ARMY | BCMR | CY2010 | 20100022699
The applicant provides: * two DD Forms 214 * 19871204-19941007 * 20020523-20041020 * General Orders Number 1, Headquarters, 1st Armored Division, Operation Desert Storm, dated 21 March 1991 * DA Form 2-1 (Personnel Qualification Record Part II) 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 ABCMR determines it would be...
ARMY | BCMR | CY2010 | 20100022700
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he served at Eniwetok Atoll, Marshall Islands from 1955 to 1956. Therefore, his DD Form 214 should be corrected to show this service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 32 of his DD Form 214 for the period ending on 17 October 1957 the entry "Service at Eniwetok...
ARMY | BCMR | CY2010 | 20100022702
Neither his DA Form 3947 (Medical Board Proceedings), nor the accompanying evaluation notes contained on 6 pages of an SF 502 (Clinical Record - Narrative Summary), mention a previous chest injury resulting from a howitzer accident nor do they indicate he suffered from PTSD. On 28 January 1981, he again concurred with the TDRL PEB's findings and recommendation and waived a formal hearing of his case. Army Regulation 635-40 governs the evaluation of physical fitness of Soldiers who may be...
ARMY | BCMR | CY2010 | 20100022705
The applicant states, in effect, he was discharged for unsuitability by reason of a character and behavior disorder and he would like his discharge reviewed and upgraded. However, it now appears his overall service record and his diagnosed personality disorder warrant upgrading of his discharge to fully honorable as directed by the above-referenced Army memoranda. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2010 | 20100022709
A Standard Form 88 (Report of Medical Examination) and a Standard Form 93 (Report of Medical History) show he received a medical examination on 23 October 1973. The evidence of record does not support the applicant's request for correction of his record to show he was discharged for medical reasons. The applicant was charged with the commission of an offense punishable under the UCMJ with a punitive discharge and requested discharge for the good of the service under the provisions of Army...
ARMY | BCMR | CY2010 | 20100022713
The applicant requests, through his Member of Congress, an upgrade of his undesirable discharge to an honorable discharge. He would like to have his military records corrected. There is no known cure for Celiac disease.
ARMY | BCMR | CY2010 | 20100022716
The applicant requests his general discharge be upgraded to an honorable discharge. The applicant never completed training for MOS 71C and he intentionally failed MOS 91B training. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust.
ARMY | BCMR | CY2010 | 20100022717
The applicant states that: a. he was not aware of the 3 year statute of limitations provided for in Title 10, U.S. Code, section 1552(b); b. the statement, "THERE ARE INSUFFICIENT BASES TO WAIVE THE STATUTE OF LIMITATIONS FOR TIMELY FILING," is wrong; c. this statement, "THERE IS NO EVIDENCE IN THE AVAILABLE RECORDS TO SHOW THAT ANY ACTION WAS TAKEN TO PROMOTE HIM TO THE PAY GRADE E-4 BY EITHER HIS INFANTRY COMPANY COMMANDER OR THE HOSPITAL COMMANDER," is misstated; d. his platoon sergeant...
ARMY | BCMR | CY2010 | 20100022718
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show awards of the Global War on Terrorism Service Medal and the Iraq Campaign Medal for his service in Kuwait/Iraq. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Global War on Terrorism Service...
ARMY | BCMR | CY2010 | 20100022721
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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Purple Heart for wounds received...
ARMY | BCMR | CY2010 | 20100022726
The applicant states, in effect, that he served as a combat engineer and a demolitions specialist and request his record be changed to show he was a construction engineer. It states for item 23a (Specialty Number and Title), enter the primary MOS code number and title. Therefore, recommend item 23b of his DD Form 214 corrected to show Blaster (Construction) Code 859.281.
ARMY | BCMR | CY2010 | 20100022727
Individuals had to be serving on active duty at the time benefits were transferred and there is no record of such a transfer being made. On 22 June 2009, the Office of the Under Secretary of Defense released Directive-Type Memorandum 09-003 Post-9/11 GI Bill which announced that individuals serving in the Armed Forces could affect a transfer of the GI Bill benefits effective 1 August 2009. While the sincerity of the applicants claim that he completed a transfer of his benefits prior to...
ARMY | BCMR | CY2010 | 20100022728
The applicant requests reconsideration of her request that her enlistment contract be corrected to show she was enlisted in the Army Civilian Acquired Skills Program (ACASP) for military occupational specialty (MOS) 91K (Biological Science Assistant) with an additional skill identifier (ASI) of P9 and that she be promoted to sergeant/pay grade E-5 as provided for under the ACASP for MOS 91K2OP9 with entitlement to all back pay and allowances. The applicant states the Army Board for...
ARMY | BCMR | CY2010 | 20100022733
Table 3-4 of Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) allows credit for an advanced degree in psychology but not counseling. Additionally, effective on the date of entry on active duty, he was appointed in the grade of CPT and placed him on the ADL (Active Duty List) in the grade of CPT in accordance with Army Regulation 135-101. The evidence of record shows the applicant served on active duty as a...
ARMY | BCMR | CY2010 | 20100022736
His DD Form 214 only shows he served from 30 July 1975 to 31 August 1988. His service record does not contain a DD Form 214 which covers his period of service from 9 August 1968 through 30 June 1970. Although there is no evidence of record which shows he was issued a DD Form 214 for his period of active service from 9 August 1968 to 30 June 1970 and from 1 July 1970 to 29 July 1975 he should have been issued one for each period of service.
ARMY | BCMR | CY2010 | 20100022737
Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. The available evidence shows the applicant deployed to Saudi Arabia in support of Operation Desert Shield and she is entitled to have this deployment added to her DD Form 214. As a result, the Board recommends that all Department of the Army records...
ARMY | BCMR | CY2010 | 20100022741
IN THE CASE OF: BOARD DATE: 19 October 2010 DOCKET NUMBER: AR20100022741 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 | 20100022744
IN THE CASE OF: BOARD DATE: 20 October 2010 DOCKET NUMBER: AR20100022744 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 | 20100022751
On 26 January 2007, the applicant was discharged in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 10. RE code 4 applies to persons separated from their last period of service with a non-waivable disqualification. The SPD code of KFS was the appropriate code based on the guidance provided in this regulation for Soldiers separating under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.
ARMY | BCMR | CY2010 | 20100022752
The applicant requests award of the Purple Heart for a combat injury he received while serving in the Republic of Vietnam (RVN). The applicant provides copies of the following in support of his application: * U.S. Army Human Resources Command (USAHRC), Awards and Decorations Branch memorandum, dated 22 June 2010 * Self-authored account of events titled, Vietnam - 1967 "Eternal Memories, a Frightening Encounter" * Three Witness Statements * Post Service Medical Records * USAHRC, Military...
ARMY | BCMR | CY2010 | 20100022753
He acknowledged he understood that if his discharge request was approved, he might be discharged under conditions other than honorable and furnished an Undesirable Discharge Certificate. However, on 27 March 1972, he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, for the good of the service - in lieu of court-martial, with issuance of a DD Form 258A (Undesirable Discharge Certificate). Army Regulation 635-200,...
ARMY | BCMR | CY2010 | 20100022756
Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. The MEB recommended referral to a Physical Evaluation Board (PEB). There is insufficient evidence to show the applicant's disability was improperly rated by the PEB or that his permanent disability retirement in 1978 was not in compliance with law and regulation.
ARMY | BCMR | CY2010 | 20100022757
The applicant requests upgrade of his bad conduct discharge (BCD) to an honorable discharge (HD). On 26 July 1989, he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 3, as a result of a court-martial with a BCD. It stipulated that a Soldier would be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial and that the appellate review must be completed and the affirmed...
ARMY | BCMR | CY2010 | 20100022760
On 30 October 1970, counsel notified him that the commander was submitting a recommendation for separation under the provisions of Army Regulation 635-206 (Personnel Separations-Discharge-Misconduct (Fraudulent Entry, Conviction by Civil Court, AWOL, Desertion), due to being AWOL. On 10 November 1970, the commander (Trainee Personnel Section) at Fort Leonard Wood, Missouri, recommended him for separation under the provisions of paragraph 46a of Army Regulation 635-206 (Misconduct -...
ARMY | BCMR | CY2010 | 20100022763
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat infantryman Badge, Air Medal, and Army Commendation Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 24 of his DD Form 214 by adding award of the Army...
ARMY | BCMR | CY2010 | 20100022764
The applicant requests a waiver of the Barring Act and payment of the Survivor Benefit Plan (SBP) annuity she is due based on the death of her husband, a former service member (FSM). On 19 December 2007, DFAS informed the applicant her request for RCSBP benefits was being denied based on the Barring Statute because her claim had not been submitted within 6 years of the FSM's death. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2010 | 20100022766
The applicant requests, in effect, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Aircraft Crew Member Badge (now known as the Aviation Badge), Air Medal, Distinguished Flying Cross, Army Commendation Medal, Army Good Conduct Medal, American Campaign Medal, and Armed Forces Expeditionary Medal. The available evidence shows the applicant was recommended by his commander for award of the Aviation Badge based upon the...
ARMY | BCMR | CY2010 | 20100022769
On 6 December 1967, he was transferred to Vietnam with his unit. He completed 3 years, 4 months, and 8 days of active service. In order to justify correction of a military record, the applicant must show or it must otherwise satisfactorily appear that the record is in error or unjust.
ARMY | BCMR | CY2010 | 20100022771
IN THE CASE OF: BOARD DATE: 5 April 2011 DOCKET NUMBER: AR20100022771 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.
ARMY | BCMR | CY2010 | 20100022772
IN THE CASE OF: BOARD DATE: 20 October 2010 DOCKET NUMBER: AR20100022772 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 | 20100022774
The applicant requests that his undesirable discharge be upgraded to a general discharge. However, at the time of the applicant's separation the regulation provided for the issuance of an undesirable discharge. The evidence shows the applicant voluntarily requested discharge under the provisions of Army Regulation 635-200, chapter 10, to avoid trial by court-martial.
ARMY | BCMR | CY2010 | 20100022778
IN THE CASE OF: BOARD DATE: 20 October 2010 DOCKET NUMBER: AR20100022778 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 | 20100022780
IN THE CASE OF: BOARD DATE: 13 April 2011 DOCKET NUMBER: AR20100022780 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 24 November 2007 to reflect in block 11 (Primary Specialty) that his primary specialty was 31B (Military Police) and that his secondary specialty was 11B (Infantryman). Accordingly, his DD Form 214 should be corrected accordingly.
ARMY | BCMR | CY2010 | 20100022781
His OMPF does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) that shows he was discharged on 6 October 2005 under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 10, for the good of the service in lieu of trial by court-martial. His DD Form 214 also shows he was assigned a separation program designator (SPD) code of "KFS" (voluntary discharge - in lieu of trial by court-martial) and a...
ARMY | BCMR | CY2010 | 20100022789
He was placed on the TDRL on 9 December 2009 and he did not transfer his educational benefits prior to his retirement. The applicant has provided no evidence to support his contention that he not advised regarding his education benefits or that he was improperly advised regarding his eligibility for the Post 9-11 GI Bill Transferability Program. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in...
ARMY | BCMR | CY2010 | 20100022790
IN THE CASE OF: BOARD DATE: 21 October 2010 DOCKET NUMBER: AR20100022790 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states she was released from active duty and not given the opportunity to use PDMRA days she 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 | 20100022792
IN THE CASE OF: BOARD DATE: 21 October 2010 DOCKET NUMBER: AR20100022792 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 | 20100022794
The applicant requests, in effect, an adjustment of his promotion effective date and date of rank (DOR) for first lieutenant (1LT) in accordance with the Reserve Officer Personnel Management Act (ROPMA). Based on the required 4 years time in grade, prior to the implementation of ROPMA, his MTIG for promotion to CPT was 14 August 1998. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was promoted to CPT with an...
ARMY | BCMR | CY2010 | 20100022796
IN THE CASE OF: BOARD DATE: 20 October 2010 DOCKET NUMBER: AR20100022796 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 | 20100022797
The applicant states the DA Form 3947 (Medical Evaluation Board (MEB) Proceedings) and the DA Form 199 (Physical Evaluation Board (PEB) Proceedings) erroneously show that his physical and mental conditions were not the result of an instrumentality of war or as combat-related injuries. To constitute a physical disability, the medical impairment or physical defect must be of such a nature and degree of severity as to interfere with the members ability to adequately perform his or her...
ARMY | BCMR | CY2010 | 20100022799
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Kuwait Liberation Medal - Kingdom of Saudi Arabia. Army Regulation 600-8-22 (Military Awards) states the Kuwait Liberation Medal, awarded by the Kingdom of Saudi Arabia, was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991. As a result, the...
ARMY | BCMR | CY2010 | 20100022800
IN THE CASE OF: BOARD DATE: 21 October 2010 DOCKET NUMBER: AR20100022800 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 | 20100022805
The applicant also stated he understood that if his discharge were accepted, he could be discharged under other than honorable conditions and furnished an undesirable discharge certificate. The evidence of record shows he was discharged under the provisions of Army Regulation 635-200, Chapter 10, for the good of the service, in lieu of trial by court-martial. The characterization of service for this type of discharge is normally under other than honorable conditions and the evidence shows...
ARMY | BCMR | CY2010 | 20100022807
IN THE CASE OF: BOARD DATE: 21 October 2010 DOCKET NUMBER: AR20100022807 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 | 20100022808
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. A review of the clinical records provided by the applicant and which are contained in his official records shows that the applicant was admitted for treatment of a perforated tympanic membrane caused by an explosion on 27 December 1966. In...
ARMY | BCMR | CY2010 | 20100022809
On 9 August 1979, the discharge authority approved the separation recommendation and directed that the applicant be issued an under other than honorable conditions discharge. b. Paragraph 3-7b prescribes that a general discharge is a separation from the Army under honorable conditions. The applicant states he waived his discharge appeal rights for the promise of a general discharge.
ARMY | BCMR | CY2010 | 20100022811
A DD Form 2656 (Data for Payment of Retired Personnel) provided by DFAS shows the following: * retirement date 1 October 2004 * spouse F____ * child S____ with a date of birth of 23 July 1991 * SBP election 26b, coverage for spouse and child(ren) * date signed 7 July 2004 4. DFAS stated in an email to this Board, dated 9 May 2011, the FSM's DD Form 2656 was submitted by Fort Carson on 3 November 2004 and shows he elected spouse and child(ren) coverage. The applicant and the FSM...
ARMY | BCMR | CY2010 | 20100022815
Application for correction of military records (with supporting documents provided, if any). The applicants complete military records are not available to the Board. Therefore, there is insufficient evidence on which to base correction of his DD Form 214 to show award of the Korean Service Medal and the Army of Occupation Medal with Japan Clasp.
ARMY | BCMR | CY2010 | 20100022818
The applicant's DD Form 214, item 13 shows he was awarded the National Defense Service Medal, Global War on Terrorism Service Medal, and Army Service Ribbon. The available evidence also shows he served in Iraq during the period 8 October 2008 through 2 October 2009, a period of 11 months and 25 days. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 12f of his DD Form 214 the entry "0000 00 00" and...
ARMY | BCMR | CY2010 | 20100022819
The applicant requests that he be awarded the Purple Heart and the Combat Infantryman Badge (CIB). The applicant states he was wounded in action in Vietnam and never received the Purple Heart or CIB. Adding to his DD Form 214 the Purple Heart, AGCM (1st Award), CIB, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.