, in effect, award of the Silver Star (SS). 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. While the available evidence is insufficient for awarding the applicant the SS, this in no way affects the applicants right to pursue his claim for the SS by submitting a request through his Member of Congress under the provisions of Title 10,...
ARMY | BCMR | CY2009 | 20090007289
The PH is also not included in the list of awards contained in Item 41 (Awards and Decorations). In this case, the evidence of record fails to corroborate the applicant's claim that he was wounded twice in action in the RVN. 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.
ARMY | BCMR | CY2009 | 20090007290
There are no orders in the applicant's military service records awarding him the Purple Heart. Further, it directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual is assigned. The preponderance of evidence in this case shows the applicant's recurrent dislocation of his right shoulder was not a result of hostile action.
ARMY | BCMR | CY2009 | 20090007291
Paragraph 2-13 of the awards regulation contains guidance on the VSM and states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN. Therefore, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 2 November 1966 through 1 November 1968 and to add this award to his record and DD Form 214 at this time. As a result, the Board...
ARMY | BCMR | CY2009 | 20090007295
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show Air Assault Training. 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.
ARMY | BCMR | CY2009 | 20090007297
The applicant requests correction of his military records to show his date of rank for lieutenant colonel as 16 December 2008. Orders B-01-900939, United States Army Human Resources Command, St. Louis, dated 30 January 2009, promoted the applicant to lieutenant colonel, pay grade O-5 with an effective date and date of rank of 1 January 2009. There is no evidence showing that the applicant was assigned to a higher graded position at any time between 26 February 2008, the date of his being...
ARMY | BCMR | CY2009 | 20090007298
The applicant requests, in effect, correction to his date of rank (DOR) for captain (CPT)/pay grade O-3 from 20 January 2006 to 1 March 2005 based upon the results of a March 2005 Troop Program Unit (TPU) Position Vacancy Board (PVB). In a memorandum, dated 18 February 2005, the applicant acknowledged that if he was selected for promotion to captain by the March 2005 PVB for TPU Positions, and wished to accept the promotion, he would first have to request removal from the AGR Program before...
ARMY | BCMR | CY2009 | 20090007303
As new issues, he requests correction of appropriate military records to show a reentry eligibility (RE) code which would allow enlistment, and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Air Assault Badge. The applicant requested, in effect, reconsideration of the Army Board for Correction of Military Records' (ABCMR) denial of his previous request for his UOTHC discharge to be upgraded to a general discharge which was...
ARMY | BCMR | CY2009 | 20090007304
The applicant states he requested separation under the provisions of the Trainee Discharge Program due to a family emergency and as such his DD Form 214 should show he was discharged because of hardship. There is no evidence of the existence of hardship circumstances with respect to a family emergency or that he submitted a request for discharge under the provisions of Army Regulation 635-200, chapter 6, for hardship reasons. Therefore, the applicant's request to change the reason for his...
ARMY | BCMR | CY2009 | 20090007307
The applicant requests that his home of record (HOR) on his military records be changed to show 1*** B***** Street, West City, Illinois 62812. This is especially significant since he provided information at the time of his enlistment in the Regular Army that fails to show that he ever resided at an address in West City, Illinois. 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 | 20090007311
The applicant requests that his undesirable discharge under other than honorable conditions be upgraded to a general discharge. On 29 October 1973, the applicant was returned to military authorities and on 13 November 1973 court-martial charges were preferred against him for being AWOL from on or about 2 July 1973 to on or about 29 October 1973. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily...
ARMY | BCMR | CY2009 | 20090007312
That office states the applicant erroneously requested payment of a $20,000 MSP retroactive to October 2008 and that he should have requested a $20,000 a year Incentive Specialty Pay (ISP) retroactive to 1 October 2008, based on his stated improper counseling by the local supporting military personnel office. The advisory official further stated that a review of the applicants military pay file contains no record of an ISP agreement being received from the command for the requested period...
ARMY | BCMR | CY2009 | 20090007320
Army Regulation 601-280 (Army Retention Program) paragraph 10-5 governs screening procedures and states, in pertinent part, that appropriate Department of the Army Selection Boards will review the performance portion of the OMPF, the DA Form 2A (Personnel Qualification Record Part-I) and DA Form 2-1 (Personnel Qualification Record Part-II), and other authorized documents. Army Regulation 601-280, paragraph 10-8 provides that a Soldier may appeal the bar to reenlistment imposed under QMP...
ARMY | BCMR | CY2009 | 20090007322
IN THE CASE OF: BOARD DATE: 5 January 2010 DOCKET NUMBER: AR20090007322 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. In the processing of this case a staff advisory opinion was obtained from the National Guard Bureau (NGB) which recommends approval of the applicants request to adjust his effective date for promotion to the ranks of 1LT to 12 January 2003 and 12 January 2005, respectively. Therefore, given the favorable support of the NGB and the fact that the applicant occupied a valid...
ARMY | BCMR | CY2009 | 20090007323
BOARD DATE: 1 September 2009 DOCKET NUMBER: AR20090007323 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). In accordance with Title 10, U. S. Code, section 1552, the authority under which this Board acts, the Army Board for Correction of Military Records is not empowered to set aside a conviction.
ARMY | BCMR | CY2009 | 20090007327
IN THE CASE OF: BOARD DATE: 15 December 2009 DOCKET NUMBER: AR20090007327 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. While attending the Signal Corps BOLC, Phase III between June and August 2007, she completed the APFT with a score of 225 and received a certificate of achievement for improving her APFT score by 67 points. The recommendation is that the applicant be promoted to 1LT with a DOR and an effective date of 19 September 2007.
ARMY | BCMR | CY2009 | 20090007329
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Cuba and all unit citations. The applicant's records contain a DA Form 638 (Recommendation for Award), dated 21 January 1995, that shows he was awarded the Army Achievement Medal for meritorious achievement while assigned to HHC, 1st Battalion, 12th Infantry, during the period 29 August 1994 to 7 February 1995 in support of Operation Sea Signal. ...
ARMY | BCMR | CY2009 | 20090007330
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. She also essentially requests that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her service in Southwest Asia. Army policy states that a discharge under other than honorable conditions is normally considered appropriate, but a general discharge under honorable conditions or an honorable discharge may be granted.
ARMY | BCMR | CY2009 | 20090007331
The applicant states the non-judicial punishment (NJP) that was imposed under Article 15, Uniform Code of Military Justice (UCMJ), was unjust for personal reasons, especially the reduction to private first class (PFC)/pay grade E-3. 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. ____________XXX__________ CHAIRPERSON I certify that herein is...
ARMY | BCMR | CY2009 | 20090007334
Application for correction of military records (with supporting documents provided, if any). On 25 April 1975, the separation authority approved the applicants separation under the provisions of Army Regulation 635-206 by reason of civil conviction and he directed the applicant receive a UD. On 28 September 1978, the Army Discharge Review Board, after careful consideration of the applicant's military records and all other available evidence, determined that the applicant's discharge was...
ARMY | BCMR | CY2009 | 20090007340
On 18 March 2008, he applied to the Army Discharge Review Board (ADRB) requesting that his narrative reason for separation and RE Code be changed. Army Regulation 635-200 (Personnel Separations Active duty Enlisted Administrative Separations) sets forth the basic authority for the separation of enlisted personnel. Army Regulation 635-200 states, in pertinent part, that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or...
ARMY | BCMR | CY2009 | 20090007346
Headquarters, United States Army Training Center and Fort Jackson, General General-Martial Order Number 13, dated 10 December 1998, shows that on 24 January 1998 the applicant was sentenced to be reduced to the grade of E-1, to forfeit all pay, and allowances; to be confined for 6 months, and to be discharged from the service with a bad conduct discharge. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable...
ARMY | BCMR | CY2009 | 20090007348
Application for correction of military records (with supporting documents provided, if any). A Boeblingen-Bindelfingen Military Community, Letter, Subject: Synopsis of Rehabilitation Activities, dated 4 December 1986, was rendered by the Clinical Director in response to a request for information received from the applicant's company commander. At the time of the applicants separation an honorable or general discharge was authorized.
ARMY | BCMR | CY2009 | 20090007349
The applicant requests: a. the DA Form 67-9 (Officer Evaluation Report (OER)) covering the rated period 9 March 2003 through 8 March 2004 (hereafter referred to as the first contested OER) and the DA Form 67-9 covering the rated period 9 March 2004 through 7 January 2005 (hereafter referred as the second contested OER) be completely removed from his records and replaced by documentation that, in effect, show these periods as non-rated time; and b. the OERs he has received for the last two...
ARMY | BCMR | CY2009 | 20090007351
IN THE CASE OF: BOARD DATE: 28 July 2009 DOCKET NUMBER: AR20090007351 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his Purple Heart 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). Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the applicant's units were awarded the Presidential Unit Citation for the period...
ARMY | BCMR | CY2009 | 20090007352
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 September 1991 to show the Army Achievement Medal, Army Good Conduct Medal, Southwest Asia Service Medal with 2 bronze service stars, Combat Infantryman Badge, Expert Infantryman Badge, Kuwait Liberation Medal-Government of Kuwait, and the Kuwait Liberation Medal-Saudi Arabia. There are no orders in the applicant's military personnel records awarding him the...
ARMY | BCMR | CY2009 | 20090007354
Application for correction of military records (with supporting documents provided, if any). On 6 April 2001, the separation authority approved the applicant's request for discharge and directed he be discharged under other than honorable conditions. 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 | 20090007356
BOARD DATE: 9 September 2009 DOCKET NUMBER: AR20090007356 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he held the rank and grade of sergeant/E5 (SGT) and that he earned the Army Commendation Medal with 1st Oak Leaf Cluster (ARCOM with OLC). The evidence of record confirms that the applicant was promoted to rank of SGT on 1 April 2009, and that this is the...
ARMY | BCMR | CY2009 | 20090007358
The ADRB case report also confirms that on 3 August 1964, the unit commander initiated action to discharge the applicant from active duty under the provisions of Army Regulation 635-209 (Personnel Separations - Discharge -Unsuitability), by reason of unsuitability (apathy, defective attitude, and inability to expend effort constructively). However, the Brotzman Memorandum requires that the revised provisions of Army Regulation 635-200 be applied retroactively when reviewing applications for...
ARMY | BCMR | CY2009 | 20090007359
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he was awarded the Purple Heart. There are no records showing that he was wounded in action in his military records.
ARMY | BCMR | CY2009 | 20090007360
The court sentenced the applicant to a reduction to private (PVT)/E-1, confinement for 60 days, and a bad conduct discharge. 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 characterized the misconduct for which the applicant was convicted.
ARMY | BCMR | CY2009 | 20090007361
The Soldier listed on the SPCM orders has the same name as the applicant; however, the Service Number listed on the orders is different from the applicant's. Therefore, the SPCM order in question was clearly filed in his record as a result of an administrative error and should be removed from his record at this time. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing Headquarters, Special Troops, Fort Campbell,...
ARMY | BCMR | CY2009 | 20090007363
The applicant requests an upgrade of his under other than honorable conditions discharge to a general, under honorable conditions discharge. The DD Form 214 he was issued shows he was discharged for the good of the service in lieu of a court-martial with a character of service of under other than honorable conditions. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.
ARMY | BCMR | CY2009 | 20090007364
There are no orders in the applicants service personnel records that show he was awarded the Combat Infantryman Badge. The evidence of record shows he completed training, was awarded, and served in MOS 76P throughout his military service. There is no evidence, and he has not shown, that he was awarded and/or served in an infantry MOS and was personally present and participated in active ground combat while assigned or attached to an infantry unit during his service in Vietnam.
ARMY | BCMR | CY2009 | 20090007365
The "JKA" SPD code is the correct code for Soldiers separating under chapter 14-12(c) of Army Regulation 635-200 by reason of misconduct. The evidence of record confirms that the applicants RE code was assigned based on the fact that she was discharged under the provisions of chapter 14 of Army Regulation 635-200 due to a pattern of misconduct. Those individuals can best advise a former service member as to the needs of the service at the time and may process enlistment waivers for the...
ARMY | BCMR | CY2009 | 20090007366
Counsel requests the applicant be reinstated in the Drill Sergeant (DS) Program and all related documents, including her letter of reprimand (LOR), letter of removal from the DS Program, and relief-for-cause noncommissioned officer evaluation report (NCOER), be removed from her official military personnel file (OMPF) or moved to the restricted fiche. c. The applicant's LOR and removal from the DS Program were false and unjust. The evidence of record confirms the applicant was involved in a...
ARMY | BCMR | CY2009 | 20090007367
Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Armed Forces Reserve Medal with "M" Device, Army Service Ribbon, and Army Lapel Button; and c. Item 18 (Remarks) shows was ordered to active duty in support of Operation Enduring Freedom in accordance with 10 USC 12302 and that he completed the period for which he was ordered to active duty for the purpose of post-service benefits and...
ARMY | BCMR | CY2009 | 20090007368
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. His records show he was advanced to pay PFC, pay grade E-3, on 1 April 2005. The evidence shows he was placed on the TDRL in the rank and pay grade of PFC, E-3.
ARMY | BCMR | CY2009 | 20090007370
Application for correction of military records (with supporting documents provided, if any). The applicant states he believes he should have been awarded the Combat Action Badge for the combat action he participated in while in Vietnam. Army Regulation 600-8-22 also states that award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.
ARMY | BCMR | CY2009 | 20090007371
This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's 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 was discharged on 9 October 1980 in pay grade E-1 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 11-2, as a result of court-martial with a character of service of bad...
ARMY | BCMR | CY2009 | 20090007372
Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service. Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 17 March 1965 to 16 March 1967. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2009 | 20090007373
The regulation also states that case files for approved separations (include elimination board proceedings, administrative discharge actions, resignations instead of board action, or separations for the good of the service) will be filed on the general administration fiche of the OMPF. Evidence of record shows the applicant, a first lieutenant, voluntarily tendered a request for resignation under the provisions of Army Regulation 600-8-24, chapter 3, for the good of the service in lieu of a...
ARMY | BCMR | CY2009 | 20090007374
The applicant states that he was recommended for and was awarded the Bronze Star Medal with "V" Device for his heroic action on 18 November 1967 and that as an infantryman assigned to an infantry unit in the Republic of Vietnam, he should have received the CIB. Item 32 (Prior Service) of his DD Form 4 (Enlistment Record) shows that on the date of his discharge for the purpose of reenlistment, he held military occupational specialty (MOS) 111.07 (Infantryman) and was assigned to Company D,...
ARMY | BCMR | CY2009 | 20090007377
The applicant requests, in effect, that Item 12a (Date Entered AD This Period) and the spelling of the name of the city in Items 7a (Home of Record at Time of Entry), 19a (Mailing Address After Separation), and 19b (Nearest Relative), recorded on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected. Therefore, based on the evidence in this case, the applicant is entitled to a correction in the spelling of the name of the city he reported as his home of record,...
ARMY | BCMR | CY2009 | 20090007382
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he was an Army National Guard specialist/pay grade E-4 with overseas service in Bosnia from October 1996 to April 1997 and that he was awarded the NATO Medal, two awards of the Army Achievement Medal (AAM), one award of the Army Commendation Medal (ARCOM), the Armed Forces Service Medal, the Armed Forces Service Medal (AFSM), the Army Service Ribbon (ASR), the Expert...
ARMY | BCMR | CY2009 | 20090007384
Application for correction of military records (with supporting documents provided, if any). The applicant, the widow of a deceased former service member, requests correction of the FSM's military records to show that he had elected to participate in the Survivor Benefit Plan (SBP). There is no evidence that the FSM or applicant took any action prior to the FSM's death to reverse their decision to not participate in SBP.
ARMY | BCMR | CY2009 | 20090007385
The applicant states that he was never given service credit for his USCG service from 1941 to 15 August 1945 or his USNR service from 21 October 1947 to 10 January 1949. The applicants records show he was honorably released from active duty on 31 July 1975 and was placed on the retired list in his retired grade of specialist six/E-6 on 1 August 1975. The evidence of record shows the applicant served in the USNR from 21 October 1947 to 20 October 1952.