ARMY | BCMR | CY2009 | 20090009253
The applicant requests, in effect, that his military records be corrected to show award of the Bronze Star Medal and a second Army Commendation Medal. The applicant's military records show that he was inducted into the Army of the United States on 10 June 1970. The applicant contends that his military records should be corrected to show the award of the Bronze Star Medal and a second Army Commendation Medal.
ARMY | BCMR | CY2009 | 20090009257
This letter essentially stated that the applicant was released from active duty based on the findings of a physical evaluation board (PEB) because he was found unfit for service by reason of physical disability. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) provides, in pertinent part, that under the laws governing the Army Physical Disability Evaluation System, Soldiers who sustain or aggravate physically unfitting disabilities must meet line-of-duty...
ARMY | BCMR | CY2009 | 20090009260
The applicant requests, in effect, correction of item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the award of the Purple Heart. Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (first award) for the period 12 February 1969 to 25 December 1970 and correct his military records to show this award. As...
ARMY | BCMR | CY2009 | 20090009263
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal, Purple Heart, and Combat Infantryman Badge. Army Regulation 600-8-22 further provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. Regrettably, absent orders which officially awarded him the Combat Infantryman...
ARMY | BCMR | CY2009 | 20090009264
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 AR20080019063, on 12 March 2009. The evidence provided by the applicant in the form of a "buddy" statement from a former fellow Soldier in support of his claim for award of the Combat Infantryman Badge was carefully considered. Although the applicant possessed and served in an infantry...
ARMY | BCMR | CY2009 | 20090009266
This regulation also provides that there is no time limitation on requests for award of the Purple Heart. The applicant's claim that he was wounded in action while serving in Vietnam was noted; however, there is no evidence in the applicant's military records, and the applicant failed to provide any evidence, to corroborate his claim. While the applicant's claim to entitlement to award of the Purple Heart is not questioned, absent evidence which conclusively proves, by a preponderance of...
ARMY | BCMR | CY2009 | 20090009267
BOARD DATE: February 18, 2010 DOCKET NUMBER: AR20090009267 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his records be corrected to show he was awarded 9 years and 4 months of constructive service credit (CSC) instead of 9 years and 20 days. The evidence of record shows that the applicant was granted CSC for the period 25 July 2003 to 5 September 2007.
ARMY | BCMR | CY2009 | 20090009268
The applicant's military records show that he enlisted in the Regular Army on 24 May 1984. Item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows an entry of "entry-level status performance and conduct." The evidence of record clearly shows that the applicant was discharged under the provisions of chapter 11 of Army Regulation 635-200 for entry-level performance and conduct.
ARMY | BCMR | CY2009 | 20090009269
Further, there is no evidence in his military personnel records which shows that he was wounded or injured as a result of hostile action. The applicant contends that his military records should be corrected to show the award of the Purple Heart. Absent evidence which conclusively proves by a preponderance of the evidence that he was wounded or injured as a result of hostile action, that he was treated by medical personnel at the time for wounds or injuries received as a result of hostile...
ARMY | BCMR | CY2009 | 20090009273
Application for correction of military records (with supporting documents provided, if any). The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an...
ARMY | BCMR | CY2009 | 20090009275
The applicant requests upgrade of his undesirable discharge to an honorable discharge. The applicant also acknowledged that he understood that if his request for discharge was accepted, he could be discharged under other than honorable conditions and furnished an Undesirable Discharge Certificate. Additionally, he claims that he was wounded in Vietnam on 10 April 1971 and although it is not recorded in his military personnel records, it is in his service medical records.
ARMY | BCMR | CY2009 | 20090009278
The applicant's military records show that he enlisted in the United States Army Reserve (USAR) on 13 May 1983. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. The applicant contends that his DD Form 214 should be corrected to show he served 2 and 1/2 years of active Army Reserve service between 1983 and 1986.
ARMY | BCMR | CY2009 | 20090009280
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's military records show that he served in the Regular Army from 26 October 1961 to 23 October 1964 until he was honorably released from active duty and transferred to the United States Army Reserve (USAR) Control Group...
ARMY | BCMR | CY2009 | 20090009282
Application for correction of military records (with supporting documents provided, if any). However, all awards of the Bronze Star Medal must be announced in official orders, which the applicant did not provide, and are not in his military records. The applicant may have participated in marksmanship competitions; however, without conclusive evidence that he qualified as an expert on the M-14 Rifle and as a sharpshooter on the M-1 Rifle on prescribed record courses in accordance with Army...
ARMY | BCMR | CY2009 | 20090009284
The applicant requests, in effect, that his discharge under other than honorable conditions be upgraded to an honorable or general discharge. The applicant's military records show that he enlisted in the Regular Army on 23 January 1979 for a period of 3 years and for assignment with the 24th Infantry Division. On 1 May 1980, the applicant acknowledged that he had been advised by his consulting counsel of the basis for the contemplated action to accomplish his separation for misconduct...
ARMY | BCMR | CY2009 | 20090009286
Although many of the documents in the applicant's separation packet are undated, they indicate that the applicant's commander informed him that he was initiating action to discharge him from the U.S. Army under the provisions of paragraph 14-12c(2)b (commission of a serious offense - second time drug offenders), Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) for wrongfully using cocaine on two occasions. He also understood that if he had less than 6 years of total...
ARMY | BCMR | CY2009 | 20090009293
The applicant further states because of the quick healing time of his wound and the severity of his fellow Soldier's wounds he did not pursue a Purple Heart from the incident. There also is no evidence in his service personnel records that show he was wounded or treated for wounds as a result of hostile action in Vietnam. The applicant's former fellow Soldier's witness statement alone is insufficient evidence to show he is authorized the award.
ARMY | BCMR | CY2009 | 20090009294
This document also shows the applicant was advised to "explain that you were not properly briefed concerning the ramifications of accepting severance pay (loss of all benefits from the Armed Forces)" and "that you believed that when [the] VA withheld your VA disability payments until they equaled the amount of money you received in Army severance pay, you were paying back to the Army the severance pay." The Department of Defense (DoD) Finance Management Regulation (FMR), Volume 7A (Military...
ARMY | BCMR | CY2009 | 20090009295
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. However, there is no medical evidence of record that shows the FSM had any mental condition prior to his release from military confinement on 22 December 1977.
ARMY | BCMR | CY2009 | 20090009296
IN THE CASE OF: BOARD DATE: 3 November 2009 DOCKET NUMBER: AR20090009296 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. On 27 February 1971, the separation authority approved the recommendation for separation and directed that the applicant be furnished an undesirable discharge. There is no indication in the available records that the applicant applied to the Army Discharge Review Board (ADRB) for a discharge upgrade within its 15-year statute of limitations.
ARMY | BCMR | CY2009 | 20090009297
Application for correction of military records (with supporting documents provided, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Paragraph 3-7b of Army Regulation 635-200 provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2009 | 20090009298
Application for correction of military records (with supporting documents provided, if any). It states, in pertinent part, that the SPD code JBK is the appropriate code to assign to RA Soldiers ineligible for, barred from, or otherwise denied reenlistment that are separated on completion of enlistment and are separated under the provisions of chapter 4, Army Regulation 635-200, by reason of ETS. The applicant's contention that his SPD and RE codes should be upgraded and/or changed to allow...
ARMY | BCMR | CY2009 | 20090009301
The applicant requests, in effect, correction of his military records to show that his request for a medical waiver was disapproved and that he had remained in the Retired Reserve, thereby being eligible for retirement benefits. The applicant requested a waiver of his medical disqualification so that he could complete 20 years of qualifying service for a non-regular retirement. The law granting an early retirement based on completion of 15 but less than 20 years of qualifying service is...
ARMY | BCMR | CY2009 | 20090009302
The applicant states that the reason he was discharged with an Under Other than Honorable Conditions Discharge Certificate is because he did not complete all of his military service. The applicant states that his undesirable discharge, characterized as under other than honorable conditions, was based on his failure to complete his military service. However, evidence of record shows that the applicant was convicted by an SPCM on 7 May 1971, six months prior to his assignment in Vietnam.
ARMY | BCMR | CY2009 | 20090009303
Application for correction of military records (with supporting documents provided, if any). The applicant states that his orders and awards show that he was ordered to active duty and served as a military policeman; however, his DD Form 214 reflects his primary specialty as a 92G (Food Service Specialist). While the record is clear that the applicant was school trained, deployed, and served as an MP in support of Operation Enduring Freedom, there is insufficient evidence in the available...
ARMY | BCMR | CY2009 | 20090009304
Application for correction of military records (with supporting documents provided, if any). Among the important public policy considerations behind statutes of limitations, including the 6-year limitation for filing claims contained in this section of Title 31, U.S. Code, is relieving the government of the need to retain, access, and review old records for the purpose of settling stale claims, which are often difficult to prove or disprove. The applicant's FICA earnings for 1967 and 1968...
ARMY | BCMR | CY2009 | 20090009305
The applicant requests correction of his official military records to show that his migraine headaches, which caused him to be discharged by reason of physical disability, did not exist prior to service (EPTS). The applicant contends that his official military records should be corrected to show his migraine headaches did not exist prior to service. Additionally, the applicant was separated and assigned an RE code in accordance with the applicable regulation and there appears to be no...
ARMY | BCMR | CY2009 | 20090009307
IN THE CASE OF: BOARD DATE: 14 October 2009 DOCKET NUMBER: AR20090009307 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to include the National Defense Service Medal, the Korea Defense Service Medal, the Army Reserve Components Achievement Medal, the Armed Forces Service Medal, and any other awards to which he may be entitled. Beginning on 28 March 1995, the period of...
ARMY | BCMR | CY2009 | 20090009309
The applicant requests that he be shown to have been placed on the Retired List in the rank and pay grade of captain (CPT) O-3E, with retroactive pay and allowances effective 30 January 2004. The applicant states that his 13 years of honorable enlisted service entitled him to have received retired pay of O-3E. Since he did not have over 4 years of enlisted service at the time he was commissioned, he was never paid as an O-3E.
ARMY | BCMR | CY2009 | 20090009311
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant's medical MOS and his service in the RVN are not in question. 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 | 20090009315
Therefore, there is sufficient evidence to show he is entitled to award of the Combat Infantryman Badge and correction of his WD AGO Form 53-55 to show this award. Additionally, based on his entitlement to award of the Combat Infantryman Badge, he is entitled to award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show this award. The evidence of record shows that the applicant served a qualifying period for award of the World War II Victory Medal and the American...
ARMY | BCMR | CY2009 | 20090009316
Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. The evidence of record shows the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by: a. awarding the applicant the Purple Heart for wounds received in action on 27 January 1967 in the Republic of...
ARMY | BCMR | CY2009 | 20090009318
Application for correction of military records (with supporting documents provided, if any). However, there is no evidence to show that she was awarded the OSR. Her DD Form 214 issued at the time of her REFRAD fails to show that she was awarded the OSR or any bronze service stars to denote campaign participation during her 1 year, 6 months, and 26 days of foreign service.
ARMY | BCMR | CY2009 | 20090009319
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Separation or Discharge) be corrected by adding the Purple Heart and Combat Infantryman Badge as a unit award. U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2009 | 20090009322
After serving his initial permanent duty assignment at Fort Bragg, North Carolina, he departed for the Republic of Vietnam on 24 October 1966 and was assigned to Company A, 4th Battalion, 9th Infantry Regiment, first as a Field Wireman in duty MOS 36K and later as a Senior Wireman in duty MOS 36K. The applicant's military records do not show that he was awarded the Combat Infantryman Badge and there are no special orders awarding him the Combat Infantryman Badge in his military records. ...
ARMY | BCMR | CY2009 | 20090009324
The applicant states that he served in the continental United States for 1 year; he served on active duty during World War II; he participated in the assault landing at Leyte, Philippines as part of the 82nd Field Artillery; and he achieved the top score with a rifle during training. While the unit listed on the applicant's WD AGO Form 53-55 was awarded assault credit for Leyte on 20 to 22 October 1944, because there are no records it cannot be determined with any measure of certainty that...
ARMY | BCMR | CY2009 | 20090009326
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a fourth award of the Army Achievement Medal (AAM), two campaign stars [properly called bronze service stars] for wear on his Iraq Campaign Medal (ICM), and an end date of service in Iraq of 15 July 2008. The applicant provides copies his DD Form 214; four certificates for award of the AAM; a certificate for award of the Army Commendation Medal; a Soldier Deployment History...
ARMY | BCMR | CY2009 | 20090009327
An EREC memorandum for record, dated 4 May 1992, confirms that based on the Enlisted Special Review Board (ESRB) decision of 23 April 1992, the applicant's appealed NCOER's were changed and replaced with corrected copies excluding the rater/supervisor's evaluations. Army Regulation 601-280, paragraph 10-8 in effect at the time, provided that a Soldier could appeal the bar to reenlistment imposed under the QMP based on improved performance and/or material error in the Soldier's record when...
ARMY | BCMR | CY2009 | 20090009329
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his bad conduct discharge (BCD) be upgraded to a general, under honorable conditions discharge (GD) 2. The applicant provides no documentation in support of his application.
ARMY | BCMR | CY2009 | 20090009334
She was discharged under other than honorable conditions for writing bad checks, which in turn placed her and her daughter in a serious bind. Accordingly, on 17 December 1985 the applicant was discharged under other than honorable conditions under the provisions of Army Regulation 635-200, chapter 14-12c, for misconduct - commission of a serious offense. There is no evidence nor has she submitted any evidence to support her contentions that she was sexually harassed and made to be an...
ARMY | BCMR | CY2009 | 20090009335
The applicant requests, in effect, that block 19 (Inducted) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to reflect that he entered active duty on 17 November 1950 instead of 17 November 1952 as currently reflected. The applicant's military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in block 19 of his DD...
ARMY | BCMR | CY2009 | 20090009337
The applicant's DD Form 214 (Report of Separation from Active Duty) shows he was discharged on 14 August 1979 in accordance with the provisions of Army Regulation 635-200, paragraph 5-31 (EDP), for failure to maintain acceptable standards for retention, and his service was characterized as under honorable conditions. There is no evidence the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations. Considering that the...
ARMY | BCMR | CY2009 | 20090009339
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show four awards of the Army Commendation Medal, the Army Achievement Medal, and any new medals related to his service in Southwest Asia. Army Regulation 600-8-22 (Military Awards) provides for award of the Army Achievement Medal. Therefore, lacking any derogatory information on file that would have disqualified the applicant, it would be appropriate to award him the...
ARMY | BCMR | CY2009 | 20090009340
The record does not show the applicant completed any further active duty service beyond the 1 month and 2 days currently reflected on his DD Form 214 which is contained in his Official Military Personnel File (OMPF). However, the DD Form 214 contained in his records is the Service -2 copy of the original document issued to the applicant at the time of his separation on 24 August 1981. In additionally, had the applicant lost his DD Form 214 and requested a replacement he would have received...
ARMY | BCMR | CY2009 | 20090009343
This statement indicated that the official records showed that the applicant was entitled to the Purple Heart for wounds received in action on 23 February 1969. Based on the applicant's service with 2nd Battalion, 77th Artillery he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. As a result, the Board recommends that all Department of the Army records of the individual concerned...
ARMY | BCMR | CY2009 | 20090009344
The applicant was rated under the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) and was granted a 0 percent disability rating for code 6847 (for the condition of obstructive sleep apnea shown on his NARSUM). On 17 March 2005, the applicant was honorably discharged in accordance with paragraph 4-24b(3) of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) by reason of physical disability with entitlement to severance pay. The...
ARMY | BCMR | CY2009 | 20090009346
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. He states he knows he should have sought counseling but noted that unfortunately, the military was ill-equipped to handle these types of problems. He states that he served three solid years in the military and states the incident happened more than 20 years ago. The applicant was accordingly discharged on 6 October 1987 under the provisions of Army Regulation 635-200, chapter 10 with an under other than honorable conditions discharge.
ARMY | BCMR | CY2009 | 20090009351
Army Regulation 601-280 (Army Retention Program) states that the RE codes contained on military discharge documents determine whether or not one may reenlist in a military service at a later time. In general, those who receive an Army RE code of "1" may reenlist in the Army or another service with no waiver. During the applicant's last year of service she received NJP on 4 occasions and 18 negative counseling statements.
ARMY | BCMR | CY2009 | 20090009353
On 9 October 1984, the applicant's immediate commander notified the applicant of his intent to separate him from the Army under the provisions of chapter 13 of Army Regulation 600-200 (Personnel Separations) by reason of unsatisfactory performance. On 25 October 1984, the separation authority approved the applicant's discharge from the Army under the provisions of chapter 13 of Army Regulation 635-200 by reason of unsatisfactory performance and directed he be transferred to the IRR and that...
ARMY | BCMR | CY2009 | 20090009355
Application for correction of military records (with supporting documents provided, if any). Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal. Although the applicant's DD Form 214 indicates he is authorized the Vietnam Service Medal and the Republic of Vietnam Campaign Medal,...