ARMY | BCMR | CY2009 | 20090010246
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his under other than honorable conditions discharge be upgraded to a general discharge. The applicant's record shows he was AWOL on 7 October 1978 and there is no evidence he was ever returned to military control.
ARMY | BCMR | CY2009 | 20090010247
Application for correction of military records (with supporting documents provided, if any). Army Regulation 635-200, chapter 16, specifies that Soldiers serving on a second or subsequent enlistment who are denied or ineligible for continued active duty service for refusing to take action to meet military service remaining requirements may request voluntary separation by signing a DA Form 4991R pursuant to Army Regulation 601-280 (Army Retention Program). As a result, the Board recommends...
ARMY | BCMR | CY2009 | 20090010251
The applicant requests that his under other than honorable conditions discharge be upgraded to an honorable or general discharge. He states that he returned a week later and was reduced to pay grade E-1 and discharged. While the applicant's discharge packet is not available, his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that on 24 June 1992 he was discharged under other than honorable conditions under the provisions of Army Regulation 635-200, chapter 10, for...
ARMY | BCMR | CY2009 | 20090010253
The applicant provided numerous copies of his medical records that show he was seen at the servicing medical clinic on the following dates for the following conditions: a. Evidence of record shows that the applicant received a temporary profile in August 2003 after being released from the hospital where numerous studies were conducted for his seizure disorder. Consequently, the applicant's medical condition, although not considered medically unfitting for military service at the time of...
ARMY | BCMR | CY2009 | 20090010254
Army Regulation 600-8-22 (Military Awards), paragraph 1-41 states that the order and precedence for awards and decorations when worn are as follows: a. Decorations, the Good Conduct Medal, service medals, and service ribbons are ranked in the following order of precedence when worn or displayed: (1) U.S. military decorations. (9) Non-U.S. service medals and ribbons. Evidence of record also shows that General P_______ was also authorized two U.S. Department of the State awards.
ARMY | BCMR | CY2009 | 20090010258
The applicant's record contains a DD Form 215 (Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge), dated 6 November 1972, which corrected his DD Form 214, dated 9 November 1970, to show award of the Air Medal with the Numeral 6. Army Regulation 600-200 (Enlisted Personnel Management System) provides, in pertinent part, that a Soldier who can perform duties required of any 3-character MOS may be awarded that MOS. Although the applicant served in...
ARMY | BCMR | CY2009 | 20090010259
He indicates he took the advisory opinion to the PAARNG and therefore, he provided Orders 352-1001 placing him in the USAR effective 12 October 2008, which is before the convening date of the November 2008 board. Based on the HRC-STL advisory opinion, as an Army National Guard officer the applicant was not in the zone for consideration for promotion to captain by the FY 2009 board and the applicant's request to HRC-STL for an SSB was denied. If he is selected for promotion by the SSB and...
ARMY | BCMR | CY2009 | 20090010260
He further states that according to the PEB [actually medical evaluation board (MEBD)) he was found fit to return to duty with assignment limitations but a medical opinion recommended that he be separated. The evidence of record shows that the applicant appeared before an MEBD and the board recommended that he return to duty with some assignment limitations. Consequently, there is no basis for granting the applicant's request to correct his records to show that he was medically retired.
ARMY | BCMR | CY2009 | 20090010261
On 21 March 1973, the separation authority approved the applicant's discharge under the provisions of Army Regulation 635-206 for an unauthorized absence that had continued for more than 1 year, with a general, under honorable conditions discharge. The evidence of record shows that he was recommended for a general, under honorable conditions discharge by reason of an unauthorized absence of more than 1-year. The evidence of record also shows the applicant was absent without proper...
ARMY | BCMR | CY2009 | 20090010262
He further states, in effect, that the Army Retirement Services explained that his wife had to sign a separate notarized statement concurring with his SBP election. The applicant provided a Spouse SBP Election Concurrence Statement indicating that his spouse elected to not participate in the SBP at the time of the his retirement and declined to participate in the program. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...
ARMY | BCMR | CY2009 | 20090010263
The applicant requests, in effect, that his under other than honorable conditions (UOTHC) discharge be upgraded to a general discharge (GD), under honorable conditions or to a fully honorable discharge (HD). On 19 February 1993, the separation authority approved the applicant's request for discharge under the provisions of chapter 10, Army Regulation 635-200, and directed that he receive a UOTHC discharge. The evidence of record further shows the applicant voluntarily requested discharge...
ARMY | BCMR | CY2009 | 20090010264
The evidence of record confirms that the applicant was WIA in the RVN on the following three dates: 27 September 1967, 27 October 1967, and 25 March 1968, as evidenced by entries in item 40 of his DA Form 20 and on the Vietnam casualty roster, and by PH orders on file in his record. As a result, since there is no evidence supporting a conclusion that the applicant was wounded in two separate actions on 27 October 1967, and given this award order was not signed and approved by proper...
ARMY | BCMR | CY2009 | 20090010265
The applicant's record is void of any orders or other documents that show he was ever recommended for or awarded the ARCOM or AAM by proper authority while serving on active duty. As a result, it would also be appropriate to award the applicant the first award of the AGCM for his qualifying period of honorable active duty service from 25 February 1964 to 24 February 1966, and to add this award to his record and DD Form 214 at this time. As a result, the Board recommends that all Department...
ARMY | BCMR | CY2009 | 20090010266
He further included a copy of a Report of Medical Board at the Naval Medical Center, San Diego, dated 12 May 2005, which shows a diagnosis of chronic PTSD; major depression; and healing third degree burns on all extremities, face and scalp, and diabetes. The TDRL approving authority reviewed the applicants comments and concurred with the TDRL findings on 7 January 2008; d. on 10 January 2008, an informal PEB found the applicant unfit for a variety of conditions and rated him at 80% and...
ARMY | BCMR | CY2009 | 20090010267
Application for correction of military records (with supporting documents provided, if any). It stipulates that the SPD code of MBK will be assigned to Soldiers separated under the provisions of chapter 4, Army Regulation 635-200, by reason of completion of required service, who have a DCSS in force and are REFRAD and transferred to the RC. However, by regulation, an RE-3 is the proper code to assign members REFRAD at the completion of their required active service when a DCSS is in force.
ARMY | BCMR | CY2009 | 20090010268
The advisory opinion was provided to the applicant and his counsel for response and the applicant's counsel responded to the effect that the applicant received a DD Form 215 (Correction to DD Form 214) in August 2009 which changed his rank to LTC, his DOR to 9 November 1999, and his retirement date to 31 October 2004. Further, there is no evidence the applicant served on active duty from the date of his actual retirement on 1 November 2002 until 31 October 2004. Therefore, the Board...
ARMY | BCMR | CY2009 | 20090010270
Application for correction of military records (with supporting documents provided, if any). However, while there is insufficient documentation and evidence for the Board to correct the applicant's record and DD Form 214 by adding a second or subsequent award of the BSM, this in no way affects the applicant's right to pursue his claim for this award by submitting a request with an award recommendation and supporting evidence through his Member of Congress under the provisions of Title 10,...
ARMY | BCMR | CY2009 | 20090010271
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that a third award of the Overseas Service Ribbon (OSR) and the Iraq Campaign Medal (ICM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). The evidence of record shows the applicant only served in Iraq for 2 months and 24 days from 13 February 2003 through 6 May 2003.
ARMY | BCMR | CY2009 | 20090010274
Calendar Year (CY) 2008 Officer Active Guard Reserve (AGR) Released from Active Duty (REFRAD) /Active Service Management Board (ASMB) should be considered invalid/revoked; b. chief warrant officer five (CW5) is not an controlled grade and he should be retained on the Title 32 AGR Program; and c. if released from the AGR Program that he be released not less that 9 to 12 months after being demobilized. The applicant replied to the advisory opinion by stating the NGB-AHP Policy Memorandum...
ARMY | BCMR | CY2009 | 20090010275
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 29 August 2008, the Army Grade Determination Review Board (AGDRB) informed the applicant that he was not eligible for advancement on the Retired List to a commissioned rank since he did not serve on active duty or full-time National Guard duty for a period of more than 6 months. The intent of Title l0, U.S. Code, section 3964, is that each enlisted retired member of the Army who is retired with less than 30 years of active service is...
ARMY | BCMR | CY2009 | 20090010276
State of South Carolina, Military Department, Orders 87-2, dated 5 May 1997, promoted the applicant to first lieutenant effective 5 May 1997. State of South Carolina, Military Department, Orders 096-819, dated 6 April 2002, promoted the applicant to captain effective 3 April 2002. Army Regulation 600-8-104 (Military Personnel Information Management/ Records), provides in Table 2-1 (Composition of the OMPF) that letters of notification to officers considered for promotion but not selected...
ARMY | BCMR | CY2009 | 20090010277
The applicant requests, in effect, the removal of one award of the Army Commendation Medal (ARCOM) from his Official Military Personnel File (OMPF) and correction of another award of the ARCOM that is filed in his OMPF. The evidence of record shows that the applicant was recommended for award of the Bronze Star Medal for meritorious service in Iraq. The evidence of record further shows that upon his departure from Fort Sill, he was again recommended for an ARCOM as a PCS award.
ARMY | BCMR | CY2009 | 20090010278
The applicant provides his DD Form 214; a letter dated 16 April 1972, Subject: Promotion Merit Roster to Grade E-5 and E-6; a Bronze Star Medal (BSM) with "V" Device Citation which states the decoration was awarded "For distinguishing himself by exceptionally meritorious achievement in connection with ground operations against a hostile force in the Republic of Vietnam during the period 6 February 1972; a BSM Certificate which states that the BSM with "V" Device was awarded to the applicant...
ARMY | BCMR | CY2009 | 20090010280
On 16 November 2006, the U.S. Army Court of Criminal Appeals considered the entire record and held that the findings of guilty and the sentence as approved by the convening authority were correct in law and fact. The applicant requested a personal appearance before the Board; however, since there is sufficient evidence on the record to fully consider this case, a formal hearing is not warranted. The applicant's conviction and discharge were effected in accordance with applicable law and...
ARMY | BCMR | CY2009 | 20090010283
There are no orders awarding the applicant the CIB or the Purple Heart in his records, and there are no medical records which show that he was wounded as a result of hostile action. The applicant was never awarded the MOS 11B and never served in an infantry unit. There are no medical records which show that the applicant was treated for wounds incurred as a result of hostile action, his name is not contained on the Vietnam Casualty List, and his DA Form 20 does not show that he was wounded.
ARMY | BCMR | CY2009 | 20090010284
The applicant states, in effect, that he should be given a qualifying year of service during his second year of enlisted service since he never left active duty when he was commissioned. The applicant's Army Reserve Personnel Command Form 249-E (Chronological Statement of Retirement Points) shows that the applicant enlisted in the Regular Army on 29 September 1967 and he was commissioned in the USAR on 8 August 1969. As such, it would be appropriate to correct the applicant's records to...
ARMY | BCMR | CY2009 | 20090010290
Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. A discharge may be upgraded by the Army Discharge View Board (ADRB) within its 15-year statute of limitations or this Board if either determines the discharge was improper or inequitable. _______ _ X_______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military...
ARMY | BCMR | CY2009 | 20090010292
The applicant's records further show he enlisted in the Regular Army for a period of 3 years in the rank/grade of specialist/E-4 on 29 June 2005. He subsequently completed OCS at Fort Benning, GA, from 29 June 2005 to 14 December 2005 and was honorably discharged on 14 December 2005 for the purpose of accepting a commission in the Army. The applicant enlisted on 10 May 2005 under an enlistment program that became effective on 11 April 2005; he enlisted in the Regular Army under the OCS...
ARMY | BCMR | CY2009 | 20090010293
Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. While the applicant stated that he went AWOL because of marital problems, he did not say anything to his commander about his 1SG's behavior.
ARMY | BCMR | CY2009 | 20090010307
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his undesirable discharge be upgraded to a general discharge. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.
ARMY | BCMR | CY2009 | 20090010309
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Evidence of record shows the applicant enlisted in the Regular Army (RA) on 5 October 2000. There is no evidence, and the applicant has not provided any, which shows that his administrative discharge from the Army was incorrect or that disability retirement or separation would have been more appropriate.
ARMY | BCMR | CY2009 | 20090010312
There is no evidence in available records which indicates if the applicant was ever punished for this period of AWOL. This program, known as the DOD SDRP, required, in the absence of compelling reasons to the contrary, that a discharge upgrade to either honorable or general be issued in the case of any individual who had either completed a normal tour of duty in Southeast Asia, been wounded in action, been awarded a military decoration other than a service medal, had received an honorable...
ARMY | BCMR | CY2009 | 20090010315
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 30 September 1977 to reflect two awards of the Meritorious Service Medal. Documents in the applicants records show that on 5 December 1974, General Orders Number 107, published by Headquarters, William Beaumont Army Medical Center, El Paso, TX, awarded him the Meritorious Service Medal for meritorious service during the period 1 August 1972 to 1 August 1974. Therefore, the...
ARMY | BCMR | CY2009 | 20090010316
The evidence of record confirms that the applicant's 1968 DD Form 214 correctly reflects all of the awards and decorations the applicant was entitled to with the exception of two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation which were awarded while he was assigned to the 402nd Transportation Detachment and the 170th Aviation Company. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he...
ARMY | BCMR | CY2009 | 20090010319
There is sufficient evidence which confirms the applicant was wounded as a result of hostile action and as such is entitled to an award of the Purple Heart for wounds sustained on 18 June 1967 while in Vietnam. Records show the applicant was awarded the Vietnam Service 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 Purple Heart for wounds received on 18 June 1967 while in Vietnam; b. deleting...
ARMY | BCMR | CY2009 | 20090010328
IN THE CASE OF: BOARD DATE: 13 May 2010 DOCKET NUMBER: AR20090010328 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant's record shows after serving in an enlisted status from 27 November 1984 through 22 June 1990, he was appointed as a Reserve commissioned officer in the grade of 2LT and entered the Army National Guard (ARNG) on 23 June 1990. The applicant was considered and selected for promotion to MAJ by the 2006 RCSB and his promotion and Federal recognition dates were...
ARMY | BCMR | CY2009 | 20090010334
The applicant requests that his 2002 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect award of the Global War on Terrorism Expeditionary Medal (GWOTEM) and the Global War on Terrorism Service Medal (GWOTSM). Army Regulation 600-8-22 states that the Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations...
ARMY | BCMR | CY2009 | 20090010337
The applicant requests, in effect, that his name be removed from the National Crime Information Center (NCIC), Federal Bureau of Investigation (FBI) database and that a DA Form 2627 (Record of Proceedings Under Article 15 of the Uniform Code of Military Justice (UCMJ)) be expunged from his official military personnel file (OMPF). The applicant was serving in pay grade E-7 at the time he was punished under Article 15 of the UCMJ and the DA Form 2627 was filed in the performance portion of...
ARMY | BCMR | CY2009 | 20090010339
The applicant's military records show he enlisted in the Regular Army in pay grade E-1 on 15 April 1971 for 2 years. On 11 February 1981, the Army Discharge Review Board denied the applicant's request for a change of his discharge. There is also no evidence the applicant completed his alternate service pursuant to Presidential Proclamation 4313 for the issuance of a clemency discharge.
ARMY | BCMR | CY2009 | 20090010342
The applicant requests, in effect, award of a monetary entitlement, i.e., severance or separation pay, based on the upgrade of her discharge. Based on her separation for misconduct, she was not entitled to separation pay. It is also noted that had the applicant been separated for physical disability reasons she may have been eligible for award of severance pay.
ARMY | BCMR | CY2009 | 20090010343
The evidence of record shows the applicant enlisted in the DEP on 14 January 2003 with the understanding he would enter active duty on 22 July 2003 for enlistment in the Regular Army for 3 years. The evidence of record supports the fact that the applicant's first enlistment and entry on active duty was actually on 22 July 2003 and he was not provided a DD Form 214 showing he entered active duty on that date. As a result, the Board recommends that all the Department of the Army records of...
ARMY | BCMR | CY2009 | 20090010345
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards: the Army Good Conduct Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Presidential Unit Citation with 3rd Oak Leaf Cluster, the Meritorious Unit Commendation, the Vietnamese Unit Citation, the "Airborne and Air Assault Commemorative," and the "Overseas Service...
ARMY | BCMR | CY2009 | 20090010347
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant states, in effect, that his separation and RE codes are in error because he was not told why he was being barred from reenlistment. The SPD code of KGF had a corresponding RE Code of 4. The regulation also specified that an RE Code of RE-3 would be applied when there was a locally imposed bar to reenlistment and the Soldier had less than 18 years active service.
ARMY | BCMR | CY2009 | 20090010349
Application for correction of military records (with supporting documents provided, if any). The regulation specified that Item 24c would contain the total amount of active duty served outside the continental limits of the United States during the period covered by the DD Form 214. ___________x_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ARMY | BCMR | CY2009 | 20090010350
Application for correction of military records (with supporting documents provided, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 6 August 2008, the applicant was discharged accordingly.
ARMY | BCMR | CY2009 | 20090010353
The applicant requests, in effect, change of her uncharacterized discharge to an honorable discharge. Likewise, there is no evidence to support her contention that she was told her uncharacterized discharge would be changed to honorable within 3 months of separation. The evidence shows her chain of command appropriately counseled her and referred her to individuals/agencies who could help her resolve her feelings toward the Army.
ARMY | BCMR | CY2009 | 20090010357
The applicant requests, in effect, that his 1999 discharge be voided and correction of his records to show he remained on active duty until mandatory retirement at 20 years, with appropriate back pay and allowances. The applicant states, in effect, that he was improperly discharged on 1 February 1999 with 18 years and 14 days net active service and he should have been allowed to remain on active duty until he completed 20 years of service and mandatorily retired. The applicant was...
ARMY | BCMR | CY2009 | 20090010359
He was discharged on 10 May 1991. The applicant requests a discharge upgrade to honorable. Instead he requested discharge in lieu of trial.
ARMY | BCMR | CY2009 | 20090010363
There is no evidence in the applicant's records to show he was ever TDY to Vietnam. The applicant was separated from active duty on 2 April 1965; even if there was evidence of service in Vietnam, he would not have qualified for the Vietnam Service Medal. ___________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 | 20090010365
The material evidence presented to the VA shows that the applicant was wounded on 28 March 1945 by an accidental discharge from a U.S. Army Soldier's pistol. Army Regulation 600-45 (Decorations), then in effect, which governed the award of Army decorations until 23 August 1951, stated the Purple Heart was awarded to citizens of the United States serving with the Army, who are wounded in action against an enemy of the United States, or as a direct result of an act of such enemy, provided...