ARMY | BCMR | CY2009 | 20090009791
The promotion did not take effect because the applicant had never been granted permanent Federal recognition in 2007. National Guard Regulation 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions) provides procedures for processing all applications for Federal recognition. The evidence of record shows that the applicant was granted temporary Federal Recognition effective 17 May 2007 upon his initial appointment in the OKARNG and execution of the oath of office.
ARMY | BCMR | CY2009 | 20090009797
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 28 November 1973, the separation authority approved the applicant's discharge under the provisions of Army Regulation 635-206, paragraph 33, and directed the applicant be issued an Undesirable Discharge Certificate. The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was discharged from the U.S. Army under other than honorable conditions on 2 January 1974 under the provisions of...
ARMY | BCMR | CY2009 | 20090009801
The applicant requests his discharge under other than honorable conditions be upgraded to an honorable discharge. He states that his Army service up to that time was honorable. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.
ARMY | BCMR | CY2009 | 20090009803
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that the entry date listed in item 17c (Date of Entry) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he entered military service in August 1966 vice 10 June 1964, as is currently shown. The evidence of record confirms the applicant enlisted in the RA and entered active duty on 10 June 1966, and not 10...
ARMY | BCMR | CY2009 | 20090009804
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Korea Defense Service Medal. The applicant contends that his records should be corrected to show award of the Korea Defense Service Medal because he served in the ROK. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 13 of his DD Form 214 the Korea Defense Service Medal.
ARMY | BCMR | CY2009 | 20090009805
On 24 January 2008, the separation authority approved the applicants request for discharge and directed that he receive a UOTHC discharge under the provisions of chapter 10, Army Regulation 635-200. 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. By regulation, the SPD code of KFS and the RE code of RE-4 are the proper codes to assign members...
ARMY | BCMR | CY2009 | 20090009807
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, upgrade of his under other than honorable conditions discharge to an honorable discharge. The applicant nor counsel have provided no evidence or a convincing argument to show his discharge should be upgraded and his military records contain no evidence which would entitle him to an upgrade of his discharge.
ARMY | BCMR | CY2009 | 20090009810
The applicant requests, in effect, correction of his records to show that he was restored to the rank of specialist five/pay grade E-5. There is no evidence in the applicants record, nor has he provided any evidence, to show the action taken against him was in error or unjust. There is no evidence in his records that shows any action was taken to restore his rank to specialist five.
ARMY | BCMR | CY2009 | 20090009811
The imposing commander directed this Article 15 be filed in the performance portion of the applicant's Official Military Personnel File (OMPF). The evidence of record shows that the DA Form 2627, dated 9 February 2001, is properly filed in the applicant's OMPF as directed by the imposing commander. There is no evidence of record and the applicant provides no evidence to show that the DA Form 2627 is untrue or unjust or that the imposing commander ordered all charges dismissed.
ARMY | BCMR | CY2009 | 20090009813
The FSM's military service records are not available to the Board for review. This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record at the time; b. the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a...
ARMY | BCMR | CY2009 | 20090009817
On 18 June 2007, the applicant was separated under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial with an under other than honorable conditions discharge. 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. This chapter includes a list of armed forces RE codes, including Regular Army RE codes.
ARMY | BCMR | CY2009 | 20090009829
A Doctor of Philosophy (PhD) degree in pharmacy may be awarded 4 years of CSC, but a Doctor of Pharmacy (PharmD) degree may only be awarded 2 years of CSC, provided it was not earned concurrently with an MD degree and the degree adds adjunctive skills to the primary medical specialty to which assigned. In the processing of this case, an advisory opinion was obtained from the Program Manager of Graduate Medical Education Division, Office of the Surgeon General which states that DOD Directive...
ARMY | BCMR | CY2009 | 20090009830
The applicant requests correction of his discharge document to show he served overseas in Iraq and also all of his authorized awards. Based on the determination that the applicant served in Kuwait/Iraq in support of OIF, it would also be appropriate to correct his DD Form 214 to show his authorized awards: a. Records show the applicant qualified for award of the GWOTSM for his service in support of the Global War on Terrorism outside the AOE for award of the GWOTEM.
ARMY | BCMR | CY2009 | 20090009832
When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. The applicant was 22 years old when he enlisted and he served almost 3 years of service prior to his general court-martial conviction. Therefore, the applicant's record of service is insufficiently meritorious to warrant a general discharge.
ARMY | BCMR | CY2009 | 20090009836
The applicant's DD Form 214 shows he entered active duty this period on 8 February 1977 and he was discharged on 20 June 1981 in accordance with the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial, and his service characterized as under other than honorable conditions. In 1986, the applicant submitted two DD Forms 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States) to the Army...
ARMY | BCMR | CY2009 | 20090009845
The applicant requests upgrade of his under other than honorable conditions discharge to an honorable discharge. The applicant's DD Form 214 (Report of Separation from Active Duty) shows he was discharged on 15 June 1979 in accordance with the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial, and his service characterized as under other than honorable conditions. There is no evidence the applicant applied to the Army Discharge...
ARMY | BCMR | CY2009 | 20090009846
Item 38 (Record of Assignments) that he was assigned to Company C, 1st Battalion, 8th Cavalry, 1st Cavalry Division (RVN), from 9 May 1969 to 4 January 1970, and assigned to Company E, 1st Battalion, 8th Cavalry, 1st Cavalry Division (RVN), from 5 January 1970 to 6 April 1970; c. Item 39 (Campaigns) is blank; d. Item 40 (Wounds) that he sustained a fragment wound to his right arm on 3 December 1969; and e. Item 41 (Awards and Decorations) that he was awarded the National Defense Service...
ARMY | BCMR | CY2009 | 20090009848
The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 4 June 1984 be corrected to show his service in the U.S. Army Reserve (USAR) from March 1982 to March 1988. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. DISCUSSION AND CONCLUSIONS: The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active...
ARMY | BCMR | CY2009 | 20090009849
Application for correction of military records (with supporting documents provided, if any). Therefore, there is insufficient evidence on which to base any award of the Bronze Star Medal in this case. While the available evidence is insufficient for awarding the applicant the Bronze Star Medal, this in no way affects the applicants right to pursue his claim for the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130.
ARMY | BCMR | CY2009 | 20090009851
The applicant requests award of the Purple Heart. There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II. Regrettably, there is insufficient evidence on which to base award of the Purple Heart in this case.
ARMY | BCMR | CY2009 | 20090009855
On 31 October 1988, the separation authority approved the applicant's voluntary request for discharge and directed that she be furnished an under other than honorable conditions discharge. Accordingly, the applicant was discharged under other than honorable conditions on 3 November 1988 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial. Therefore, the applicant's record of service is insufficiently meritorious to...
ARMY | BCMR | CY2009 | 20090009856
Item 31 (Foreign Service) he served in Thailand from 22 August 1968 through 9 August 1969, and in the Republic of Vietnam (RVN) from 1 October 1969 through 18 September 1970; c. Item 38 (Record of Assignments) that he was assigned to the: (1) U.S. Army Strategic Communications Command (USASTRATCOM) Facility, Korat [Thailand] from 26 August through 9 September 1968; (2) USASTRATCOM Facility, Korat [Thailand] and attached to the Command Communications Control Center (CCCC) [Thailand] from 10...
ARMY | BCMR | CY2009 | 20090009860
The applicant's military records are not available to the Board for review. The applicant provided a WD AGO Form 106, dated 10 June 1946, in support of his claim for award of the Purple Heart. Regrettably, there is insufficient evidence on which to award the Purple Heart in this case.
ARMY | BCMR | CY2009 | 20090009861
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 April 1995 to show his prior active and inactive service. 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 inducted on 24 February 1970 and was released from active duty on 26 October 1971 after...
ARMY | BCMR | CY2009 | 20090009863
The applicant requests that his discharge under other than honorable conditions be upgraded to a general discharge. On 12 February 1982, the separation authority approved the applicant's voluntary request for discharge and directed that he be furnished an under other than honorable conditions discharge. Since the applicants record of service included two nonjudicial punishments and a serious offense for which a special court-martial charge was preferred, his record of service was not...
ARMY | BCMR | CY2009 | 20090009865
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Belgian Fourragere, the European-African-Middle Eastern (EAME) Campaign Medal with four bronze service stars, the Army of Occupation Medal with Germany Clasp, the Good Conduct Medal, the American Defense Service Medal, the American Campaign Medal, the World War II Victory Medal, and the Honorable Service Lapel Button. Since the Good Conduct Medal, the American Defense...
ARMY | BCMR | CY2009 | 20090009868
His punishment consisted of a forfeiture of pay (suspended), correctional custody for 7 days, and extra duty. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. Therefore, the applicant's record of service is insufficiently meritorious to warrant an honorable discharge or a general discharge.
ARMY | BCMR | CY2009 | 20090009878
This document shows the applicant's unit (2nd Battalion, 3rd Infantry) at the time of his assignment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation (19 June 1968 to 31 July 1970) based on Department of the Army General Orders (DAGO) Number 51, dated 1971. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon...
ARMY | BCMR | CY2009 | 20090009882
DISCUSSION AND CONCLUSIONS: 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 ordered to active duty on 26 February 1963 for training and he was released from active duty on 24 August 1963 which is properly reflected on his DD Form 214 for the period ending 24 August 1963. Since the applicant was discharged from the USAR Control Group...
ARMY | BCMR | CY2009 | 20090009883
On 1 September 1960, the separation authority determined that the applicant should be eliminated from the service under the provisions of Army Regulation 635-209 for apathy and directed the applicant receive a general discharge. The applicant's DD Form 214 shows he was discharged on 19 September 1960 with a general discharge under the provisions of Army Regulation 635-209 for unsuitability with the separation program number (SPN) 264 for unsuitability due character and behavior disorders. ...
ARMY | BCMR | CY2009 | 20090009886
In his request for discharge, the applicant indicated that he understood that by requesting discharge, he was admitting guilt to the charges against him, or of a lesser included offense, that also authorized the imposition of a bad conduct discharge or a discharge under other honorable conditions. He also indicated that if a chapter 10 was approved, he would recommend an under other than honorable conditions discharge. The DD Form 214 (Certificate of Release or Discharge from Active Duty)...
ARMY | BCMR | CY2009 | 20090009888
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. However, his records contain a properly constituted DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that confirms he was discharged on 19 November 1971 under the provisions of Army Regulation 635-212...
ARMY | BCMR | CY2009 | 20090009891
The ADRB also directed that his narrative reason for separation be changed to Secretarial Authority under the provisions of Army Regulation 635-200, chapter 5, and that his separation code be changed to "JFF." The regulation states the reason for separation based on separation code "JFF" is "Secretarial Authority" and the regulatory authority is Army Regulation 635-200, chapter 5-3. Pertinent Army regulations provide that prior to discharge or release from active duty individuals will be...
ARMY | BCMR | CY2009 | 20090009895
Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may, submit a request for discharge for the good of the service in lieu of trial by court-martial. Table 2-1 (Composition of the OMPF) of this Army regulation states that the DD Forms 553 and 616 are filed on the performance section of the OMPF and that the DA Form 4187 that shows time lost to be made good to...
ARMY | BCMR | CY2009 | 20090009899
On 13 September 2007, the applicant requested an honorable discharge from the USAR based upon the non-duty related medical disqualification. Chapter 7 (Physical Profiling) of Army Regulation 40-501 (Standards of Medical Fitness) provides that the basic purpose of the physical profile serial system is to provide an index to the overall functional capacity of an individual and is used to assist the unit commander and personnel officer in their determination of what duty assignments the...
ARMY | BCMR | CY2009 | 20090009900
Title 10, US Code, section 1174, states that "a regular enlisted member of an armed forces who is discharged involuntarily or as a result of the denial of the reenlistment of the member and who has completed six or more, but less than 20 years of active service immediately before that discharge, is entitled to separation pay under subsection (d) unless the Secretary concerned determines that the conditions under which the member is discharged do not warrant payment of such pay." The Service...
ARMY | BCMR | CY2009 | 20090009904
IN THE CASE OF: BOARD DATE: 12 January 2010 DOCKET NUMBER: AR20090009904 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the BSM based upon award of the Combat Infantryman Badge and adding that decoration to his WD AGO Form 53-55.
ARMY | BCMR | CY2009 | 20090009905
There is no evidence of record which shows the applicant was recommended for award of the Bronze Star Medal with V Device. There is no evidence of record which shows the applicant was recommended for or awarded the Bronze Star Medal with "V" Device. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received in action on 17 July 1968 in Vietnam; b. awarding him the first award...
ARMY | BCMR | CY2009 | 20090009909
There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. In the absence of orders, his medical records, or other evidence of record showing that the applicant was injured or treated for wounds as a result of hostile action in Vietnam, the eyewitness statements provided by the applicant are not sufficient as a basis for award of the Purple Heart. Regrettably, there is insufficient...
ARMY | BCMR | CY2009 | 20090009910
The applicant requests promotion reconsideration by a Standby Advisory Board (STAB) based on the criteria of the Calendar Years 2008 and 2009 (CY 08 and CY 09) Sergeant First Class (SFC), E-7 Promotion Boards. On 12 February 2009, the ASRB directed the report be removed from her Official Military Personnel File (OMPF); however, this was not done before the CY 09 Promotion Board convened and reviewed her record. Therefore, notwithstanding the ASRB's determination that promotion...
ARMY | BCMR | CY2009 | 20090009918
This document shows the applicant's unit (6th Battalion, 31st Infantry) at the time of his assignment was awarded the Valorous Unit Award for actions during the period 5-12 May 1970 based on Department of the Army General Orders (DAGO) Number 48, dated 1971. 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....
ARMY | BCMR | CY2009 | 20090009919
The applicants DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), two awards of the Overseas Service Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards. There is no evidence the applicant received the first award of the Good Conduct Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2009 | 20090009920
Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal. The applicant participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars. As a result, the Board...
ARMY | BCMR | CY2009 | 20090009921
The evidence of record shows the applicant served a qualifying period for award of the National Defense Service Medal which is not shown on his records; therefore, he is entitled to correction of his records to show this award. It would therefore be appropriate to award the applicant the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his records to show this award. As a...
ARMY | BCMR | CY2009 | 20090009923
These JFTR provisions and time limitations for the shipment of HHG were also in effect at the time of the applicants retirement. The evidence of record shows the applicant was honorably retired on 1 April 2006. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant timely requested and received approval for annual extensions of his retirement transportation entitlements through 31 March 2010.
ARMY | BCMR | CY2009 | 20090009926
Application for correction of military records (with supporting documents provided, if any). The DD Form 214 he was issued shows he completed 5 years, 1 month, and 1 day of creditable active service. The applicant's records show he was awarded the Global War on Terrorism Expeditionary Medal for what appears to be his service in Iraq from 4 March 2003 to 23 November 2003.
ARMY | BCMR | CY2009 | 20090009927
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that his under other than honorable conditions (UOTHC) discharge be upgraded to an honorable discharge (HD). On 4 December 1995, the Army Discharge Review Board (ADRB), after careful consideration of all evidence submitted in support of his request and the applicant's entire service record, determined his discharge was proper and equitable, and it voted to deny...
ARMY | BCMR | CY2009 | 20090009929
The applicant requests, in effect, that his general, under honorable conditions discharge (GD) be upgraded to an honorable discharge (HD). There is no indication that the applicant ever petitioned the Army Discharge Review Board (ADRB) for an upgrade of his discharge within that board's 15 year statute of limitations. The evidence of record confirms the applicant was discharged under the provisions of Army Regulation 635-212, by reason of unsuitability (character and behavior disorder), as...
ARMY | BCMR | CY2009 | 20090009931
Application for correction of military records (with supporting documents provided, if any). The applicant requests removal of her Saint Regis University college transcript from her Official Military Personnel File (OMPF). There is no evidence to suggest that the document in question is filed in error, nor is there any evidence it has adversely affected the applicants career.
ARMY | BCMR | CY2009 | 20090009932
The applicant states he was wounded by shrapnel from enemy fire in Korea on 29 May 1953 and that at the time of receiving the wound, he told the medic or doctor that he did not want the Purple Heart for fear of a telegram going home to his wife. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in...