ARMY | BCMR | CY2009 | 20090008373
IN THE CASE OF: BOARD DATE: 8 October 2009 DOCKET NUMBER: AR20090008373 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant provides, in support of his applications, two DD Forms 149 (Application for Correction of Military Records Under the Provisions of Title 10, U.S. Code, section 1552, dated 20 April; 2009 and 27 May 2009; DD Forms 214 (Report of Transfer or Discharge) for the periods ending 15 August 1957 and 25 October 1969; an ARPC Form 271 (Reserve Order EK - 2343), dated 5...
ARMY | BCMR | CY2009 | 20090008375
BOARD DATE: 1 October 2009 DOCKET NUMBER: AR20090008375 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. On 22 August 1993, he again enlisted in the ALARNG and he served until he was honorably discharged on 26 February 2001 under the provisions of National Guard Regulation 600-200 (Enlisted Personnel Management) due to failure to muster. Pertinent Army regulations provide that prior to discharge or REFRAD, individuals will be assigned RE codes, based on their service records or the reason...
ARMY | BCMR | CY2009 | 20090008401
Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides that a separation code of JKK will be issued to enlisted personnel separated from the service under the provisions of Army Regulation 635-200, paragraph 14-12c(2), due to misconduct. As the applicant was separated under the provisions of Army Regulation 635-200, paragraph 14-12c(2) for misconduct due to abuse of illegal drugs he was properly issued a separation code of JKK and an RE code of 4 in accordance with...
ARMY | BCMR | CY2009 | 20090008403
Although the applicant contends that he was wounded in action, on 3 December 1968, there is no evidence of record which shows he was in Vietnam on that date. Medical evidence of record shows the applicant was accidentally injured in Vietnam on 3 December 1967, not as a result of hostile action. _______ _ _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 | 20090008404
His DA Form 20 shows he was assigned to the 99th Engineer Company at Fort Belvoir, Virginia, from 15 October 1965 until he was released from active duty on 24 May 1967. There is no evidence of record which shows the applicant served in Vietnam. Therefore, there is insufficient evidence on which to amend his DD Form 214 to show any foreign service.
ARMY | BCMR | CY2009 | 20090008406
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. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. Therefore, the Board determined that the overall merits of this case are insufficient as a...
ARMY | BCMR | CY2009 | 20090008412
The applicant states, in effect, that the below special additional information was omitted on his DD Form 214: a. item 23 (Type of Separation); b. item 24 (Character of Service); c. item 25 (Separation Authority); d. item 26 (Separation Code); e. item 27 (Reentry Code); f. item 28 (Narrative Reason for Separation); and g. item 29 (Dates of Time Lost During this Period). Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release...
ARMY | BCMR | CY2009 | 20090008414
The applicant requests that his DD Form 214 (Report of Separation from Active Duty) be corrected to show his characterization of service. Based on the evidence of record and the regulatory guidance, in effect at the time of the applicant's relief from ADT, he is entitled to have his record corrected to show his period of active service from 24 June to 23 October 1975 as an honorable characterization. In addition, the applicant's separation document lacks the required entries to accurately...
ARMY | BCMR | CY2009 | 20090008417
Application for correction of military records (with supporting documents provided, if any). The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 19 July 1971 through 13 November 1971, at which time he departed absent without leave (AWOL) from his unit in the RVN. Item 40 of the applicant's DA Form 20 is blank and the PH is not included in the list of awards contained in item 41, which indicates he was never wounded in action or...
ARMY | BCMR | CY2009 | 20090008418
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 16 December 1975, the appropriate authority approved the applicant's request for discharge for the good of the service and directed that a UD Certificate be issued and that the applicant be reduced to pay grade E-1. The applicant was discharged on 6 January 1976 in pay grade E-1 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial with his service characterized as...
ARMY | BCMR | CY2009 | 20090008422
IN THE CASE OF: BOARD DATE: 24 September 2009 DOCKET NUMBER: AR20090008422 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. In the absence of orders or other evidence of record showing that the applicant was injured or treated for wounds as a result of hostile action in Vietnam, the radiology report provided by the applicant is...
ARMY | BCMR | CY2009 | 20090008429
The applicant requests that the character of service "UNCHARACTERIZED" be changed to honorable on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 23 April 2003. On 14 April 2003, the applicants commander signed an elimination packet on the applicant for separation under the provisions of Army Regulation 635-200, chapter 11, entry-level status performance and conduct. Unless the reason for separation requires a specific characterization, a...
ARMY | BCMR | CY2009 | 20090008430
The applicants military record shows that after having prior honorable active duty service during the period 1 September 1972 through 25 August 1975, the applicant enlisted in the Regular Army (RA) on 24 June 1976. The unit commander notified the applicant that he was initiating separation action on him under the provisions of chapter 9, Army Regulation 635-200, based on his enrollment in TRAC II of the ADAPCP and subsequent rehabilitation failure in that program, the MP identification of...
ARMY | BCMR | CY2009 | 20090008431
This foreign unit award is not shown on the applicant's WD AGO Form 53-55 despite the fact an entry appears on a WD AGO Form 24-3 (Service Record) on file in the applicant's service record. The applicant served on active duty as a member of the Army of the United States during the qualifying period for award of the World War II Victory Medal. 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...
ARMY | BCMR | CY2009 | 20090008432
The applicants DD Form 214 shows that he was awarded the Korean Service Medal w/one bronze service star. However, based on the applicable regulation the applicant is entitled to the National Defense Service Medal and the Republic of Korea War Service Medal and his DD Form 214 should be corrected to reflect these awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show that he was awarded...
ARMY | BCMR | CY2009 | 20090008433
The applicant requests correction of his military records to show award of the Combat Infantryman Badge for his service in the Republic of Vietnam. General Orders Number 4597, United States Military Assistance Command, Vietnam, dated 27 August 1970, awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force during the period April 1970 to August 1970. There is no available evidence of record and the applicant has not...
ARMY | BCMR | CY2009 | 20090008434
IN THE CASE OF: BOARD DATE: 14 OCTOBER 2009 DOCKET NUMBER: AR20090008434 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The evidence of record confirms the applicant served in C Company, 1st Battalion, 12th Cavalry Regiment during the period 15 January through 2 November 1971, and that his unit was awarded the VUA for a period (23 September through 25 October 1971) during the applicant's tenure of assignment. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2009 | 20090008436
Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal is awarded to individuals who have completed a qualifying period of active duty enlisted service. Records show that the applicant participated in four campaigns during his service in the Republic of Vietnam. As a result, the Board recommends that all Department of the Army records of the individual be corrected by: a. deleting from item 24 of the applicant's DD Form 214 the Vietnam Service...
ARMY | BCMR | CY2009 | 20090008437
Application for correction of military records (with supporting documents provided, if any). As a result, absent any evidence of record or independent evidence that shows he was performing crewmember or non-crewmember flight duties that qualified him for the AM, or that he was recommended for or awarded the AM by proper authority while serving on active duty, there is an insufficient evidentiary basis to support granting this portion of the requested relief. While there is insufficient...
ARMY | BCMR | CY2009 | 20090008438
Item 22 (Military Occupational Specialties) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the applicant was awarded primary MOS 44E (Machinist) and secondary MOS 67N effective 16 March 1971. However, his DA Form 20 shows he was awarded primary MOS 44E and secondary MOS 67N effective 16 March 1971 and his DD Form 214 shows his date of rank to SP5 as 16 March 1971. That promotion would have required him to be awarded primary MOS 44E.
ARMY | BCMR | CY2009 | 20090008440
BOARD DATE: 22 October 2009 DOCKET NUMBER: AR20090008440 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states that he is entitled to award of the Overseas Service Ribbon, the Army Service Ribbon, and the Noncommissioned Officer Profes-sional Development Ribbon retroactively in accordance with the provisions of Army Regulation 600-8-22 (Military Awards). This regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National...
ARMY | BCMR | CY2009 | 20090008442
Army Regulation 600-8-22 (Military Awards) states that award of the Iraq Campaign Medal is authorized for service in direct support of Operation Iraqi Freedom on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of the operation. 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 Iraq Campaign Medal with four bronze service stars. b. adding...
ARMY | BCMR | CY2009 | 20090008443
The applicant's records show he was inducted into the Army of the United States and entered active duty on 6 March 1968. Item 24 does not show award of the Purple Heart. There are no general orders that show the applicant was awarded the Purple Heart; there is no evidence in his service personnel records that shows he was wounded, or injured as a result of hostile action, or treated for such wounds; and his name is not shown on the Vietnam casualty roster.
ARMY | BCMR | CY2009 | 20090008444
The applicants DD Form 214 shows he was discharged under honorable conditions in the rank/grade of private first class (PFC)/E-3 on 14 April 1958 under the provisions of paragraph 2 of Army Regulation 635-205 with SPN 741 and Department of the Army Circular 635-2, dated 19 August 1957. SPN codes, in effect at the time, were issued to all discharging military personnel. The available evidence of record shows the applicant was issued an order on 11 April 1958 that directed his discharge...
ARMY | BCMR | CY2009 | 20090008447
Application for correction of military records (with supporting documents provided, if any). Unfortunately, there is no evidence which shows the applicant was awarded or recommended for award of the Bronze Star Medal. Therefore, there is insufficient evidence on which to base correcting the applicant's records by adding the Bronze Star Medal.
ARMY | BCMR | CY2009 | 20090008449
Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period from 27 July 1950 through 27 July 1954, from 1 January 1961 through 14 August 1974, from 2 August 1990 through 30 November 1995, and from 11 September 2001 to a date to be determined. Therefore, the preponderance of evidence in this case shows the applicant is entitled to the award of the Combat Infantryman Badge and to have it included on...
ARMY | BCMR | CY2009 | 20090008450
On 24 October 2008, a MEBD convened at Fort Benning, GA, and after consideration of clinical records, laboratory findings, and physical examinations, the MEBD found that the applicant was diagnosed as having the non-medically acceptable conditions of ischemic colitis with chronic abdominal pain and bowel dysfunction, pulmonary embolism with IVC filter and Coumadin therapy, obstructive sleep apnea, and cubital tunnel syndrome, and the medically-acceptable conditions of prostate cancer,...
ARMY | BCMR | CY2009 | 20090008453
The DD Form 214 shows the applicant was separated under the provisions of Army Regulation 635-200, Chapter 10, for the good of the service in lieu of court-martial with an undesirable discharge. There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. Chapter 10 of the version in effect at the time provided that a member who committed an offense or offenses for which the authorized...
ARMY | BCMR | CY2009 | 20090008454
The applicant requests, in effect, a correction of his records by issuance of a separate DD Form 214 (Certificate of Release or Discharge from Active Duty) for his first period of service which was combined with his subsequent service. It provides that, effective 1 October 1979, DD Forms 214 are not issued to enlisted service members who are discharged for immediate reenlistment. Army Regulation 635-5, in effect at the time, stated that all service entered in item 12c (Net Active Service...
ARMY | BCMR | CY2009 | 20090008456
The applicant requests, in effect, that his discharge be upgraded to an honorable discharge. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. There is no evidence the applicant applied to the Army Discharge Review Board (ADRB) within its 15-year statute of limitations for an upgrade of his discharge.
ARMY | BCMR | CY2009 | 20090008458
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 24 July 1980 to show his training in military occupational specialty (MOS) 31V (Tactical Communications System Operator/Mechanic) and his 3-month assignment for Reforger-85 in the Federal Republic of Germany. The applicant's DD Form 214 shows: a. in item 11 (Primary Specialty Number and Title), 36K1O (Tactical Wire Operations Specialist); b. in item...
ARMY | BCMR | CY2009 | 20090008459
The applicant's WD AGO Form 53-55 for the period ending 14 March 1945 shows: a. that on 9 February 1941, he entered active duty in a PS unit; b. that his rank on the document shows private first class (PFC); c. he was authorized to wear the American Defense Service Medal with one bronze service star, Asiatic-Pacific Theater Campaign Medal with one bronze service star, Distinguished Unit Award with two Oak Leaf Clusters, Philippine Liberation Ribbon with one bronze service star, Philippine...
ARMY | BCMR | CY2009 | 20090008465
He states that the highest military pay grade he held was O-3 with at least 4 years and 1 day of active duty service (or more than 1,460 retirement points) and a total of 2,920 points for retired pay as an enlisted/warrant officer. Therefore, it would be appropriate to correct the applicant's records to show he was placed on the retire list in the rank of CPT/pay grade O-3 and authorized retired pay in that grade effective 3 March 2008. As a result, the Board recommends that all Department...
ARMY | BCMR | CY2009 | 20090008469
The applicant requests that the records of his deceased father, a former service member (FSM), be corrected to show award of the Silver Star and all other authorized awards and decorations. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 33 of the FSM's amended WD AGO Form 53-55 the entries "2 Bronze Service Stars" and "European African Middle Eastern Theater Ribbon WDC 62 44"; and b. adding to item...
ARMY | BCMR | CY2009 | 20090008471
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his records to show he was held as a prisoner of war (POW) and that he retired in pay grade E-8. There is no evidence of record and the applicant provides insufficient evidence to show he was in a POW status at any time during his military service.
ARMY | BCMR | CY2009 | 20090008472
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his 30 April 1988 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that he retired in the rank of first sergeant (1SG). Army Regulation 635-200 (Personnel Separations), chapter 12, states that noncommissioned officers holding the grade of MSG at retirement, whose records show successful service as a 1SG, will be placed on the Retired...
ARMY | BCMR | CY2009 | 20090008473
The applicant requests that his undesirable discharge be upgraded to an honorable discharge. On 30 November 1971, his request was approved under the provisions of chapter 10, Army Regulation 635-200. b. Paragraph 3-7b states that a General Discharge (GD) is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2009 | 20090008474
His records contained a copy of a Bronze Star Medal citation for distinguished service in the Republic of Vietnam during the period October 1970 to September 1971 while serving the Capital Military Advisory Team, US Army Military Assistance Command Vietnam (MACV). The applicant provides a copy of his DD Form 214, dated 3 October 1971, and a copy of an unsigned/undated citation showing award of the Bronze Star Medal in support of his request. Item 41 (Awards and Decorations) of the...
ARMY | BCMR | CY2009 | 20090008476
The applicant requests, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show two awards of the Good Conduct Medal, the Expert Infantryman Badge, and the Senior Parachutist Badge. Since the applicant's military records show his conduct and efficiency ratings were excellent during the period 31 May 1955 through 30 May 1958, it appears he met the eligibility criteria for the first award of the Good Conduct Medal based on completion of a period of qualifying...
ARMY | BCMR | CY2009 | 20090008477
However, a Report of Proceedings of Board of Officers, dated 9 May 1967, states the recommendations of the Board of Officers that the applicant be discharged under the provisions of Army Regulation 635-206 and issued an undesirable discharge are approved. 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. Paragraph 3-7b provides that a general discharge is a separation from the Army...
ARMY | BCMR | CY2009 | 20090008480
On 17 May 2008, the battalion commander (appointing authority) formally disapproved the financial liability findings based on his conclusion that the proximate cause for the loss of the items in question is simple negligence on the part of the applicant as the company commander and he alone should be held financially liable for the full amount of $2255.25. The evidence of record confirms the investigation process, including legal reviews, was properly accomplished in accordance with the...
ARMY | BCMR | CY2009 | 20090008482
There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge with that Board's 15-year statute of limitations. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. The evidence of record shows the applicant was 17 years of age at the time he enlisted.
ARMY | BCMR | CY2009 | 20090008486
Application for correction of military records (with supporting documents provided, if any). There is no evidence in the applicant's records that shows that he was wounded in action while he was in Vietnam. However, there is no evidence in the available records that shows he was ever wounded in action while he was in Vietnam and the available evidence is not sufficient to award the Purple Heart.
ARMY | BCMR | CY2009 | 20090008488
IN THE CASE OF: BOARD DATE: 8 October 2009 DOCKET NUMBER: AR20090008488 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests reconsideration of his earlier application for correction of his military records to set aside his nonjudicial punishment (NJP) and to restore his rank. The applicant essentially repeats his contentions stated in the original Board proceedings but includes additional details about when and where the events took place that led to the NJP action.
ARMY | BCMR | CY2009 | 20090008493
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Southwest Asia Service Medal, the Kuwait Liberation Medal, the Army Commendation Medal, and the Overseas Service Medal (2nd Award). However, the applicants records do not contain permanent orders that show he was awarded the Army Commendation Medal. With respect to award of the Southwest Asia Service Medal, the evidence of record shows the applicant served in Southwest...
ARMY | BCMR | CY2009 | 20090008499
The applicant requests an upgrade of his under honorable conditions (general) discharge to fully honorable. On 26 November 1971, by endorsement, the applicant's immediate commander was notified that the applicant's discharge was approved under the provisions of DA Message 242110Z Sep 71 with the issuance of a General Discharge Certificate by reason of failure to demonstrate adequate potential for promotion advancement. Army Regulation 635-200, in effect at the time, set forth the basic...
ARMY | BCMR | CY2009 | 20090008500
The certificate that the applicant submitted shows that he was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 1 May 1970. However, there is no evidence in the available record that shows that he was awarded the Purple Heart. ____________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 | 20090008502
He also requests, in effect, that his Enlisted Record Brief (ERB) be corrected to reflect the actual dates and length of time of his service in Korea. Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. He was subsequently evacuated as a result of his injuries and according to the applicable...
ARMY | BCMR | CY2009 | 20090008503
Application for correction of military records (with supporting documents provided, if any). Additionally, there is no evidence in the available record that shows he was wounded or awarded the Purple Heart and a review of the Vietnam Casualty Roster failed to show he was wounded in action while he was in Vietnam. To substantiate award of the Purple Heart, the applicant must provide evidence to show he was wounded as a result of hostile action.
ARMY | BCMR | CY2009 | 20090008506
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Korea Defense Service Medal (KDSM). Records show the applicant participated in four campaigns during his assignment in Vietnam.