ARMY | BCMR | CY2009 | 20090009016
It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal based on completion of a period of qualifying service of 3 years from 7 May 1963 through 6 May 1966. Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the first award of the Good Conduct Medal for...
ARMY | BCMR | CY2009 | 20090009018
On 1 February 2002, the Army Discharge Review Board granted the applicant relief in the form of an upgrade of his discharge to fully honorable. The SPD code of "JPD" is the correct code for Soldiers separated under chapter 9 of Army Regulation 635-200. The evidence of record shows the applicants RE code was assigned based on the fact that he was separated under the provisions of chapter 9 of Army Regulation 635-200, for drug and alcohol abuse rehabilitation failure.
ARMY | BCMR | CY2009 | 20090009020
The applicant states he was medically separated with severance pay. While the applicant requests an increase in his military disability rating based on information from the VA because his disabilities have worsened, he has provided no evidence to show the 1998 PEB's findings were incorrect. Subsequent VA ratings, and the fact that conditions may have worsened after separation, are not evidence of PEB error.
ARMY | BCMR | CY2009 | 20090009021
On 22 July 2005, the applicant's commander notified him that he was initiating action to separate him from the service under the provisions of Army Regulation 635-200, paragraph 5-13, due to a personality disorder. Army Regulation 635-200, paragraph 5-13, provides the criteria for discharge because of a personality disorder. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the...
ARMY | BCMR | CY2009 | 20090009024
On 2 October 2007, the applicant submitted a request to receive an Article 15 proceeding in lieu of trial by court-martial for the alleged offenses of violating Articles 86 and 91 of the UCMJ. In view of the evidence of record, it is clear the Article 15 proceeding in question was conducted in accordance with the governing law and regulation and the applicant has failed to satisfy the clear and compelling evidence regulatory standard that would support setting aside the Article 15 or the...
ARMY | BCMR | CY2009 | 20090009026
Although the applicant's record is void of entries, medical treatment records, or orders that show he was ever wounded in action, treated for a combat-related wound, or awarded the PH while serving on active duty, the citation contained in the applicants BSM with "V" Device orders confirm he was injured during combat action and that he was treated for his wounds subsequent to the action. Therefore, it would be appropriate and serve the interest of equity and justice to award the applicant...
ARMY | BCMR | CY2009 | 20090009028
The applicant provides, in support of his application, copies of his DD Form 214; three pages from his enlistment contract; a DA Form 4187 (Personnel Action); and his previous Army Board for Correction of Military Records (ABCMR) decision AR20040002622, dated 7 April 2005. The applicant's military personnel records show he enlisted in the Regular Army on 3 January 1985 for a period of 3 years. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2009 | 20090009030
DA Form 188 (Extract Copy of Morning Report), dated 22 April 1970, shows the applicant's duty status as follows: a. on 5 April 1970, he departed AWOL at 1700 hours from Company B, 3rd Battalion, 5th Advanced Individual Training (AIT) Brigade, Fort Polk, LA; b. on 8 April 1970, he was moved from AWOL status to surrendered at Holy Name of Jesus Hospital, Gadsden AL, at 2145 hours with scalp lacerations, a back injury, and the line-of-duty status undetermined; c. on 9 April 1970, he was shown...
ARMY | BCMR | CY2009 | 20090009031
The DD Form 215 shows that during his tenure in the Army he earned the Purple Heart (First Oak Leaf Cluster), Air Medal, Army Commendation Medal with "V" Device (First Oak Leaf Cluster), Vietnam Service Medal with three bronze service stars, Combat Infantryman Badge, and Republic of Vietnam Gallantry Cross with Palm Unit Citation. There is no evidence HRC granted the applicant's request for an upgrade of his Army Commendation Medal with "V" Device. The applicant's contention that his...
ARMY | BCMR | CY2009 | 20090009035
The applicant requests that all of the awards listed on his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). On 2 November 2005, a memorandum was prepared by the applicant's unit which superseded the 13 August 2004 memorandum and requested that the applicant be awarded the GWOTSM for the period of 26 November 2002 through 3 January 2003, the GWOTEM for the period of 4 January...
ARMY | BCMR | CY2009 | 20090009036
The applicant requests upgrade of his bad conduct discharge to an honorable discharge. At the time of his discharge he had completed 5 years, 10 months, and 28 days of net active service during the period of service under review. 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 | 20090009037
Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080017963, on 26 February 2009. Therefore, there is no basis for granting the applicants request to amend item 22a(2) on his DD Form 214 for the period ending 31 July 1972. Since the applicant was placed on the TDRL after his release from active duty on 31 July 1972, there is no...
ARMY | BCMR | CY2009 | 20090009039
The applicant provides a copy of item 38 (Record of Assignments) from his DA Form 20 (Enlisted Qualification Record), a listing of various missions summaries from the Vietnam Era, and 10 photographs taken in Vietnam on which the applicant identified himself or fellow unit members. The listing of various missions summaries from the Vietnam Era and the 10 photographs are considered new evidence not previously seen by the Board and as such warrant consideration. The list of mission...
ARMY | BCMR | CY2009 | 20090009041
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, correction of his records to show award of two additional Purple Hearts, Combat Infantryman Badge, Bronze Star Medal with "V" Device; his rank/grade as sergeant (SGT)/E-5; a second tour in Vietnam; and his date of separation as 11 February 1970. Without the applicant's service medical records, there is insufficient evidence to show that he was treated for any combat wounds except those incurred on 17...
ARMY | BCMR | CY2009 | 20090009042
The applicant's DD Form 214 shows he was discharged with an undesirable discharge on 14 July 1976 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. The applicants record of service included one nonjudicial punishment and 79 days of lost time.
ARMY | BCMR | CY2009 | 20090009043
Based on this information, the applicants request to have these awards added to his DD Form 214 will not be discussed further. There are no orders in the applicants service personnel records that show he was awarded the BSM. No evidence was found in his service personnel record or in the ADCARS data base to support addition of the BSM to the applicant's DD Form 214.
ARMY | BCMR | CY2009 | 20090009048
On 14 June 1974, after consulting with counsel, the applicant submitted a request for discharge for the good of the service under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 10. On 19 July 1974, the separation authority approved the applicants request for discharge and directed that he be furnished an undesirable discharge. Accordingly, the applicant was discharged with an undesirable discharge on 31 July 1974 under the provisions of Army Regulation 635-200,...
ARMY | BCMR | CY2009 | 20090009051
IN THE CASE OF: BOARD DATE: 15 December 2009 DOCKET NUMBER: AR20090009051 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his Reentry (RE) code be changed from RE-4 to RE-3 so that he can enlist. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge.
ARMY | BCMR | CY2009 | 20090009054
The applicant requests, in effect, removal of the 84 days of lost time from his WD AGO Form 53-55 (Honorable Discharge) dated 27 July 1946. He was shipped to Fort Dix, but got out on 27 July 1946 with the 84 days of lost time on his record. The applicant's military records are not available to the Board for review.
ARMY | BCMR | CY2009 | 20090009056
The applicant requests that his date of separation from active duty be corrected to include his time spent on the Temporary Disability Retired List (TDRL) and that this period of service be added to his time served. U. S. Army Physical Disability Agency Orders D227-14, dated 14 August 2008, removed the applicant from the TDRL and permanently retired him with a 50 percent disability rating. A Soldier will be transferred to the Permanent Retired List if their condition remains unchanged or...
ARMY | BCMR | CY2009 | 20090009057
The applicant states that he served in Kuwait and Iraq from 19 May 2006 to 13 June 2007; however, his DD Form 214 does not reflect that service. Accordingly, block 12f of his DD Form 214 should be corrected to reflect that he completed 11 months and 22 days of foreign service this period. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from block 12f of his DD Form 214 for the period ending 31 October 2008...
ARMY | BCMR | CY2009 | 20090009058
He also states that he is not certain that orders for the Combat Infantryman Badge were done because he rotated from Vietnam in 1966 without his military personnel file and records. There is no evidence to show that the applicant was awarded the Combat Infantryman Badge while he served in Vietnam. While the evidence shows the applicant served in an infantry MOS and in an infantry unit during his service in Vietnam, there is no evidence of record and the applicant did not provide any...
ARMY | BCMR | CY2009 | 20090009061
On 9 January 1980, the company commander notified the applicant of his intent to initiate separation action to effect his discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Separations), chapter 14 (Misconduct), paragraph 14-33b(1), based on frequent incidents of a discreditable nature with civil or military authorities. On 29 January 1980, the battalion commander provided the separation authority in the applicant's case with a summary of the...
ARMY | BCMR | CY2009 | 20090009062
The applicant's military records show that he enlisted in the Regular Army on 24 June 2003. The evidence provided by the applicant was carefully considered. The applicant's narrative reason for separation was based on his discharge under the provisions of Chapter 10, Army Regulation 635-200 due to his voluntary request for discharge in lieu of trial by court-martial.
ARMY | BCMR | CY2009 | 20090009063
On 20 December 1990, the applicant requested discharge for the good of the service under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations). Rather, it is only empowered to change the severity of the sentence imposed in the court-martial process and then only if clemency is determined to be appropriate. After a thorough review of the applicants record and issues the Board found no basis for granting clemency in this case.
ARMY | BCMR | CY2009 | 20090009069
The applicant requests, in effect, that her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 11 July 1984, which will simply be referred to as her DD Form 214 throughout the remainder of these proceedings, be corrected to show that she entered active duty on 7 October 1981 instead of 14 September 1982. The applicant's military records show that she enlisted in the USAR on 23 July 1981. As the applicant's ADT from 7 October 1981 to 10 March 1982 while...
ARMY | BCMR | CY2009 | 20090009071
The applicant requests, in effect, that his reentry eligibility (RE) code of RE-3 be changed. By regulation, the SPD code of KDB and the RE code of RE-3 are the proper codes assigned to members separated under the provisions of Army Regulation 635-200 by reason of hardship. Those individuals can best advise a former service member as to the needs of the service at the time and are required to process waivers of RE codes.
ARMY | BCMR | CY2009 | 20090009072
The letter states he suffered the back injury in June 1967 while in military service in Vietnam. An SF 513 (Clinical Record - Consultation Sheet), dated 18 December 1969, shows the applicant was seen at the United States Naval Hospital, St. Albans, New York, for recurrent back pain. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.
ARMY | BCMR | CY2009 | 20090009074
The applicant requests, in effect, that his discharge under other than honorable conditions be upgraded. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. ABCMR Record of Proceedings (cont) AR20090009074 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090009074 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2009 | 20090009077
Therefore, his request for award of the Purple Heart was denied by the Board. The letters of support submitted with this request for reconsideration clearly state that the applicant was wounded in action. The photographs that reportedly show the applicant's wounds bandaged are insufficient by themselves as a basis for award of the Purple Heart.
ARMY | BCMR | CY2009 | 20090009078
The applicant requests, in effect, his honorable discharge to changed to reflect a medical retirement or discharge. 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. On 1 November 1977, the applicant was discharged under the provisions of paragraph 5-37 of Army Regulation 635-200 (Personnel Separations).
ARMY | BCMR | CY2009 | 20090009080
The applicant states he was wounded during the Korean conflict as a result of enemy action, but was not awarded the Purple Heart. In his undated, self-authored statement, the applicant states that while on the front line in Korea, he experienced a partial loss of hearing and an ear ache in his right ear. He was taken to the forward aid station and then to the rear to see an ear doctor near Seoul, Korea.
ARMY | BCMR | CY2009 | 20090009083
The applicant requests an upgrade of his general discharge to an honorable discharge. However, his records contain a properly constituted DD Form 214 that shows he was discharged on 28 February 1992 under the provisions of chapter 13 of Army Regulation 635-200 (Personnel Separations) by reason of unsatisfactory performance with a character of service of under honorable conditions (general). _______ _ _x______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of...
ARMY | BCMR | CY2009 | 20090009084
The applicant's DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows he enlisted into the U.S. Army Reserve (USAR) on 9 May 1996 for a period of 8 years. The applicant's record contains a properly-constituted DD Form 214. Therefore, the entry in item 12b of his DD Form 214 is correct as constituted and there is no basis for changing item 12b of his DD Form 214 to show any further active service beyond his completion of ADT on 26 February 1997.
ARMY | BCMR | CY2009 | 20090009088
The applicant states, in effect, that when he reenlisted in the United States Army Reserve (USAR) on 13 May 2002 for 6 years, he was told that he would receive $20,000 in college loan repayments in exchange for his commitment. The Office of The Deputy Chief of Staff, G-1 opines in its advisory opinion that although the applicant's MOS was not authorized $20,000 in college loan repayment without an additional ASI at the time of his reenlistment, based on the confusion of recruiters and the...
ARMY | BCMR | CY2009 | 20090009090
On 22 September 2006, the Army Discharge Review Board denied the applicants request for an upgrade of his discharge. The applicant has failed to show, through evidence, or the evidence of record, that his separation which resulted in him receiving an RE code of 3 was in error. The applicant has provided insufficient evidence to show his discharge was unjust.
ARMY | BCMR | CY2009 | 20090009091
Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080001054, on 29 April 2008. In the applicants original proceedings it was noted that his file contained a Disposition Form (DF) noting that on 4 June 1968 he was granted medical clearance to perform flight duty following aircraft accident. A further review of the applicants...
ARMY | BCMR | CY2009 | 20090009094
The applicant requests his dishonorable discharge be upgraded to a bad conduct discharge or an honorable discharge. The evidence of records shows the applicant was 18 years and 10 months of age at the time of his enlistment and 19 years of age at the time of committing his offense. Conviction and discharge were effected in accordance with applicable laws and regulations and the discharge appropriately characterizes the misconduct for which the applicant was convicted.
ARMY | BCMR | CY2009 | 20090009096
Application for correction of military records (with supporting documents provided, if any). Counsel requests correction of the applicants records to show he was entitled to receive the $44,132.65 that he was initially paid. In the alternative, the applicant and his counsel contend that the applicant should be granted a waiver of the debt or, if the claims were erroneously paid based on improper receipts or documentation, the records should be corrected to show the applicant provided...
ARMY | BCMR | CY2009 | 20090009098
The applicant requests that his bad conduct discharge be upgraded to an honorable discharge. 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. 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 | 20090009101
The applicant states that his service in Korat, Thailand, should be recognized as "in direct support of operations in Vietnam." The applicant submitted a copy of the 4th Maintenance Battalion Morning Report, dated 27 January 1966, which reported him returning from a TDY status to the 9th Logistical Command, Thailand. However, there is insufficient evidence that shows his service was in direct support of operations in Vietnam.
ARMY | BCMR | CY2009 | 20090009103
The applicant requests correction of his honorable discharge for completion of required active service to a medical retirement. The MEBD referred the applicant's case to the Physical Evaluation Board (PEB). Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 41, states, in pertinent part, that Soldiers charged with an offense under the UCMJ or who are under investigation for an offense(s) chargeable under the UCMJ which could result in...
ARMY | BCMR | CY2009 | 20090009107
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his under other than honorable conditions 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.
ARMY | BCMR | CY2009 | 20090009109
The applicant requests that his general discharge be upgraded to an honorable discharge. The applicants record of service included nonjudicial punishment for using cocaine. Therefore, the applicant's record of service is insufficiently meritorious to warrant an honorable discharge.
ARMY | BCMR | CY2009 | 20090009110
Application for correction of military records (with supporting documents provided, if any). Counsel requests, in effect, reconsideration of the applicant's earlier petition to the Army Board for Correction of Military Records (ABCMR) to be awarded the Iraq Campaign Medal (ICM) and Combat Action Badge (CAB). As a result, there was insufficient evidence to support award of the ICM and/or the CAB.
ARMY | BCMR | CY2009 | 20090009114
Evidence of record show the applicant's rank at the time of his discharge was SP4. In the absence of promotion orders to SP5, there is insufficient evidence on which to amend items 5a and 5b on his 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 of Military Records in this case.
ARMY | BCMR | CY2009 | 20090009116
The applicant, the widow of a deceased former service member (FSM), requests correction of the WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) of her late husband by adding the Combat Infantryman Badge (CIB) and a "Century Division Rangers Certificate of Proficiency." The evidence further confirms the FSM was receiving combat infantry pay at the time of his separation, which was only authorized to holders of the CIB, as evidenced by the WD Form 372 A...
ARMY | BCMR | CY2009 | 20090009117
The applicant states that his request to the Army to annotate his service in Iraq during the period January 2004 through April 2004 on his DD Form 214 has been denied. The applicant provides the following documents in support of his application: self-authored statement; third-party statements; DD Form 214; DD Form 215 (Correction to DD Form 214); Enlisted Record Brief; and board proceedings, dated 27 February 2007 and 28 October 2008. In this case, the entry "SERVICE IN IRAQ FROM...
ARMY | BCMR | CY2009 | 20090009122
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. Counsel cited that the alleged steroids were never forensically tested, the applicant refused to accept possession of the package, and that the applicant believed the substance he ordered was a legal form of Sustanon 250, as justification for his request. Certain facts in the case are undisputed: the applicant ordered Sustanon 250 online; the mailroom received a package for the applicant from an address in Pakistan; that package contained 115 1...
ARMY | BCMR | CY2009 | 20090009123
The applicant requests, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Korean Service Medal. The applicants military records are not available to the Board for review. In the absence of documentary evidence in the form of assignment/attachment orders, temporary change of duty orders, a DA Form 24 (Service Record), or any other documentary evidence that establishes his service in Korea, there is insufficient...