ARMY | BCMR | CY2009 | 20090010524
The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 26 February 1993, be corrected by adding the two awards of the Joint Service Achievement Medal (JSAM) and one award of the Joint Service Commendation Medal (JSCM). Army Regulation 600-8-22 (Military Awards) contains the Armys awards policy. However, the evidence of record confirms the applicant was awarded the JSAM for meritorious service during the period 7 August 1990...
ARMY | BCMR | CY2009 | 20090010534
The applicant requests correction of his records to show his home of record (HOR) as Puerto Rico instead of Rocky Mount, NC. However, the evidence of record shows that the applicant enlisted in the RA at the Raleigh MEPS, Raleigh, NC. _______ _ _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 | 20090010536
The previous case included an advisory opinion from the Chief, Military Personnel Actions Branch, AR-PERSCOM, which stated that the applicant's request for a date of rank of 15 June 2000 was inappropriate because the June 2000 Position Vacancy Board which recommended the applicant for promotion was not approved by the President until 7 January 2001. The applicant provided a written response to the advisory opinion which essentially stated that "there is no provision to promote an officer...
ARMY | BCMR | CY2009 | 20090010539
The applicant requests correction of item 12a (Date Entered AD This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that he entered on active duty on 1 August 1986 instead of 1 August 1988. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. Therefore, his DD Form 214 should be corrected accordingly.
ARMY | BCMR | CY2009 | 20090010546
On 8 October 1993, the State of Colorado Denver County Court authorized the applicant's request for a legal name change from J____ F____ B_____ to R_____ H_____ A_____. In accordance with Title 10, U. S. Code, section 1552, the authority under which this Board acts, the Army Board for Correction of Military Records is not empowered to set aside a conviction. However, even if the applicant had submitted documentation to show he had marital and alcohol problems and is now a good citizen, it...
ARMY | BCMR | CY2009 | 20090010553
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. His DD Form 214 does not show the applicant was awarded the Combat Infantryman Badge. _______ _ X_______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...
ARMY | BCMR | CY2009 | 20090010562
The applicant requests that item 22 (Official Authorized to Sign) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 3 August 1991 be signed by an appropriate authority. Therefore, the applicant's records should be corrected to show that an approval authority signed her DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. preparing a corrected copy of her DD Form...
ARMY | BCMR | CY2009 | 20090010563
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 20 November 2005 as follows: a. item 7a (Place of Entry into Active Duty) to show "Fargo, ND" instead of "Redmond, OR"; and b. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to show the Purple Heart, Army Good Conduct Medal, Overseas Service Ribbon, Combat Infantryman Badge, Driver and Mechanic Badge, and...
ARMY | BCMR | CY2009 | 20090010564
He is authorized the award of the Combat Infantryman Badge based on his award of the Purple Heart, his infantryman MOS, and the infantry unit to which he was assigned. Therefore, his records should be corrected to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Combat Infantryman Badge for active ground combat while serving in Vietnam assigned to an infantry unit on 23 February...
ARMY | BCMR | CY2009 | 20090010566
The applicant provides, in support of his application, copies of his PCS Orders; DA Form 31 (Request and Authority for Leave), dated 3 May 2006; DD Form 2278 (Application for DITY and Counseling Checklist); FHT Form 55-X25 (DITY Information Data Sheet); Defense Finance and Accounting Service (DFAS) Travel Voucher, dated 12 May 2006, with a copy of his DD Form 1351-2 (Travel Voucher or Subvoucher), dated 11 May 2006; DFAS Travel Voucher, dated 11 May 2009; DITY Checklist and Certification of...
ARMY | BCMR | CY2009 | 20090010568
Item 4a on the applicant's DD Form 214 shows the entry "SGT" [sergeant]. Therefore, there is insufficient evidence on which to amend items 4a and 4b on his DD Form 214 to show staff sergeant/E-6. The entry in Section I on the applicant's ERB which shows he served in Kuwait from 29 October 1990 to 15 April 1991 is accepted as sufficient evidence on which to amend item 18 on his DD Form 214 to show this deployment.
ARMY | BCMR | CY2009 | 20090010569
The applicant requests upgrade of his general, under honorable conditions discharge to a fully honorable discharge. On 4 February 1981 the applicant was notified by his unit commander of his (the commanders) intent to initiate action to discharge him (the applicant) under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 5-37 (Expeditious Discharge Program (EDP)). On 5 March 1981 the applicant was accordingly discharged with a general, under...
ARMY | BCMR | CY2009 | 20090010571
Counsel also adds that the imposing commander's actions were unduly harsh for a Soldier's first offense with no other minor infractions. A Soldier being separated upon expiration of enlistment or fulfillment of the service obligation will be awarded a character of service of honorable unless the Soldier is in an entry-level status and the service is uncharacterized. The evidence of records shows that the applicant accepted NJP under the provisions of Article 15 for leaving his appointed...
ARMY | BCMR | CY2009 | 20090010585
The applicant requests, in effect, an upgrade of his under other than honorable conditions (UOTHC) discharge. The applicant acknowledged he understood that by submitting the request for discharge that he was guilty of the charges against him. On 17 April 1990, the separation authority approved the applicant's request for discharge and directed that he receive an UOTHC discharge.
ARMY | BCMR | CY2009 | 20090010587
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to include her award of the Legion of Merit, awarding her the Korea Defense Service Medal, and changing her nearest relative. Therefore, it would be appropriate to correct her DD Form 214 to show this award. 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 her DD Form 214 the Legion of Merit and...
ARMY | BCMR | CY2009 | 20090010589
The applicant requests award of the Combat Infantryman Badge, Air Medal, Parachute Rigger Badge, and any unit awards he may be entitled to. 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. deleting from item 24 of his DD Form 214 the Vietnam Service Medal; b. awarding him the Combat Infantryman Badge and the Parachute Rigger Badge; and c. adding to item...
ARMY | BCMR | CY2009 | 20090010592
The applicant provides a DA Form 1559, dated 4 June 2008, which shows he submitted a request to the Office of the IG at Fort Leavenworth in order to obtain its assistance with receiving payment of his $6,000.00 Officer Accession Bonus entitlement. The DA G-1 recommended disapproval of the applicant's request since 35D was not an authorized critical skill for the Officer Accession Bonus at the time of the applicant's enlistment or at the time he was commissioned. The evidence shows that AOC...
ARMY | BCMR | CY2009 | 20090010593
Application for correction of military records (with supporting documents provided, if any). Accordingly, the applicant was discharged with a bad conduct discharge on 7 October 1988 under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 3, as a result of court-martial. Therefore, the applicant's record of service is insufficiently meritorious to warrant an honorable discharge or a general discharge.
ARMY | BCMR | CY2009 | 20090010595
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that his discharge under other than honorable conditions be upgraded to an honorable or general discharge. The applicant also acknowledged he understood that if his request for discharge was accepted, he may be discharged under other than honorable conditions and furnished an Under Other Than Honorable Conditions Discharge Certificate.
ARMY | BCMR | CY2009 | 20090010598
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. The applicant's DD Form 214 shows that on 21 November 2008 he was discharged under the provisions of Army Regulation 635-200, chapter 14-12c, due to misconduct (serious offense), with a general discharge. The VA, however, is not required by law to determine medical unfitness for further military service.
ARMY | BCMR | CY2009 | 20090010603
There is no evidence in the available record and the applicant has not provided evidence which shows that he sustained a VA rated disability as a direct result of armed conflict, specially hazardous duty, training exercises that simulate war, or caused by an instrumentality of war. Incurring disabilities while in a theater of operations or in training exercises is not, in and of itself, sufficient to grant a military retiree CRSC. Without evidence to establish a direct, causal relationship...
ARMY | BCMR | CY2009 | 20090010604
Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army Physical Disability Evaluation System (PDES) and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating. Further, his military record fails to show he suffered from a disabling condition at the time of his discharge that would...
ARMY | BCMR | CY2009 | 20090010609
Headquarters, 3rd Field Hospital, General Orders Number 63, dated 2 May 1967, show the applicant was awarded the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 2 May 1967. The applicant provides copies of two award certificates commemorating his award of the Purple Heart for wounds received in action on 2 May 1967. Records show that the applicant was awarded the Vietnam Service Medal.
ARMY | BCMR | CY2009 | 20090010612
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 Good Conduct Medal is awarded for exemplary behavior, efficiency, and fidelity in active military service. The applicant completed two qualifying periods of Federal military service for consideration of the Army Good Conduct Medal.
ARMY | BCMR | CY2009 | 20090010613
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show entitlement to the National Defense Service Medal (NDSM) and 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 Army Good Conduct Medal (first...
ARMY | BCMR | CY2009 | 20090010616
On the same date, the applicant consulted with counsel and he voluntarily requested a discharge for the good of the service in lieu of trial by court-martial under the provisions of chapter 10 of Army Regulation 635-200 (Personnel Separations Active Duty Enlisted Administrative Separations). Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities, reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. Therefore, the Board...
ARMY | BCMR | CY2009 | 20090010622
IN THE CASE OF: BOARD DATE: 13 April 2010 DOCKET NUMBER: AR20090010622 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests an upgrade of his bad conduct discharge (BCD) to a general discharge (GD) and a change to the reentry eligibility (RE) code he was assigned. Army Regulation 601-210 states 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.
ARMY | BCMR | CY2009 | 20090010626
The applicant's military records show that he was inducted into the Army of the United States on 31 May 1966. Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal for the period 31 May 1966 to 29 May 1968 and correct his military records to show the award of the Army Good Conduct 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 Army Good Conduct Medal for the...
ARMY | BCMR | CY2009 | 20090010636
The number "5" reflects the skill level of personnel serving in the pay grades of E-8 and E-9. The applicant was serving in the pay grade of E-8 in MOS 25U5S at the time of his retirement and that information should be reflected on his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in block 11 of his DD Form 214 that his primary specialty was 25U5S instead of 25U4S as currently reflected on that form.
ARMY | BCMR | CY2009 | 20090010638
Application for correction of military records (with supporting documents provided, if any). The applicant states that the medals for the ARCOM, GWOTEM, Hurricane Ike, and Hurricane Katrina are not listed on his DD Form 214. Therefore, his records should be corrected to show this award.
ARMY | BCMR | CY2009 | 20090010647
Item 1 (Last Name, First Name, Middle Name) of his DD Form 47 (Record of Induction) shows his full name as "K____, G. Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes the policies governing the official military personnel file (OMPF), the military personnel records jacket, the career management individual file, and Army personnel qualification records. With respect to award of the Purple Heart, there are no general orders that show the applicant was...
ARMY | BCMR | CY2009 | 20090010650
There are no special orders in the applicants record that show he was promoted to SGT/E-5. The evidence of record shows that at the time of separation, 16 February 1973, the applicant held the rank/grade of SP4/E-4. Promotions of enlisted personnel to grades E-5 through E-9 were announced in orders.
ARMY | BCMR | CY2009 | 20090010658
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 9 January 2003, the Army Discharge Review Board denied the applicant's request for an honorable discharge. The applicants brief record of service included 41 days of lost time.
ARMY | BCMR | CY2009 | 20090010662
BOARD DATE: 21 January 2010 DOCKET NUMBER: AR20090010662 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his undesirable discharge under other than honorable conditions be upgraded to an honorable discharge. The DD Form 214 issued to the applicant at the time confirms he was separated under the provisions of chapter 10 of Army Regulation 635-200 with an undesirable discharge under other than honorable conditions.
ARMY | BCMR | CY2009 | 20090010665
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that his undesirable discharge (UD) be upgraded to a general under honorable conditions discharge (GD). On 10 July 1981, the Army Discharge Review Board, after carefully considering the applicant's military record and all available evidence, determined the applicant's discharge was proper and equitable and it voted to deny the applicant's request for an upgrade of...
ARMY | BCMR | CY2009 | 20090010666
The applicant was discharged on 6 December 1961 under honorable conditions for a character and behavior disorder. While the applicant was not a disciplinary problem, his personality disorder prevented him from meeting the standards of acceptable conduct and performance of duty as to warrant a fully honorable discharge as established at the time of his discharge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing...
ARMY | BCMR | CY2009 | 20090010667
On 11 November 1975, the applicant's immediate commander notified the applicant of his intent to initiate action to discharge him from the Army under the provisions of chapter 5 of Army Regulation 635-200 (Personnel Separations), Expeditious Discharge Program (EDP), by reason of his numerous violations of the UCMJ, his failure to respond to numerous adverse counseling sessions, and his failure to demonstrate potential for advancement to the rank of private first class/pay grade E-3. On 11...
ARMY | BCMR | CY2009 | 20090010671
These orders indicate the applicant was assigned to HHC, 5th Battalion of the 46th Infantry, as his last duty assignment before being released from active duty. Based on the evidence, the applicant is entitled to a correction of Item 12 of his DD Form 214 to show that his last unit of assignment was HHC, 5th Battalion, 46th Infantry, 198th Light Infantry Brigade. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting...
ARMY | BCMR | CY2009 | 20090010672
The applicant requests that his general discharge be upgraded to an honorable discharge and that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect YES in block 15, to show he contributed to the Post-Vietnam Veterans Education Assistance Programs. There is no evidence in the available records to show that he ever applied to the Army Discharge Review Board for an upgrade of his discharge within that boards 15-year statute of limitations. ...
ARMY | BCMR | CY2009 | 20090010673
The applicant requests that his under other than honorable conditions discharge be upgraded to an honorable discharge. The applicant was discharged on 27 October 1982 in pay grade E-1 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial with his service characterized as under other than honorable conditions. The applicant has provided no evidence or a convincing argument to show his discharge should be upgraded and his...
ARMY | BCMR | CY2009 | 20090010677
Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. However, in this case, there is sufficient medical evidence in the applicant's service personnel records to show he is entitled to award of the Purple Heart and to have it added to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2009 | 20090010681
Item 24c (Foreign and/or Sea Service) of the applicant's DD Form 214 shows he served 1 year, 3 months, and 9 days of foreign service. Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. While the evidence does confirm the applicant served in Korea, there were no provisions for entering the location...
ARMY | BCMR | CY2009 | 20090010684
The applicant requests correction of his records to adjust his date of rank for captain from 27 August 1997 to 20 July 1995 and his date of rank for major. Army Regulation 135-155, currently in effect, specifies troop program unit officers selected by a promotion board will have a promotion effective date no earlier than the approval date of the board, provided that they are assigned to a position in the next higher grade. The evidence also shows that based on the applicants date of rank...
ARMY | BCMR | CY2009 | 20090010686
On 12 July 1976, the applicant's commander recommended that he be discharged under the provisions of paragraph 5-37, Army Regulation 635-200 (Personnel Separations - Enlisted Personnel). Evidence of record shows that the applicant was 17 years old at the time he entered the military and 18 years old at the time of his offenses. ____________x_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...
ARMY | BCMR | CY2009 | 20090010687
The applicant requests that the characterization of service on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from "uncharacterized" to "general under honorable conditions." He completed 64 days of active service but was not issued a DD Form 214. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
ARMY | BCMR | CY2009 | 20090010692
On 16 December 1974, after consulting with counsel and being advised of his rights and options, the applicant voluntarily submitted a formal request for discharge under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 10 by reason of for the good of the service in lieu of trial by court-martial for an offense punishable by a bad conduct or d dishonorable discharge. A U.S. Army Transfer Station, Fort Jackson letter, subject: Optional Form for...
ARMY | BCMR | CY2009 | 20090010693
On 14 May 2002, records show the applicant enlisted in the Regular Army for a 3-year period of service. Based on the available evidence, the applicant's date that he entered active duty in the Regular Army was on 14 May 2002. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing a corrected DD Form 214 with the separation date of 13 May 2005 to show the following in years(s), month(s) and day(s) format: a.
ARMY | BCMR | CY2009 | 20090010694
The applicant requests reconsideration of his request to have his records corrected to show that he was retired in the pay grade of E-8. He goes on to state that he was paid in the pay grade of E-8 while in the U.S. Army Reserve (USAR); however, when he became eligible to receive his Retired Pay, he was paid in the pay grade of E-7 and he has been unable to get his pay grade changed to the pay grade of E-8. The applicant was promoted to the pay grade of E-8 on 29 July 1997 and he served as...
ARMY | BCMR | CY2009 | 20090010695
The applicant states, in effect, that he would have served for 20 years in the active Army if he had not been injured and then medically retired. In 1996, a PEB determined that the applicant was medically unfit to continue on active duty and recommended permanent disability retirement with a combined disability rating of 40 percent. Therefore, there is no basis to grant the applicant's request to waive his retirement date and show he was retained on active duty up to or beyond 20 years of...
ARMY | BCMR | CY2009 | 20090010696
The applicant requests, in effect, correction of the records of her deceased spouse, a former service member (FSM), to show he enrolled in the Reserve Component Survivor Benefit Plan (RCSBP) when he received his Notification of Eligibility for Retired Pay at Age 60 (also known as the 20-year letter). On 20 May 1996, the FSM received his 20-Year Letter from the PAARNG stating he was eligible for retired pay at age 60 for he had completed over 20 years of qualifying service for nonregular...