ARMY | BCMR | CY2010 | 20100021065
The applicant requests his records be corrected to show award of the Republic of Vietnam Campaign Medal and any other awards and decorations he may be entitled to for serving in Vietnam. The applicant contends his records be corrected to show award of the Republic of Vietnam Campaign Medal and any other awards and decorations he may be entitled to for serving in Vietnam. _______ _ X _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of...
ARMY | BCMR | CY2010 | 20100021068
The applicant, the widow of a deceased former service member (FSM), requests correction of the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his rank as a colonel (COL) instead of second lieutenant (2LT). The FSM was appointed in the Army of the United States in the rank of 2LT and he entered active duty on 29 November 1954. Since he held the rank of 2LT at the time he was discharged from the Army his DD Form 214 correctly shows his correct rank.
ARMY | BCMR | CY2010 | 20100021069
The applicant requests correction of his record to show award of the Army Good Conduct Medal. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows award of: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal * Combat Infantryman Badge * Air Medal * Army Commendation Medal * Purple Heart * Bronze Star Medal 7. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2010 | 20100021071
Subsequent to receiving this legal counsel, the applicant voluntarily requested discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, for the good of the service - in lieu of trial by court-martial. On 11 July 1972, the separation authority approved the applicants request for discharge and directed the issuance of an Undesirable Discharge Certificate. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is...
ARMY | BCMR | CY2010 | 20100021072
IN THE CASE OF: BOARD DATE: 15 March 2010 DOCKET NUMBER: AR20100021072 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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 the interest of justice to excuse the applicants failure to timely file. The RE code on the applicant's DD Form 214 is correct.
ARMY | BCMR | CY2010 | 20100021081
The applicant's records do not show he submitted a request for a transfer of Post 9/11 GI Bill benefits to his family members before he retired. A service member is considered to be retirement eligible if he or she has completed 20 years of active duty or 20 qualifying years of reserve service. The applicant contends his records should be corrected to allow him an exception to policy to transfer his education benefits under the TEB provision of the Post-9/11 GI Bill to his family members.
ARMY | BCMR | CY2010 | 20100021082
The applicant requests payment of $1000 in Assignment Incentive Pay (AIP) for an involuntary extension in Iraq. Department of the Army Personnel Policy Guidance, paragraph 8-3 (Military Pay and Allowances), in effect at the time, provides that Soldiers/units who are involuntarily extended by the Secretary of Defense beyond 12 consecutive months of BOG or 12 out of 15 months (365 days out of 450 days) and are deployed to Iraq (to include staging time in Kuwait) or Afghanistan are eligible...
ARMY | BCMR | CY2010 | 20100021083
The applicant requests correction of his record to show the Valorous Unit Award (VUA). Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. 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 (1st Award) for the period 12 July 1967 through 11 July 1969, b. deleting the...
ARMY | BCMR | CY2010 | 20100021085
The evidence of record shows she served during a qualifying period for award of the Army Service Ribbon which is not shown on her DD Form 214. Therefore, it would be appropriate to award her the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct her 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...
ARMY | BCMR | CY2010 | 20100021086
The applicant provides: * DA Form 1059 (Service School Academic Evaluation Report) * Army Achievement Medal Certificate and orders * U.S. Army Human Resources Command web site printout on promotion boards * University of Pittsburgh Undergraduate Academic Transcript * Bachelor of Science Degree in Pharmacy * Headquarters, U.S. Army Reserve Command, memorandum, dated 10 June 2010, subject: Options Upon Nonselection for Promotion after Second Consideration CONSIDERATION OF EVIDENCE: 1. In the...
ARMY | BCMR | CY2010 | 20100021091
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel from active duty. The regulation states the reason for discharge based on SPD code JKK is Misconduct (Drug Abuse) and the regulatory authority is Army Regulation 635-200, paragraph 14-12c(2). His brief record of service included one NJP for using marijuana.
ARMY | BCMR | CY2010 | 20100021092
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 30 April 1982 to show 6 January 1983 as an active duty day. Reserve Component (RC) Soldiers completing 90 days or more of continuous active duty for training (ADT), Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service. The applicant underwent his medical examination on 6 January 1983 in an...
ARMY | BCMR | CY2010 | 20100021093
Counsel requests correction of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * the Reentry (RE) Code of 1 * his deployment in support of Operation Iraqi Freedom (OIF) from 7 August 2003 to 19 March 2004 * award of the Combat Infantryman Badge and the National Defense Service Medal 2. Records show the applicant was awarded the National Defense Service Medal and the Combat Infantryman Badge. As a result, the Board recommends that all Department...
ARMY | BCMR | CY2010 | 20100021096
The applicant states he was the command sergeant major (CSM) of the 130th Engineer Brigade during the period the unit was awarded the Meritorious Unit Commendation. 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...
ARMY | BCMR | CY2010 | 20100021104
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the: * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Army Commendation Medal * Vietnam Campaign Medal with Device (1960) 8. Evidence show the 1st Battalion, 16th Infantry was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment. As a result, the...
ARMY | BCMR | CY2010 | 20100021106
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was honorably discharged. He submits a DD Form 303A that shows he was honorably discharged on 8 December 1989. His records show he was discharged on 8 December 1989 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial.
ARMY | BCMR | CY2010 | 20100021107
The applicant was not awarded the Army Good Conduct Medal (AGCM) and there is no evidence he was disqualified for the AGCM. There are no orders awarding the applicant the ARCOM in his records or in ADCARS. 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 the period 18 January 1966 to 23 October 1967 and b. correcting his DD Form 214 to add the ARCOM, AGCM, Meritorious Unit Commendation (two...
ARMY | BCMR | CY2010 | 20100021109
Consequently, due to the two concepts involved, an individual's medical condition, although not considered medically unfitting for military service at the time of processing for separation, discharge or retirement, may be sufficient to qualify the individual for VA benefits based on an evaluation by that agency. Department of the Army disability decisions are based upon observations and determinations existing at the time of the PEB hearing and are based upon conditions that render the...
ARMY | BCMR | CY2010 | 20100021110
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of item 12a (Date Entered Active Duty (AD) This Period) of his 9 November 2007 DD Form 214 (Certificate of Release or Discharge from Active Duty). The evidence of record confirms the applicant entered active duty on 5 July 2006 instead of 5 July 2007.
ARMY | BCMR | CY2010 | 20100021113
The applicant requests his retirement rank be changed to master sergeant instead of sergeant first class on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 January 1998. The applicant provides: * promotion orders * DD Form 214 CONSIDERATION OF EVIDENCE: 1. 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...
ARMY | BCMR | CY2010 | 20100021115
IN THE CASE OF: BOARD DATE: 11 August 2011 DOCKET NUMBER: AR20100021115 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. He was transferred from the USAR to the North Carolina ARNG (NCARNG) in the rank of CPT and executed an oath of office on 28 June 2007. This memorandum states that ARNG officers recommended for promotion to the grades of CPT through lieutenant colonel mobilized under Title 10, U.S. Code , and who are on an approved mandatory selection board promotion list who reach their...
ARMY | BCMR | CY2010 | 20100021116
The applicant requests that he be considered for promotion to chief warrant officer three (CW3) by a promotion advisory board. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers) prescribes the policies and procedures for the promotion of Reserve officers. The evidence shows the applicant maintained an active status with no break in service from 15 March 2004 to the present; therefore, he was eligible to be considered for promotion...
ARMY | BCMR | CY2010 | 20100021117
The applicant contends his DD Form 214 should be corrected to show his correct dates of service in Iraq and the ICM, GWOTEM, GWOTSM. In addition based on the applicants foreign service completed in Macedonia (Operation Desert Spring) and in Kuwait (Operation Iraqi Freedom) as evidenced by his DFAS record, item 18 of his DD Form 214 should be corrected to delete the entry SOLDIER SERVED IN OPERATION DESERT SPRING/IRAQI FREEDOM FROM 020923 UNTIL 030811 and to add the following entries: a. ...
ARMY | BCMR | CY2010 | 20100021118
The applicant requests his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to add the Korea Defense Service Medal (KDSM). 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 the...
ARMY | BCMR | CY2010 | 20100021119
He submitted a Standard Form 513, dated 17 March 1960, which shows he requested a medical discharge after being told he could be medically discharged for Osgood-Schlatter disease. On 29 September 1960, he acknowledged that his unit commander notified him that he was initiating action which could result in his separation from the Army under the provisions of Army Regulation 635-208 (Personnel Separations Unfitness Frequent Incidents of a Discreditable Nature with Civil or Military...
ARMY | BCMR | CY2010 | 20100021125
The applicant's military records are not available for review. Unfortunately, in the absence of evidence to show that he was wounded as a result of enemy action and that treatment was made a matter of record, there is insufficient evidence to award the applicant the Purple Heart some 60+ years after the fact. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during World War II.
ARMY | BCMR | CY2010 | 20100021133
The applicant requests correction of his military records to show he transferred his Post 9/11 GI Bill educational benefits to his dependents prior to retirement. Public Law 110-252, section 3319(b) requires the military member to be on active duty or in the Selected Reserve to be authorized to transfer Post 9/11 GI Bill benefits; b. Army and DOD policy requires a Soldier to be on active duty or a member of the Selected Reserve of the U.S. Army in order to transfer the benefits.
ARMY | BCMR | CY2010 | 20100021135
The applicant subsequently provided a notarized statement from her husband, dated 29 March 2011, requesting discontinuance of their participation in the SBP. There is no indication in the available records that shows the applicant submitted a DD Form 2656-1 (SBP Termination Request) or that she has made any attempt to terminate participation in the SBP. However, since the applicant has provided a notarized statement from her spouse within her 2-year anniversary of retirement, it would be...
ARMY | BCMR | CY2010 | 20100021136
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his correct Social Security Number (SSN). The applicant states that his DD Form 214 incorrectly reflects the first three digits of his SSN as 288 when instead it should be 228. 3. ___________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 | CY2010 | 20100021144
Application for correction of military records (with supporting documents provided, if any). He states he believes his discharge for the period 14 October 1970 to 18 September 1972 should be upgraded because he was going through emotional and mental changes after Vietnam. Army Regulation 635-200, paragraph 3-7a, stated an honorable discharge was a separation with honor.
ARMY | BCMR | CY2010 | 20100021147
Army Regulation 672-5-1 (Military Awards), then in effect, provided that the Purple Heart is awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services has been wounded, killed, or who has died as a result of a wound sustained as a result of hostile action. Therefore, in the absence of military and medical records showing the applicant was wounded and treated for...
ARMY | BCMR | CY2010 | 20100021148
IN THE CASE OF: BOARD DATE: 19 April 2011 DOCKET NUMBER: AR20100021148 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The 2010 National Defense Authorization Act (NDAA), section 604 provided special authority to monetarily compensate Soldiers who were REFRAD and not able to use PDMRA during the period between PDMRA authorization by the Secretary of Defense on 19 January 2007, and publication of the Armys PDMRA implementation guidance on 18 August 2007. Contrary to the NGB advisory...
ARMY | BCMR | CY2010 | 20100021149
There is no evidence in his official record to show that he served in an LTC/O-5 position on or after 11 June 1986. Accordingly, it would be in the interest of justice to correct his records to show that he was placed on the TDRL in the rank/grade of LTC/O-5 effective 13 November 1986 with entitlement to all back retired pay from that date and that he was subsequently permanently retired in that pay grade on 13 November 1991. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2010 | 20100021150
He states he has the Purple Heart medal and would like his DD Form 214 corrected to show this award. Based on the applicant's excellent conduct and efficiency ratings, and the absence of evidence showing disqualification, and his completion of a qualifying period of service from 29 September 1966 and 18 July 1968, he appears eligible for the first 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...
ARMY | BCMR | CY2010 | 20100021151
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 6 July 1992 to show: * He was medically discharged instead of honorably released from active duty * Two awards of the Army Commendation Medal * Award of the Joint Service Commendation Medal 2. Additionally, there is no evidence he was referred to a medical evaluation or a physical evaluation board for consideration of any medical condition or Gulf War Syndrome or...
ARMY | BCMR | CY2010 | 20100021152
IN THE CASE OF: BOARD DATE: 24 March 2011 DOCKET NUMBER: AR20100021152 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. It states: a. from the Enlisted Record Brief/Officer Record Brief, enter the total amount of foreign service completed during the period covered by the DD Form 214 in item 12f; b. in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), enter all awards, decorations, medals, badges, citations, and campaign ribbons awarded or...
ARMY | BCMR | CY2010 | 20100021156
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank as specialist five (SP5) and to show the awards of the Army Good Conduct Medal, Combat Infantryman Badge, Vietnam Service Medal with two or three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Campaign Medal with Device (1960), Air Medal (14th Oak Leaf Cluster), and any medals awarded to...
ARMY | BCMR | CY2010 | 20100021157
Application for correction of military records (with supporting documents provided, if any). The applicants Official Military Personnel File (OMPF) includes a Western Union Telefax and a U.S. Army Vietnam (USARV) message number date time group (DTG) 140312Z MAY 69, stating: * he was slightly wounded by fragments while at an artillery firing position when the area came under attack by a hostile force * he received multiple wounds to both ankles and his left arm * he was treated and...
ARMY | BCMR | CY2010 | 20100021160
Application for correction of military records (with supporting documents provided, if any). Army Regulation 635-5 (Separation Documents) prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. The applicant's record shows he held the rank/pay grade SP4/E-4 with a date of rank of 3 April 1968 on the effective date of his separation from the Army.
ARMY | BCMR | CY2010 | 20100021162
Application for correction of military records (with supporting documents provided, if any). It states each retired member of the Army who is retired with less than 30 years of active service is entitled, when his active service plus his service on the retired list totals 30 years, to be advanced on the retired list to the highest grade in which he served on active duty satisfactorily (or, in the case of a member of the National Guard, in which he served on full-time duty satisfactorily),...
ARMY | BCMR | CY2010 | 20100021168
He states: a. the Puerto Rico Army National Guard (PRARNG) wrongfully separated him from the service without properly counseling him of his right to elect referral to the PDES; b. he was not afforded a fair evaluation by the PDES for conditions for which he was found unfit for continuance in military service; c. the evidence provided is proof he was treated for a lower back injury and left shoulder condition while entitled to military pay and allowances; d. his chain of command and the...
ARMY | BCMR | CY2010 | 20100021171
The applicant states his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he received an under other than honorable conditions discharge. In his request for discharge, he 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. The DD Form 214 he was issued shows he was...
ARMY | BCMR | CY2010 | 20100021172
IN THE CASE OF: BOARD DATE: 16 September 2010 DOCKET NUMBER: AR20100021172 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states he was released from active duty and not given the opportunity to use PDMRA days he earned and was entitled to. The available evidence shows the applicant served a qualifying period of active duty service under 10 USC for award of PDMRA.
ARMY | BCMR | CY2010 | 20100021178
IN THE CASE OF: BOARD DATE: 16 September 2010 DOCKET NUMBER: AR20100021178 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states he was released from active duty and not given the opportunity to use PDMRA days he earned and was entitled to. The available evidence shows the applicant served a qualifying period of active duty service under 10 USC for award of PDMRA.
ARMY | BCMR | CY2010 | 20100021180
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his record to show he was deployed with his unit from 27 December 1990 to 24 February 1991 during Operation Desert Shield/Storm. Accordingly, it would be appropriate to correct his record to show he served in Saudi Arabia from 26 December 1990 to 24 February 1991.
ARMY | BCMR | CY2010 | 20100021185
For consideration to the temporary grade of E-4 with a waiver, a Soldier must have served 6 months time in grade as a PFC with 1-year time in service. While the applicant provided three documents from his personal service record that shows his rank as "SP4/E-4" there are no promotion orders filed within his available service record to support his contention that he was promoted to "SP4/E-4" or pay records showing he was paid as a "SP4/E4" at the time he separated. Nor did the applicant...
ARMY | BCMR | CY2010 | 20100021186
Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. These should also be added to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Bronze Star Medal with "V" Device, Purple Heart, two bronze service stars for wear on the Vietnam Service Medal, RVN Gallantry Cross with...
ARMY | BCMR | CY2010 | 20100021187
Application for correction of military records (with supporting documents provided, if any). Item 22 (MOS) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the following: Type Code Title Date PMOS 91A Medical Corpsman 24 Apr 1970 PMOS 91B Medical Specialist 16 Sep 1970 4. The applicant's contention that he was a 91B Medic instead of a 91E2O Medic with a related civilian occupation and DOT number of Dental Assistant 079.378 was carefully considered and found to have merit.
ARMY | BCMR | CY2010 | 20100021191
Item 55 (Remarks) of his WD AGO Form 53-55 shows he had 2 days of lost time under the Articles of War. There is no evidence in the available record and the applicant did not provide any evidence that shows he made this period of lost time up. Even if the lost time is made up, the Army preserves a record of lost time to explain which service between date of entry on active duty and separation date is creditable service.
ARMY | BCMR | CY2010 | 20100021195
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. In this case, the evidence of record shows a review of the court-martial findings on the applicant was completed by OTJAG and it was determined these findings were correct in law and fact. Notwithstanding the equity relief provided by the...