ARMY | BCMR | CY2009 | 20090009124
The applicant requests that his bad conduct discharge be upgraded to an honorable discharge. The applicant states, in effect, that he was in the military for 3 years and that he served well. 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 | 20090009128
The applicant requests that his records be corrected to show he was placed on the Retired List in the rank of specialist four/SP4 on 12 April 1974. Based on the evidence of record, the applicant was evaluated by an MEBD and then a PEB which placed him on the TDRL. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was permanently retired with 70-percent disability in the grade of SP4/E-4 on 20 March 1974.
ARMY | BCMR | CY2009 | 20090009130
The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged on 11 January 1989 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Separations), section III (Acts or Patterns of Misconduct), paragraph 14-12b, based on a pattern of misconduct and his service was characterized as under honorable conditions. There is no evidence the applicant applied to the Army Discharge Review Board for an upgrade of his discharge...
ARMY | BCMR | CY2009 | 20090009131
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his date of release from active duty for training (ADT) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The available records show that the applicant was admitted to the U.S. Army Hospital, Fort Leonard Wood in May 1958 for an acute upper respiratory infection, and that he was hospitalized for 8 days.
ARMY | BCMR | CY2009 | 20090009134
The applicant's DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960) as authorized awards. Orders show the applicant was awarded the Army Commendation Medal. 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 Army Good Conduct Medal for the period 15 May 1968 through 18 December 1969; and b....
ARMY | BCMR | CY2009 | 20090009141
On 23 July 2008, the applicant requested separation under the provisions of paragraph 8-1 of Army Regulation 635-200, by reason of pregnancy. The "MDF" SPD code is the correct code for Soldiers separating (voluntary) under chapter 8 of Army Regulation 635-200 by reason of pregnancy or childbirth and the SPD "MDB" is the correct code for Soldier's separating (voluntary) under chapter 6 of Army Regulation 635-200 by reason of hardship. The evidence of record shows that the applicant became...
ARMY | BCMR | CY2009 | 20090009147
These documents were on file in the applicant's service personnel record, but it appears their publication and distribution were not timely enough to have been added to his DD Form 214 at his release from active duty; therefore, the Bronze Star Medal is not shown on the applicant's DD Form 214. Army Regulation 672-5-1 (Awards), in effect at the time of the applicant's separation, provided that the Army Good Conduct Medal was awarded to individuals who distinguished themselves by their...
ARMY | BCMR | CY2009 | 20090009149
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant provides, in support of his application, a statement of support from a former Soldier who attests to the applicants TDY (Temporary Duty) status in Vietnam, along with copies of his travel settlement documents, military pay voucher, and DD Form 214; a copy of his (the applicant's) DD Form 214; and a statement from a Veterans' Services Coordinator attesting to the believability of the supporting statement. The statement...
ARMY | BCMR | CY2009 | 20090009150
Records show the applicant served in the Republic of Vietnam from 3 November 1968 to 24 January 1969. Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. Therefore, he is entitled to correction of his records to show these two unit awards.
ARMY | BCMR | CY2009 | 20090009152
The applicant requests that his records be corrected to show award of the Purple Heart. While the applicant contends he received a head wound while serving in Vietnam, there is no evidence in his available military personnel records or any corroborating evidence which shows he was wounded or injured as a result of hostile action or he was recommended for or awarded the Purple Heart. In the absence of evidence that shows the applicant was wounded or injured as a result of hostile action and...
ARMY | BCMR | CY2009 | 20090009154
The applicant provides numerous certificates of training; orders for two awards of the Army Achievement Medal; memoranda, dated 3 October 2003 and 21 January 2005; a DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States); a medical record, dated 11 February 2009; a copy of his DD Form 214; a general court-martial order; a Notice of Court-Martial Order Correction; and a letter, dated 18 March 2009, from a Member of Congress in support of...
ARMY | BCMR | CY2009 | 20090009156
The applicant provides the following documents in support of his request for reconsideration: a. letter from the Army Board for Correction of Military Records Board, dated 10 September 2008; b. letter from the National Archives and Records Administration, dated 9 October 2008; c. DD Form 214 (Armed Forces of the United States Report of Transfer); and d. Department of Veterans Affairs (DVA) Decision Review Officer Decision, dated 14 April 2009. The applicant has provided new evidence, which...
ARMY | BCMR | CY2009 | 20090009158
The applicant requests that her bad conduct discharge (BCD) be upgraded to an honorable discharge. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. The conviction and discharge were effected in accordance with applicable law and regulations and the discharge appropriately characterizes the misconduct for which the applicant was convicted.
ARMY | BCMR | CY2009 | 20090009163
The applicant requests reconsideration of his previous request to correct his records to show he was transferred to the Individual Ready Reserve (IRR), on 6 January 2003, and then to the Retired Reserve, instead of being discharged. He states that paragraph 3 of the ABCMRs decision states that his records contain ARPERSCOM Orders D-01-200737, dated 8 January 2002, that erroneously show he was honorably discharged from the United States Army Reserve (USAR) on 8 January 2002 and that it...
ARMY | BCMR | CY2009 | 20090009165
The applicant provides a self-authored letter, dated 18 November 2008, requesting that his father be awarded the Purple Heart; a copy of the deceased FSMs State of Louisiana Certificate of Death; a copy of his deceased mothers State of Louisiana Certificate of Death; two copies of a memorandum from the deceased FSM addressed to the Adjutant General, dated 22 August 1945, requesting that he be furnished copies of orders awarding him the Purple Heart; two copies of the deceased FSMs...
ARMY | BCMR | CY2009 | 20090009166
The applicant states that his first award of the Bronze Star Medal is not reflected on his DD Form 214 and that due to typographical errors an incorrect SSAN is reflected on General Orders Number 268. On 13 February 2009, the applicant was furnished a DD Form 215 correcting his DD Form 214, dated 19 January 1969, to delete the Bronze Star Medal with "V" Device and to add the Bronze Star Medal (First Oak Leaf Cluster) with "V" Device, Presidential Unit Citation, Meritorious Unit...
ARMY | BCMR | CY2009 | 20090009175
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. However, orders show the applicant received two awards of the Air Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the entries "Bronze Star Medal,"...
ARMY | BCMR | CY2009 | 20090009177
He also requests, in effect, correction to his records to show his award of the Meritorious Service Medal. The applicants military records show he was commissioned in the U.S. Army Reserve (USAR) as a first lieutenant effective 20 June 1990, with prior enlisted service. The applicant's ARPC Form 249-E (Chronological Statement of Retirement Points), dated 20 August 2009, shows he was credited with 18 years, 11 months, and 12 days of qualifying years for retirement as of 11 November 2008.
ARMY | BCMR | CY2009 | 20090009178
The applicant requests that he be issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period he was in Korea from 19 April 1977 through 3 July 1979 to show he was medically discharged. The evidence of record shows the applicant was hospitalized at Fort Gordon, for a period of 60 days from 6 January 1978 to 23 March 1978. Chapter 7 (Physical Profiling) of Army Regulation 40-501 (Standards of Medical Fitness) provides that the basic purpose of the physical...
ARMY | BCMR | CY2009 | 20090009180
The applicant provides a copy of his DD Form 214; pages from 38 USC (Title 38, U.S. Code which outlines the role of Veterans Benefits in the United States Code) Section 101; and 38 CFR (Code of Federal Regulation - Veterans) Section 3.6 defining active duty for service academy cadets. 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. Therefore, the Board...
ARMY | BCMR | CY2009 | 20090009185
IN THE CASE OF: BOARD DATE: 29 December 2009 DOCKET NUMBER: AR20090009185 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Records show he served a qualifying period of service for award of the Armed Forces Expeditionary Medal and the Armed Forces Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: changing the DD Form 214 as follows: a. deleting the current entry in block 12f of the individual's 31 July...
ARMY | BCMR | CY2009 | 20090009186
This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. The applicant did not "serve" in the Army for 7 years. The applicant's court-martial conviction and discharge were effected in accordance with applicable laws and regulations and his discharge appropriately characterizes the misconduct for...
ARMY | BCMR | CY2009 | 20090009187
BOARD DATE: 3 November 2009 DOCKET NUMBER: AR20090009187 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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. The applicant was 19 years old when he enlisted and when he was discharged.
ARMY | BCMR | CY2009 | 20090009188
While the applicant requested that his military records be corrected to show the award of the Air Medal, there are no orders in his military records and the applicant failed to provide orders awarding him this medal. Therefore, he is entitled to correction of his military records to show the award of the Vietnam Service Medal with three bronze service stars. Therefore, it would be appropriate at this time to correct his military records to show the award of the Bronze Star Medal.
ARMY | BCMR | CY2009 | 20090009190
Bill benefits and that his Reserve drill attendance record should be corrected. There is no documentation to show the applicant was advanced beyond the rank of private during his period of IADT covered by the DD Form 214 issued on 8 May 1992 or that he served overseas during this period of active duty. _______ _ _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 | 20090009193
The evidence further shows the applicant served in Korea with the 7th Infantry Division from 10 September 1968 to 30 October 1969 and as a result he is eligible for both of these awards. _______ _ _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. ABCMR Record of Proceedings (cont) AR20090009193 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF...
ARMY | BCMR | CY2009 | 20090009194
The applicant requests, in effect, award of the Korea Defense Service Medal (KDSM). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Korea Defense Service Medal to item 26 of his DD Form 214. _______ _ XXX_______ ___ 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 | 20090009197
Item 4c (If a permanent profile with a 3 or 4 PUHLES, does the Soldier meet retention standards in accordance with Chapter 3, Army Regulation 40-501 (Standards of Medical Fitness) the "needs MEB/PEB (medical evaluation board/physical evaluation board)" was circled and item 10 (Other) states that the Servicemember's chapter separation should be stopped, he needs a medical board for this condition, and that the Dr. T----r, the psychiatrist will complete the MEB. On 15 September 2006, the...
ARMY | BCMR | CY2009 | 20090009198
The applicant requests, in effect, promotion to sergeant major (SGM)/E-9. The applicants records contain a copy of a memorandum from this Board, dated 12 October 2000, which states, in pertinent part, the following: a. on 26 February 1993, the 1993 AGR MSG/SGM Promotion board convened and considered, but did not select, the applicant for promotion; b. on 9 November 1993, the applicant submitted his request for voluntary retirement for length of service and the AGR Management Division of...
ARMY | BCMR | CY2009 | 20090009203
Application for correction of military records (with supporting documents provided, if any). Item 19 (Current Active Service Other than by Induction) of the applicant's DD Form 214 shows in 19a (Source of Entry) he was ordered to ACDUTRA. Therefore, items 19a and 32 of his DD Form 214 dated 11 April 1961 correctly show that he entered active duty for training during this period of service.
ARMY | BCMR | CY2009 | 20090009205
Army enlistment physical and DVA records indicated no PTSD from USMC service. On 4 August 2003, a formal PEB found the applicant physically unfit due to PTSD, said to be EPTS this Army enlistment. There is insufficient evidence to show the applicant's PEB findings were incorrect, that the applicant's PTSD did not exist prior to his service in the Army, that his PTSD was permanently aggravated by his Army service, and that the recommendation for separation without benefits was not in...
ARMY | BCMR | CY2009 | 20090009206
Army Regulation 600-8-19 (Active Duty Enlisted Promotion) states, in pertinent part, that the date of rank for a Soldier who does not complete the required level of NCOES training will be the previous date of rank successfully held at the reduced grade. The applicant voluntarily applied for retirement prior to completing his promotion ADSO or completing his NCOES for promotion to SGM. On that date, Army Regulation 600-8-19 required the applicant to be reduced to MSG because he had not...
ARMY | BCMR | CY2009 | 20090009209
There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Army Commendation Medal. Army Regulation 600-8-22 (Military Awards) provides for award of the Armed Forces Reserve Medal. It is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components of the Armed Forces of the United States for a period of 10 years.
ARMY | BCMR | CY2009 | 20090009210
The applicant states, in effect, that he has provided military medical records that show he was wounded as a result of enemy action. The applicant provided a copy of his SF 600 and SF 93 which are considered new evidence and merit consideration by the Board. In the absence of such evidence that clearly states he was injured as a result of hostile action, there is an insufficient basis to grant award of the Purple Heart in this case.
ARMY | BCMR | CY2009 | 20090009213
IN THE CASE OF: BOARD DATE: 25 AUGUST 2009 DOCKET NUMBER: AR20090009213 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons. The regulation states the reason for discharge based on separation code...
ARMY | BCMR | CY2009 | 20090009216
It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. However, there is no evidence of record and the applicant has not provided sufficient evidence to show he was not credited with the appropriate military time. However, there is no DD Form 214 for this period of active duty on file in his record.
ARMY | BCMR | CY2009 | 20090009217
When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. However, there is insufficient evidence to substantiate his contention that the electrical shock that he sustained was the cause of his acts of misconduct. The available evidence show that it was not until 2008/2009 that he alleged a personality change which is almost 24 years after his discharge from the Army.
ARMY | BCMR | CY2009 | 20090009218
The applicant states that when he reenlisted [sic] in the U.S. Army Reserve (USAR) on 22 May 1992, he was erroneously given a retirement year ending (RYE) date of 23 December 1992. The applicant's military records show that he enlisted in the Regular Army on 23 December 1970. The applicant had more than enough time to earn 20 years of qualifying service prior to reaching maximum age if he had not been involuntarily discharged due to being overweight.
ARMY | BCMR | CY2009 | 20090009219
His DD Form 214 for the period ending 27 September 2002 shows he was awarded the Army Commendation Medal, the Army Good Conduct Medal, the National Defense Service Medal, and the Army Service Ribbon during his tenure on active duty. This regulation also states that an active duty Soldier ordered to active duty and deployed with his or her unit during their continuous period of active service will be reported in item 18 of the DD Form 214 with the statement: "SERVICE IN (Name of Country...
ARMY | BCMR | CY2009 | 20090009222
The memorandum also informed him that the records reviewed by the board did not indicate that he had completed the required military education by the day of the board. c. He submitted a memorandum on 9 February 2007 to the Army Correspondence Course Program requesting constructive credit for Phase I of the QM advanced course; however, there is no evidence that his request was approved. For MAJ boards, the military education requirement is completion of an officer advanced course or equivalent.
ARMY | BCMR | CY2009 | 20090009226
The applicant requests upgrade of his general, under honorable conditions discharge to a fully honorable discharge. On 30 March 1988, his first active duty service was upgraded to a general, under honorable conditions discharge. On an unknown date the applicant requested resignation for the good of the service under the provisions of Army Regulation 635-120 (Personnel Separations Officer Resignations and Discharges), chapter 5.
ARMY | BCMR | CY2009 | 20090009227
The applicant requests, in effect, that his discharge under other than honorable conditions be upgraded to an honorable or general discharge. The applicant essentially states that he was arrested and convicted of first degree armed robbery in 1977 in the State of Washington, but since that time he has no criminal history. However, the applicant was not awarded a personal decoration which might have warranted a general discharge, and his record of misconduct so far outweighs his record of...
ARMY | BCMR | CY2009 | 20090009232
The applicant requests, in effect, correction of his military records to show that he was board certified from December 2007 to June 2008 and that he receive board certification pay (BCP) for that period. The applicant contends that his military records should be corrected to show that he was board certified from December 2007 to June 2008 and that he receive board certification pay (BCP) for that period. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2009 | 20090009233
However, a recruiter brought his RE code to his attention and indicated that according to Army regulations, there is an error in his military record. The applicant's military records show that he enlisted in the Regular Army on 9 June 1994 in the rank and pay grade of private (PVT)/E-1. His narrative reason for separation was based on his involuntary release from active duty at the completion of his service obligation and due to him being ineligible for, reenlistment due to reaching his...
ARMY | BCMR | CY2009 | 20090009234
The applicant states that he was involuntarily separated from the Illinois Army National Guard (ILARNG) after 16 years and 8 months of active service. In general, the QRP provides for a review every two years of Reserve Component Soldiers serving in ARNG units and USAR TPUs who have 20 or more years of qualifying service for non-regular retired pay and who are within the zones of consideration. The evidence of record shows that the applicant entered the AGR program on 8 May 1988 and served...
ARMY | BCMR | CY2009 | 20090009236
The applicant requests, in effect, that his undesirable discharge be upgraded to a general discharge. This lawyer was informed that the applicant desired to submit a request for discharge for the good of the service under the provisions of chapter 10 (Discharge in Lieu of Trial by Court-Martial), Army Regulation 635-200 (Personnel Separations - Enlisted Personnel). In his request for discharge, the applicant also acknowledged that he understood that, if his request for discharge was...
ARMY | BCMR | CY2009 | 20090009238
The fact that his military records contained orders, dated 25 July 1955, showing that his rank at the time was CPL was noted and will be discussed later in these Proceedings. Department of the Army (DA) Message 344303, dated June 1958 added enlisted grades E-8 and E-9 and restructured titles of certain existing ranks. The fact that the applicant's military records contained an order, dated 25 July 1955, showing that his rank at the time was CPL was noted.
ARMY | BCMR | CY2009 | 20090009241
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests removal of the DA Form 67-9 (Officer Evaluation Report (OER)) covering the rating period from 21 October 2004 through 20 October 2005 (hereafter referred to as the contested OER) from his records. Counsel requests removal of the contested OER from the applicant's records; consideration of the applicant for promotion to lieutenant colonel (LTC) by a Special Selection Board (SSB); and consideration of the applicant...
ARMY | BCMR | CY2009 | 20090009242
There are no orders in his military records awarding him the Air Medal and a search of the United States Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System (ADCARS), a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era, also failed to produce orders awarding him the Air Medal.. 4. The fact that other Soldiers in the applicant's unit in Vietnam were awarded the Air Medal was noted, as was the...
ARMY | BCMR | CY2009 | 20090009250
The applicant requests, in effect, that: a. his general discharge be upgraded to a fully honorable discharge; b. his separation program designator (SPD) code be removed from his DD Form 214 (Certificate of Release or Discharge from Active Duty); c. his reentry eligibility (RE) code of "3" be changed to a "2" or "1"; d. the remark "apathy" be removed from his narrative reason for separation; e. item 12a (Date Entered [Active Duty] This Period) of his DD Form 214 be changed from 1 July 1980 to...