ARMY | BCMR | CY2009 | 20090009660
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 applicants DA Form 20 (Enlisted Qualification Record) provides documentation of the following: a. advancement to specialist four on 11 February 1968; b. award of the military occupational specialties 11B on 1 September 1967 and 67A...
ARMY | BCMR | CY2009 | 20090009661
Based on the applicant's documented service in Kuwait/Iraq from 31 March 2003 to 30 July 2003, he is entitled to have his record corrected to show award of the Iraq Campaign Medal. Based on the applicant's record of service, his completion of 3 or more years of satisfactory service, and the absence of evidence showing disqualification, the applicant is entitled to award of the Army Good Conduct Medal based on completing 3 years of qualifying service from 17 November 1999 to 16 November...
ARMY | BCMR | CY2009 | 20090009663
Application for correction of military records (with supporting documents provided, if any). Combat service alone did not support award of the CIB. The evidence of record in this case confirms that the applicant held and served in MOS 76A as a supply clerk in engineer units while serving in the RVN.
ARMY | BCMR | CY2009 | 20090009664
The DD Form 214 he was issued based on this ADRB action shows that based on the authority and reason for discharge cited by the ADRB, he was assigned a SPD code of JFF and an RE code of RE-3. In this case, the ADRB specifically determined that the upgrade action it took on the applicant would not entail a change to the RE code. As a result, it would not be appropriate or serve the interest of equity or justice to change the RE-3 code originally assigned by the separation authority and...
ARMY | BCMR | CY2009 | 20090009665
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that his rank and pay grade at the time of his release from active duty (REFRAD) was sergeant (E-5). There is no evidence available that shows the applicant was reduced in rank between the time the order was published and the time of his REFRAD. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...
ARMY | BCMR | CY2009 | 20090009675
IN THE CASE OF: BOARD DATE: 17 November 2009 DOCKET NUMBER: AR20090009675 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests upgrade of his general, under honorable conditions discharge to an honorable discharge. There is no indication that the applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge within that board's 15-year statute of limitations.
ARMY | BCMR | CY2009 | 20090009690
The memorandum alerted the applicant of the mandatory education requirements for promotion as specified in Army Regulation 135-155 (Promotions of Commissioned Officers and Warrant Officers Other than General Officers). On 6 April 2004, by letter, the applicant was notified that HRC-St. Louis, MO reviewed the Report of Board Proceedings and approved the findings and recommendations of the board. With respect to the applicants discharge, the evidence of record shows that he was not selected...
ARMY | BCMR | CY2009 | 20090009692
The applicant requests that her involuntary separation of 1 October 2006 under other than honorable conditions be voided and she be reinstated in the U.S. Army Reserve (USAR) and transferred to the USAR Control Group (Reinforcement) effective 1 October 2006. The applicant states the discharge proceedings in her case were void because she was denied due process as set forth in Army Regulation 135-175 (Separation of Officers). Army Regulation 135-175 sets forth the basic authority for the...
ARMY | BCMR | CY2009 | 20090009694
A copy of the option memorandum is not available for review with this case; however, it would have required the applicant to acknowledge the notification and elect one of the following options on the notification of medical unfitness for retention and election of options: a. request reassignment to the Retired Reserve in accordance with Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers), if she had completed 20 years of qualifying years; b. request reassignment to the...
ARMY | BCMR | CY2009 | 20090009695
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 personnel records show he enlisted in the Regular Army on 10 February 1994 for a period of 3 years. His sentence consisted of 18 months confinement and discharge from the service with a bad conduct discharge.
ARMY | BCMR | CY2009 | 20090009704
The unit commander continued by advising the applicant of his rights to consult with legal counsel, to submit written statements in his own behalf, to obtain copies of documents that would be sent to the separation authority supporting the proposed separation, to a hearing before an administrative board if he had six or more years of active and reserve military service as the time of separation, to waive these rights in writing, and to withdraw his waiver of any of these rights at any time...
ARMY | BCMR | CY2009 | 20090009705
Application for correction of military records (with supporting documents provided, if any). Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, it is concluded that the document provided by the applicant is insufficient to warrant a change to the name recorded in his military service records and on his DD Form 214. However, as a matter of record, a copy of this Record of Proceedings will be filed...
ARMY | BCMR | CY2009 | 20090009709
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. A copy of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) which shows he was honorably discharged on 13 September 2005, in accordance with paragraph 5-13 of Army Regulation 635-200 (Personnel Separations) for personality disorder. On 6 March 2009, the Army Discharge Review Board denied the applicants request for correction of his Separation Code, Reentry Code, and Narrative Reason for Separation.
ARMY | BCMR | CY2009 | 20090009710
Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during its service in the Republic of Vietnam, the 3rd Battalion, 8th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 October 1966 to 28 July 1969 based on Department of the Army General Orders Number 3, dated 1970 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 October 1966 to 31...
ARMY | BCMR | CY2009 | 20090009712
However, his RE Code will not allow enlistment. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The applicant's military service records show that he voluntarily requested discharge for the good of the service in lieu of trial by court-martial and acknowledged guilt of the charges against him.
ARMY | BCMR | CY2009 | 20090009715
The applicant states that his service in Iraq is not shown on his DD Form 214. The applicant contends that item 18 of his DD Form 214 should be corrected to show his service in Iraq. Therefore, he is entitled to correction of his DD Form 214 to show that he served in Iraq from 16 September 2004 through 19 November 2004.
ARMY | BCMR | CY2009 | 20090009717
Although the applicant maintains that imminent death processing was no longer necessary at the time of her spouses death in December 2003 because of the passage of Public Law 107-107 which permitted payment of SBP benefits to the spouse of Soldier who died on active duty regardless of the number of years of military service, the ability to transfer that benefit to surviving children did not occur until the passage of Public Law 108-136 on 24 November 2003. Hence the military continued to...
ARMY | BCMR | CY2009 | 20090009719
On 21 July 1983, the applicant was discharged with a BCD accordingly. The DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to the applicant, on 21 July 1983 shows he was discharged under the provisions of chapter 3, Army Regulation 635-200 (Personnel Separations), as a result of court-martial after completing 6 years, 6 months, and 6 days of creditable active military service and accruing 60 days of time lost due to confinement. However, there is insufficient...
ARMY | BCMR | CY2009 | 20090009720
The applicant requests award of the Combat Action Ribbon (CAR) and the Purple Heart. It is also noted that he was in two hospitals for the injury to his ear and neither hospital awarded him the Purple Heart. 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 | 20090009722
The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty. Evidence of record shows the applicant was a SPC at the time of his release from active duty, which is properly reflected in items 4a and 4b of his DD Form 214 for the period ending 7 May 2004. However, the applicant may receive replacement medals for the awards shown on his DD Form 214 by submitting a request via a letter or the...
ARMY | BCMR | CY2009 | 20090009723
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Purple Heart, the Iraq Campaign Medal and any other awards/decorations he may be eligible for as a result of his military service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the...
ARMY | BCMR | CY2009 | 20090009727
The evidence of record shows that the FSM was an infantryman assigned to an infantry unit in the ETO from 29 October 1944 to 12 June 1945. Therefore, the applicant's request to correct the FSM's records to show award of the Purple Heart should be denied. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing in item 36 of the FSM's WD AGO Form 53-55 - date of departure from the ETO as 12 June 1945 and date of...
ARMY | BCMR | CY2009 | 20090009728
The applicant was again non-selected." The applicant contends that his unique skill set should be taken into consideration for returning him to full active duty status. As for counsel's request for an SSB to consider the applicant for major using the years 1985 and 1986 criteria, the ABCMR case proceedings show that the applicant has already been considered by an SSB for those years.
ARMY | BCMR | CY2009 | 20090009730
General orders awarded the applicant the Air Medal and this award is recorded on his 1970 DD Form 214. Therefore, the applicant is not entitled to correction of his 1972 DD Form 214 to show this award; c. The applicant's 1972 DD Form 214 shows he 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 the applicant the Good Conduct Medal for exemplary conduct, efficiency, and...
ARMY | BCMR | CY2009 | 20090009735
The applicant requests, in effect, reconsideration of the ABCMR denial to upgrade his undesirable discharge. Item 6 does not show he was awarded any other MOS's during his period of active service. There is no evidence of record that he was awarded any other MOS's.
ARMY | BCMR | CY2009 | 20090009736
The applicant requests, in effect, upgrade of his under other than honorable conditions (UOTHC) discharge to an honorable discharge (HD). The applicant states, in effect, that he served in the Army for more than 16 years and he did all he was asked to do. The applicant's contention that his UOTHC discharge should be upgraded to an HD because his offenses were the result of an honest mistake and based on his overall record of service was carefully considered.
ARMY | BCMR | CY2009 | 20090009741
The applicant requests, in effect, that he be awarded the Combat Infantryman Badge (CIB), Expert Infantryman Badge (EIB) or Combat Action Badge (CAB). There is no evidence of record to show the applicant was ever trained in or awarded an infantry MOS by proper authority or assigned to an infantry unit during his tenure in the Army. Army Regulation 600-8-22 also states that award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.
ARMY | BCMR | CY2009 | 20090009742
On 21 February 1990, the applicant was discharged. Paragraph 6-5d, states that a Soldier will be issued an Honorable Discharge Certificate regardless of his or her overall performance of duty, if the discharge is based upon limited use evidence. Under the provisions of Army Regulation 600-85, paragraph 6-5d, a Soldier will be issued an Honorable Discharge Certificate regardless of his or her overall performance of duty, if the discharge is based upon "limited use" evidence.
ARMY | BCMR | CY2009 | 20090009745
The applicant requests that his discharge under other than honorable conditions be upgraded. There is no indication in the available records which shows the applicant applied to the Army Discharge Review Board within its 15-year statute of limitations. _______ _ 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 | 20090009746
On 7 February 1989, the applicant's immediate commander initiated separation action against him in accordance with paragraph 14-12(c) of Army Regulation 635-200 for misconduct - serious acts of misconduct with the issuance of an under other than honorable conditions characterization of service. On 17 March 1989, the separation authority approved the applicant's discharge and directed that he be reduced to the lowest enlisted grade that his discharge be characterized as under other than...
ARMY | BCMR | CY2009 | 20090009747
The applicant requests that his records be corrected to show award of two Bronze Star Medals. The applicant was also advised that the entry on his DD Form 214 was for the award of two bronze service stars, not two Bronze Star Medals. There are no orders or other evidence showing that the applicant was considered for or awarded a Bronze Star Medal.
ARMY | BCMR | CY2009 | 20090009752
The applicant requests that his general discharge under honorable conditions be upgraded to an honorable discharge. 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. ABCMR Record of Proceedings (cont) AR20090009752 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF...
ARMY | BCMR | CY2009 | 20090009754
There are no orders in the applicant's military personnel record awarding him the Combat Infantryman Badge. Further, the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day 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 infantry MOS and required that they must have served in active ground combat while assigned or...
ARMY | BCMR | CY2009 | 20090009755
The applicant requests, in effect, that item 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his home of record. The applicants DD Form 4, dated 10 September 1975, shows his home of record was Milwaukee, Wisconsin. However, the applicant may use this Record of Proceedings as verification that his military records contain enlistment documents which show Milwaukee, Wisconsin as his home of record at the time of his entry on active...
ARMY | BCMR | CY2009 | 20090009760
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 RVN from 11 August to 30 October 1971. Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.
ARMY | BCMR | CY2009 | 20090009762
The regulation also stated, in pertinent part, that for the first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualified for award of the AGCM. However, the applicant has not provided and the official records do not contain evidence to show that he was recommended for or awarded the Air Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2009 | 20090009764
The NGB advisory opinion confirms that in accordance with the applicable regulation, the effective date of promotion for an ARNG officer who is promoted in the State is the date NGB extends Federal recognition unless otherwise provided by law, The governing regulation further states promotion will be accomplished only when the officer is assigned to an appropriate MTOE or TDA vacancy and that an AGR controlled grade authorization must be available prior to promotion of an AGR officer to any...
ARMY | BCMR | CY2009 | 20090009768
The applicant states that he served in the 3rd Infantry Division from September 1989 to April 1992 and he believes he is entitled to the GWOTSM. 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 DD Form 214 (Certificate of Release or Discharge from Active Duty) does not...
ARMY | BCMR | CY2009 | 20090009770
The PDA concludes that if the applicant can provide current VA documentation confirming that the medical condition did not improve, the ABCMR may want to consider recognizing that the condition incurred in 1971 is still essentially unchanged and it would be an injustice not to correct his military records to reflect a 60 percent permanent military disability rating effective 2 July 1971. VA records further show that the applicant was without use of his right hand over three years after...
ARMY | BCMR | CY2009 | 20090009771
The applicant requests correction of his military records to show award of the Bronze Star Medal based upon award of the Combat Infantryman Badge for his service during World War II. 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: a. awarding the applicant the Bronze Star Medal based upon award of the Combat Infantryman Badge; b. adding the...
ARMY | BCMR | CY2009 | 20090009773
Application for correction of military records (with supporting documents provided, if any). His record is void of a DD Form 214 (Report of Separation from Active Duty) covering his first period of active duty service from 16 March 1971 through 29 March 1972. The record does include a DD Form 214 that shows on 13 March 1978 he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, for the good of the service, in lieu of...
ARMY | BCMR | CY2009 | 20090009775
Special Orders Number 271, paragraph 38, United States Army Support Command, dated 27 September 1968, withdrew the applicant's primary MOS of 57A1O and awarded him primary MOS 94B2O, effective 13 September 1968. The evidence of record shows the applicant's primary MOS at the time of his release from active duty was 94B2O (Cook). In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the...
ARMY | BCMR | CY2009 | 20090009776
IN THE CASE OF: BOARD DATE: 29 December 2009 DOCKET NUMBER: AR20090009776 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. DFAS records show the FSM elected SBP during an Open Season in 1993. She provided a Retired Pay SBP Cost Refunds document, prepared on 3 March 2008, which appears to have an incorrect effective date of 1 October 2005 instead of 1 December 2004.
ARMY | BCMR | CY2009 | 20090009778
The applicant requests correction of his records to show he was discharged under the Fiscal Year 1992 (FY92) Enlisted Voluntary Early Transition Program with entitlement to the Voluntary Separation Incentive (VSI)/Special Separation Benefit (SSB). The applicant submitted the following documentary evidence in support of his request: a. a DA Form 4187, dated 26 February 1992, in which he requested voluntary separation under the provisions of Military Personnel (MILPER) Message 92-85. The...
ARMY | BCMR | CY2009 | 20090009779
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his discharge date as 29 June 2007 instead of 27 June 2007 and that his rank be corrected to show he was separated in pay grade E-4 instead of pay grade E-2. He also requests that his DD Form 214 be corrected to show award of the Army Commendation Medal (ARCOM) and all other authorized awards. The applicant provided no orders or other evidence to corroborate his...
ARMY | BCMR | CY2009 | 20090009781
The applicant states, in effect, that he is currently rated as 80-percent disabled as the result of DVA rating decisions based upon his medical condition. It is a fact-finding board for the following: a. investigating the nature, cause, degree of severity, and probable permanency of the disability of Soldiers whose cases are referred to the board; b. evaluating the physical condition of the Soldier against the physical requirements of the Soldier's particular office, grade, rank, or...
ARMY | BCMR | CY2009 | 20090009782
The DD Form 214 he was issued at that time shows he completed 3 years, 8 months, and 9 days of active duty service during the period covered by the DD Form 214 in item 22a(1) (Net Service this Period) and Item 22a(2) shows no prior military service. ___________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) AR20090009782 3 ARMY...
ARMY | BCMR | CY2009 | 20090009783
The applicant's military personnel records show he initially enlisted in the Regular Army on 25 August 1966 for a period of 3 years. The applicant's records do not contain any corroborating evidence to support the handwritten entries for the Soldier's Medal, the Bronze Star Medal with "V" Device, the Purple Heart, or the Combat Infantryman Badge on the DD Form 20. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending...
ARMY | BCMR | CY2009 | 20090009784
IN THE CASE OF: BOARD DATE: 15 October 2009 DOCKET NUMBER: AR20090009784 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states, in effect, that he was told his UD would be upgraded to a general discharge (GD), under honorable conditions discharge after 5 years and that his GD would later be upgraded to an honorable discharge (HD). On 10 August 1977, the Army Discharge Review Board (ADRB), after careful consideration of the applicant's case, voted to deny his request for an...
ARMY | BCMR | CY2009 | 20090009788
The applicant requests that his bad conduct discharge (BCD) be upgraded to a general discharge (GD), under honorable conditions and that all rights to which he may be entitled be restored. Accordingly, on 22 June 1990, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 3-11, as a result of a duly reviewed and affirmed general court-martial conviction. In order to justify correction of a military record the applicant must show or it must otherwise...