ARMY | BCMR | CY2009 | 20090011537
There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations. Based on his record of indiscipline, the applicant's service clearly does not meet the standards of acceptable conduct and performance of duty for Army personnel. ____________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...
ARMY | BCMR | CY2009 | 20090011539
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, an upgrade of his under other than honorable conditions (UOTHC) discharge. _______ _ _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 | 20090011540
The applicant requests removal of the following duplicate documents from his Official Military Personnel File (OMPF): a. duplicate orders awarding him the Good Conduct Medal (2nd Award); b. duplicate orders awarding him the Good Conduct Medal (4th Award); and c. duplicate memoranda, dated 10 August 2003, awarding him the Gold Recruiter Badge with three sapphire achievement stars. The evidence of record shows that the applicant was issued two sets of orders awarding him his second award of...
ARMY | BCMR | CY2009 | 20090011545
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant provides the following documents in support of his application: self-authored statements; U.S. Army Human Resources Command (USAHRC) memorandum, dated 6 March 2009; U.S. Central Command, Joint Security Office memorandum, dated 26 November 2008; 9th Financial Management Company Memorandum for Record, dated 11 December 2008; DD Form 139 (Pay Adjustment Authorization), dated 11 December 2008; D Company, 230th Financial...
ARMY | BCMR | CY2009 | 20090011550
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) states that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period. 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 Armed Forces Expeditionary Medal.
ARMY | BCMR | CY2009 | 20090011551
Records show that on 13 September 2005 the applicant's request for an extension of travel and transportation entitlements was approved through 31 July 2006. However, in her 27 April 2009 request, she indicates that employment was the only reason she had not requested an extension since 2007. She had already requested and received two extensions to her travel entitlements.
ARMY | BCMR | CY2009 | 20090011555
The applicant requests, in two separate applications, correction of his records to show that he was honorably discharged from the New Jersey Army National Guard (NJARNG) on 28 June 1990 based on his record of service. On 28 June 1990, the applicant was discharged under honorable conditions (general) under the provisions of National Guard Regulation 600-200 (Enlisted Personnel Management), paragraph 8-27g, for unsatisfactory participation. The applicant contends that his records should be...
ARMY | BCMR | CY2009 | 20090011562
Application for correction of military records (with supporting documents provided, if any). He also states that the unsubstantiated information should not be allowed in his official military personnel file (OMPF) and directly violates the objective of Army Regulation 600-37 (Unfavorable Information), paragraph 1-4c, which states, "Prevent adverse personnel actions based on unsubstantiated derogatory information." Although the applicant claims that the unfavorable information consists of...
ARMY | BCMR | CY2009 | 20090011565
It states, in pertinent part, that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action; that it required treatment by military medical personnel; and a record of the medical treatment must have been made a matter of official record. Absent any evidence of record or independent evidence provided by the applicant that confirms he was wounded in action, or that he was an infantryman satisfactorily...
ARMY | BCMR | CY2009 | 20090011567
The applicant requests that his honorable discharge for completion of required service be corrected to a medical discharge. While the applicant's medical records were not provided to the Board, when the applicant was being processed for reenlistment it was stated that he was given a physical examination in February 1983. _______ _ _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...
ARMY | BCMR | CY2009 | 20090011570
The applicant requests that her general discharge under honorable conditions be upgraded to an honorable discharge. It states, in pertinent part, that for Soldiers being considered for separation due to acts or patterns of misconduct, an administrative discharge board is required (unless waived by the Soldier) when the Soldier has 6 or more years of total military service or when the separation authority considers discharge under other than honorable conditions appropriate. However,...
ARMY | BCMR | CY2009 | 20090011572
The applicant states he was not awarded the Combat Infantryman Badge for his service in the Republic of Vietnam. The applicant contends he should have been awarded the Combat Infantryman Badge for his service in the Republic of Vietnam. Therefore, there is insufficient evidence to award the Combat Infantryman Badge.
ARMY | BCMR | CY2009 | 20090011575
However, his records contain a properly-constituted DD Form 214 that shows he was discharged on 9 July 1974 under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 10 in lieu of a court-martial with an undesirable discharge, characterized as under other than honorable conditions. However, his record contains a properly-constituted DD Form 214 that shows he was discharged on 9 July 1974 under the provisions of Army Regulation 635-200, chapter 10,...
ARMY | BCMR | CY2009 | 20090011576
Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows that during his active duty service he earned the National Defense Service Medal (NDSM), RVN Campaign Medal, Vietnam Service Medal (VSM), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). Combat service alone did not support award of the CIB. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the AGCM for his...
ARMY | BCMR | CY2009 | 20090011580
Application for correction of military records (with supporting documents provided, if any). The applicant's military records are not available to the Board for review. The WD AGO Form 38, dated 27 November 1945, is the only available evidence of record that discusses the applicants medical condition at the time.
ARMY | BCMR | CY2009 | 20090011581
ARMY | BCMR | CY2009 | 20090011583
Accordingly, the applicant's immediate commander initiated separation action against the applicant under the provisions of chapter 13 of Army Regulation 635-200 by reason of unfitness. On 2 July 1974, the separation authority approved the applicant's discharge under the provisions of Army Regulation 635-200, chapter 13, by reason of unfitness and directed the applicant be furnished an Undesirable Discharge Certificate. There is no evidence in the applicants records and the applicant did...
ARMY | BCMR | CY2009 | 20090011587
He also states that at the time of his injury, the Purple Heart was not given because of friendly fire. There is no evidence in the applicant's available service or medical records which conclusively shows he suffered a wound/injury from hostile action, friendly fire, or that he was treated for such injury. Regrettably, absent evidence which conclusively shows that the applicant sustained wounds or injuries as a result of hostile action or friendly fire in the heat of battle, that he was...
ARMY | BCMR | CY2009 | 20090011591
His medical condition was rated at 20 percent disabling. Army Regulation 635-40, appendix B, Army Application of the VA Schedule for Rating Disabilities, paragraph B-3f, provides that conditions which do not render a Soldier unfit for military service will not be considered in determining the compensable disability rating unless the conditions contribute to the finding of unfitness. Consequently, due to the two concepts involved, an individual's medical condition, although not considered...
ARMY | BCMR | CY2009 | 20090011593
On 17 July 1996, the applicant was discharged in pay grade E-1 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 3, section IV, by reason of court-martial, and issued a BCD. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. The applicant has provided no evidence to show that his discharge was unjust at the time of his offenses.
ARMY | BCMR | CY2009 | 20090011594
Application for correction of military records (with supporting documents provided, if any). The applicants records show he served in the Republic of Vietnam from on or about 14 September 1970 to 22 June 1971. Absent evidence which conclusively shows the applicant sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is no basis for awarding the...
ARMY | BCMR | CY2009 | 20090011596
He states that this DD Form 214 shows he was discharged on 26 October 1979 and his subsequent DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 19 April 1986 shows he entered active duty on 27 September 1979. The applicant's service personnel records contain a Certification of Military Service issued on 15 November 2001 which shows he was a member of the Regular Army from 1 December 1976 to 26 September 1979 and that he was honorably discharged for...
ARMY | BCMR | CY2009 | 20090011598
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 | 20090011602
Application for correction of military records (with supporting documents provided, if any). There is no evidence in the available records nor has the applicant submitted any evidence to show that the NJP that was imposed against him and reduced him to the pay grade of E-2 was improper or unjust. 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 | 20090011606
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his service in item 25 (Disability Retirement Section 1208) of his AGPZ Form 977 (Data for Retired Pay) and for this corrected form to be sent to the Defense Finance and Accounting Service (DFAS). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 25 of his AGPZ Form 977...
ARMY | BCMR | CY2009 | 20090011608
The applicant requests, through his representative in Congress, reconsideration of his request for the award of the Purple Heart for injuries received on 7 July 1969 while serving in the Republic of Vietnam (RVN). The applicant provides the following: a. a copy of Headquarters, 4th Infantry Division, General Orders Number 6155, dated 27 September 1969, awarding him the Army Commendation Medal with "V" Device for heroism in connection with military operations against an armed hostile force...
ARMY | BCMR | CY2009 | 20090011609
On 13 January 1969, the separation authority approved the applicants discharge under the provisions of Army Regulation 635-212 by reason of unfitness and directed the applicant be furnished an Undesirable Discharge Certificate. Accordingly, on 23 January 1969, the applicant was discharged from the Army. The DD Form 214 he was issued at the time of his discharge confirms he was discharged with a character of service of under other than honorable conditions and issued an Undesirable...
ARMY | BCMR | CY2009 | 20090011611
The applicant's military records show that he was inducted into the Army of the United States on 20 July 1964. Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal for the period 20 July 1964 to 13 July 1966 and correct his military records 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. deleting from item 26 of his DD Form 214 the Marksman Marksmanship...
ARMY | BCMR | CY2009 | 20090011617
The applicant requests, in effect, correction of item 27 (Reentry Code) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) from RE-3 to RE-1 so he may reenter military service. The applicant's records show he enlisted in the Regular Army (RA) for a period of 4 years on 8 August 1996. The DD Form 214 he was issued shows he was released from active duty under the provisions of chapter 4 of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) by reason...
ARMY | BCMR | CY2009 | 20090011619
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his overseas service. DFAS records and the applicant's DFAS Forms 702 provide evidence that he served overseas in Kuwait for 4 months and 16 days during the period covered by his 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 | 20090011621
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant's military records also contain, and he submitted a copy of a DA Form 1059, dated 28 May 2009, showing he achieved course standards for and successfully completed the TATS WLC, Class 10-09. ___________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 | 20090011623
The applicant requests that item 11 (Primary Specialty) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show she served in military occupational specialty (MOS) 76C1O/2O (equipment records and parts specialist) and MOS 92A1O/2O (automated logistical specialist) instead of MOS 92B1O (medical laboratory specialist). Item 11 of the applicant's DD Form 214 shows she served in primary MOS 92B1O for 10 years and 7 months. Therefore, item 11 of her DD...
ARMY | BCMR | CY2009 | 20090011624
The applicant's Official Military Personnel File (OMPF) is void of any medical treatment records or other documents that indicate he was suffering from a physically or mentally disqualifying condition that would have supported his separation/retirement processing through medical channels at the time of his REFRAD. In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the Soldier reasonably may be expected to perform...
ARMY | BCMR | CY2009 | 20090011627
On 5 April 2002, the separation authority directed that the applicant be separated under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations), for the good of the service and that he receive an under other than honorable conditions discharge. The DD Form 214 also shows that his character of service was under other than honorable conditions; the separation authority was Army Regulation 635-200, paragraph 10; the separation code was "KFS"; his RE code was RE-4; and...
ARMY | BCMR | CY2009 | 20090011628
A discharge under other than honorable conditions was normally appropriate for a Soldier discharged under this chapter. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. However, there is no evidence that indicates the applicant was any less mature than other Soldiers of the same age who successfully completed their military service obligation.
ARMY | BCMR | CY2009 | 20090011630
The applicant's records show he enlisted in the Regular Army for a period of 3 years on 6 June 1958. On 12 January 1961, the applicant's immediate commander recommended that the applicant be discharged from military service under the provisions of Army Regulation 635-208 (Personnel Separations - Discharge - Unfitness) for unfitness, citing his prior misconduct. There is no indication that the applicant petitioned the Army Discharge Review Board for an upgrade of his discharge within that...
ARMY | BCMR | CY2009 | 20090011636
The GAARNG should have placed the FSM in the Retired Reserve for medical reasons and issued him a 15-year letter. The evidence of record shows the FSM was discharged from the GAARNG on 2 July 1991 by reason of medical unfitness. He was discharged from the Selected Reserve effective July 1991, over a year before the authority to issue 15-year letters was enacted.
ARMY | BCMR | CY2009 | 20090011637
The applicant requests that his bad conduct discharge be upgraded to a general under honorable conditions discharge. c. Headquarters, U.S. Army Infantry Center and Fort Benning, Special Court Martial Order Number 45, dated 2 April 1982 shows that on 22 January 1982 the applicant was found guilty of: * Charge I: Violation of Article 134 - on or about 14 November 1981, break restriction * Charge II: Violation of Article 90 - on or about 15 November 1981, willfully disobey a lawful order from...
ARMY | BCMR | CY2009 | 20090011642
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant makes no statement but defers to two statements submitted in support of his current request which both indicate the applicant was changed by his experience in Vietnam and as such, warrants consideration for either an upgrade of the character of his service or a medical discharge. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army...
ARMY | BCMR | CY2009 | 20090011643
The applicant requests that his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) be corrected to reflect his awards of the Combat Infantryman Badge (CIB), the Bronze Star Medal (BSM), and the National Defense Service Medal (NDSM). However, his award of the NDSM should be added to his DD Form 214 dated 6 September 1951. _______ _ X _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...
ARMY | BCMR | CY2009 | 20090011644
There is no evidence to show that he ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. 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 | 20090011645
The applicant's DD Form 214 for the period ending 22 January 2004 shows in Item 12c (Net Active Service this Period) the entry "0000 06 00" indicating he completed 6 months of active service this period. d. For item 12d, from previously issued DD Forms 214, enter total amount of prior active military service less lost time, if any. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 12d of his DD Form 214...
ARMY | BCMR | CY2009 | 20090011646
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 termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 31 January 1969 through 8 December 1970 based on completion of a period of...
ARMY | BCMR | CY2009 | 20090011647
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Bronze Order of the de Fleury Medal, the Meritorious Unit Commendation, the Joint Meritorious Unit Award, the Afghanistan Campaign Medal with two bronze service stars, the Combat Action Badge, the Marksmanship Qualification Badge with Rifle, Pistol, and Grenade Bars, the Physical Fitness Badge, the U.S. Air Force (USAF) Longevity Service Ribbon, and the Humanitarian Service...
ARMY | BCMR | CY2009 | 20090011649
On 27 August 2004, he was issued a second DD Form 215 that corrected several administrative errors and listed two periods of service in Vietnam: 16 April 1965 to 8 April 1966 and 6 September 1970 to 4 September 1971. He did not complete any other period of service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from his DD Form 215, dated 27 August 2004, the entry "Vietnam Service: 16 Apr 65-8 Feb 66."
ARMY | BCMR | CY2009 | 20090011650
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his award of the Army Achievement Medal. 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. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2009 | 20090011655
He claims this non-accounted military service time would have bridged the gap of seven retirement points to provide the FSM with a completed 20 year military service career. However, during an otherwise nearly continuous record of successful completion of qualifying years for a Reserve retirement, the FSM earned only 43 retirement points during RYE 30 September 1996. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2009 | 20090011656
The applicant, the widow of a former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the Bronze Star Medal and the Purple Heart. Item 33 (Decorations and Citations) of the FSM's WD AGO Form 53-55 shows he was awarded the European-African-Middle Eastern Campaign Medal, Army Good Conduct Medal, World War II Victory Medal, and Army of Occupation Medal. Army Regulation 600-8-22 (Military...
ARMY | BCMR | CY2009 | 20090011660
Application for correction of military records (with supporting documents provided, if any). On 17 September 1985, the Army Discharge Review Board (ADRB), after careful consideration of the applicant's military records and all other available evidence determined that he had been properly and equitably discharged, and it voted to deny his request for a change to the characterization of his service and/or to the reason of his separation. There is no available evidence in his military record...
ARMY | BCMR | CY2009 | 20090011661
The applicant's military records show that he enlisted in the Regular Army (RA) for 4 years on 21 August 2001 and he was awarded military occupational specialty (MOS) 11B (infantryman). DISCUSSION AND CONCLUSIONS: The evidence clearly supports that the applicant was retained beyond his ETS for 369 days as a result of stop loss/stop movement. As such, it would now be appropriate to correct his records to show the correct amount of time he was retained on active duty beyond his ETS.