ARMY | BCMR | CY2010 | 20100023640
The applicant provides: * Officer Record Brief * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 3 January 2000 * Orders 99-089-050 (orders to active duty) * Medical records, progress notes, inpatient treatment records, vital signs, consult sheets, and operative reports * Multiple Leave and Earnings Statements (LES) * Orders 354-2227 (release from active duty) * DA Form 3349 (Physical Profile) * VA rating decision CONSIDERATION OF EVIDENCE: 1. The...
ARMY | BCMR | CY2010 | 20100023642
BOARD DATE: 2 November 2010 DOCKET NUMBER: AR20100023642 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 | 20100023643
On 15 July 1991, the appropriate authority approved the applicant's separation under the provisions of Army Regulation 635-200, paragraph 14-12b, for misconduct - a pattern of misconduct. Army Regulation 635-200, Table 3-1 (Types of Discharge Certificates), in effect at the time, provided for the issuance of a General Discharge Certificate (DD Form 257A) for Soldiers whose service was characterized as "Under Honorable Conditions." However, the separation authority may direct a general...
ARMY | BCMR | CY2010 | 20100023644
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the: * Army Good Conduct Medal * Vietnam Service Medal with "2 or 3 bronze service stars" * Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation * RVN Civil Actions Honor Medal First Class Unit Citation * all other awards he is authorized for his Vietnam service 2. This provision of law also allows the Army Board for Correction of Military...
ARMY | BCMR | CY2010 | 20100023649
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the: * Cold War Victory Medal (determined to refer to the Cold War Recognition Certificate) * Overseas Service Medal * American Defense [Service] Medal * Honorable Service Medal for honorable discharge from the active, Guard, or Reserve forces 2. Army Regulation 600-8-22 provides for award of the American Defense Service Medal for service within the American...
ARMY | BCMR | CY2010 | 20100023650
She collected active duty pay which was recouped when she began collecting retired pay in January 2011. d. Only when USARC published orders placing her on the Retired List did she or her chain of command take action by submitting a request for a waiver to remain on active duty beyond age 60 to the Army Board of Correction of Military Records. The applicant submitted a rebuttal on 26 July 2011 wherein she stated: * she did not initiate the retirement action it came from HRC * she did not...
ARMY | BCMR | CY2010 | 20100023653
The applicant's military record is not available to the Board for review. An NPRC letter, dated 23 December 2009 shows that based on a review of the NPRC file pertaining to the applicant, the following awards were authorized for shipment to the applicant: * BSM * POW Medal * AGCM * ACM * EAME Campaign Medal with three bronze service stars * WWII Victory Medal * CIB * Honorable Service Lapel Button-WWII * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 8. As a result, the Board...
ARMY | BCMR | CY2010 | 20100023658
After hearing all of the testimony and reviewing all of the available evidence the board of officers recommended that the applicant be discharged for unfitness and that he be issued an Undesirable Discharge Certificate. 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 | CY2010 | 20100023660
On 14 July 1983, the separation authority approved the applicant's request for discharge and directed that the applicant be discharged under the provisions of Army Regulation 635-200, chapter 10, with a UOTHC discharge. Although an honorable discharge (HD) or a GD is authorized, at the time of the applicant's separation the regulation provided for the issuance of a UOTHC discharge. The applicant requests an upgrade of his UOTHC discharge to a GD.
ARMY | BCMR | CY2010 | 20100023664
Application for correction of military records (with supporting documents provided, if any). The FSM's complete military records are not available for review. 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 in action on 5 September 1950 in Korea * amending item 27 of his DD Form 214 to add the: * Purple Heart * NDSM * UNSM * ROK-KWSM * World War II Victory Medal *...
ARMY | BCMR | CY2010 | 20100023667
The applicant states the unit he served with in the Republic of Vietnam (RVN) between 5 January and 17 November 1967 was recently awarded the VUA for the period 16 July 1967 through 31 December 1968 and he would like this award added to his DD Form 214. 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...
ARMY | BCMR | CY2010 | 20100023670
IN THE CASE OF: BOARD DATE: 5 April 2011 DOCKET NUMBER: AR20100023670 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Evidence shows the applicant enlisted in the RA on 17 November 1966 and he was released from active duty on 14 November 1969 after completing 2 years, 11 months, and 28 days of total active service. Therefore, there is sufficient evidence in which to correct item 11d of his DD Form 214.
ARMY | BCMR | CY2010 | 20100023672
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharged from Active Duty) for the period ending 30 April 1993 to show award of the Legion of Merit, two Meritorious Service Medals, and five Army Achievement Medals. The available evidence contained in the official record, and provided by the applicant, includes either the actual orders and/or certificates with the orders number for award of the Legion of Merit, two Meritorious Service Medals, and four Army...
ARMY | BCMR | CY2010 | 20100023675
He served 3 years and 10 days in the enlistment or period of service; b. The evidence shows he was discharged under the provisions of Army Regulation 635-200, Chapter 10, 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 he was aware of that prior to requesting discharge.
ARMY | BCMR | CY2010 | 20100023676
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his last name as "A---nd" instead of "A---n." He also requests correction of his date of birth from "xx May 1943" to "xx August 1944." The applicant served in the Army of the United States using the name and date of birth currently recorded in his military records. The applicant is advised that a copy of this decisional document along with his application and the...
ARMY | BCMR | CY2010 | 20100023678
The Cross Reference Table further states to assign RE code 3 for local bar to reenlistment (less than 18 years active duty service). Evidence of record shows the he received a locally-imposed bar to reenlistment 7 November 1992 for being a two-time failure of the APFT. The evidence of record confirms that the applicants separation processing was accomplished in accordance with the applicable regulations, to include the RE code of 3 code assignment.
ARMY | BCMR | CY2010 | 20100023679
The applicant states he was awarded the Bronze Star Medal and Combat Infantryman Badge while serving in Vietnam; however, the awards are not recorded in his military personnel records. There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Combat Infantryman Badge. However, there are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Combat Infantryman Badge.
ARMY | BCMR | CY2010 | 20100023681
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Bronze Star Medal (BSM). His DD Form 214 shows he completed 2 years, 7 months, and 5 days of net service during this period of active duty. However, in the absence of official orders, there is insufficient evidence to correct his records to show the BSM.
ARMY | BCMR | CY2010 | 20100023684
Application for correction of military records (with supporting documents provided, if any). He states he was awarded the Purple Heart at Duc Phu Camp, Vietnam, by his captain and chaplain. There are no orders in his military personnel records authorizing him award of the Purple Heart.
ARMY | BCMR | CY2010 | 20100023691
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests upgrade of his under other than honorable conditions discharge to a general discharge. He was over 19 years old at the time.
ARMY | BCMR | CY2010 | 20100023693
On 4 September 1970, the applicant was awarded the Purple Heart for the injury he sustained on 1 April 1970. If the medical evaluation board (MEB) determines the Soldier does not meet retention standards, the board will recommend referral of the Soldier to a physical evaluation board (PEB). The evidence of record shows that the applicant dislocated his right shoulder while he was in Vietnam.
ARMY | BCMR | CY2010 | 20100023694
The applicant requests upgrade of his under other than honorable conditions discharge. There is no evidence the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. Further, it appears the applicant's discharge reflects his overall record of military service.
ARMY | BCMR | CY2010 | 20100023697
Application for correction of military records (with supporting documents provided, if any). There is no indication that the applicant appealed to the Army Discharge Review Board. _______ _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 | 20100023701
IN THE CASE OF: BOARD DATE: 10 November 2010 DOCKET NUMBER: AR20100023701 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 | 20100023702
The applicant requests that his discharge under other than honorable conditions be upgraded to a general discharge. The appropriate authority approved his request for discharge on 8 February 1988 and directed that he be discharged under other than honorable conditions. A condition of submitting such a request is that the individual concerned must admit guilt to the charges against him or her or of a lesser included offense which authorizes the imposition of a bad conduct or dishonorable...
ARMY | BCMR | CY2010 | 20100023703
IN THE CASE OF: BOARD DATE: 10 November 2010 DOCKET NUMBER: AR20100023703 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 | 20100023704
On 28 May 1982, he was discharged accordingly. When authorized, it is issued to a Soldier whose military records are satisfactory but not sufficiently meritorious to warrant an honorable discharge. Further, he has not provided evidence to support his contention that his defense counsel did not speak on his behalf.
ARMY | BCMR | CY2010 | 20100023708
The record is void of any indication the FSM complied with the divorce decree to maintain SBP coverage for the applicant as "former spouse" and there is no indication the applicant requested a deemed election for SBP coverage within 1 year of the divorce. DFAS records show the FSM's SBP coverage designation at the time of his death was still "spouse only" and the FSM's widow is now the legal beneficiary of the SBP annuity. Title 10, U.S. Code, chapter 73, provides that a spouse loses...
ARMY | BCMR | CY2010 | 20100023710
He believes an administrative error occurred after he was granted an honorable discharge from the Army Discharge Review Board (ADRB) which changed the narrative reason for separation from a disability to a "Physical Condition, Not a Disability" which is currently shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty). On 27 July 2007, the separation authority approved the recommendation of separation under the provisions of Army Regulation 635-200, Chapter 5-17 for...
ARMY | BCMR | CY2010 | 20100023711
This DD Form 214 is not on file in his OMPF. The applicant's OMPF contains a DA Form 2-1 and evaluation reports that confirm he completed the Drill Sergeant Course, completed a successful assignment as a drill sergeant in a Reserve training unit, and was awarded SQI X; and that he completed the Military Free Fall Parachutist Course at the USAJFKSWC in 1986. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 13...
ARMY | BCMR | CY2010 | 20100023714
The U.S. Army Board of Review, on 1 April 1969: a. found no error in not trying the applicant for all known offenses, including offenses committed only two days before the trial; b. there was no error in joining minor offenses (the short AWOLs) and serious charges (the larceny and extortion), even though they were unrelated; c. there was no error in rehearing the charges from the previously disapproved SPCM; d. there was no error in the staff judge advocate's failing to inform the convening...
ARMY | BCMR | CY2010 | 20100023715
The applicant requests that his undesirable discharge be upgraded to a general or an honorable discharge. Following consultation with legal counsel, he requested discharge for the good of the service in lieu of trial by court-martial in accordance with chapter 10 of Army Regulation 635-200 (Personnel Separations). In his request for discharge, he indicated he understood that by requesting discharge, he was admitting guilt to the charges against him or of a lesser included offense that also...
ARMY | BCMR | CY2010 | 20100023717
Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service. With respect to the applicant's foreign service, the evidence of record shows the applicant served with the 538th Engineer Battalion in Thailand.
ARMY | BCMR | CY2010 | 20100023720
IN THE CASE OF: BOARD DATE: 16 November 2010 DOCKET NUMBER: AR20100023720 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 | 20100023721
The applicant requests that his bad conduct discharge (BCD) be upgraded to general under honorable conditions. In accordance with Title 10, U.S. Code, section 1552, the authority under which this Board acts, the ABCMR is not empowered to set aside a conviction. For this charge alone, he could have received a DD, 5 years of confinement, and total forfeiture of all pay and allowances.
ARMY | BCMR | CY2010 | 20100023722
IN THE CASE OF: BOARD DATE: 9 November 2010 DOCKET NUMBER: AR20100023722 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 | 20100023723
IN THE CASE OF: BOARD DATE: 10 November 2010 DOCKET NUMBER: AR20100023723 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 | 20100023725
He served as a combat engineer and he was honorably discharged on 24 March 1978 based on his conscientious objector status. There is no evidence of record and the applicant did not provide any evidence that shows he was wounded or injured as a result of hostile action in Vietnam. Regrettably, there is insufficient evidence to support award of any Purple Hearts in this case.
ARMY | BCMR | CY2010 | 20100023726
It shows the applicant was not married at the time of his retirement but did have dependent children. Therefore, since he did submit his request to change his SBP election a short time after the filing time requirement, it was clearly his intention to provide his spouse SBP protection at the time he married her. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his request for a change to his SBP election to add...
ARMY | BCMR | CY2010 | 20100023727
His DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service) he served in Vietnam from 22 July 1968 through 19 August 1969 * item 38 (Record of Assignments) he was assigned for duty in Vietnam with the 190th Assault Helicopter Company from 25 July 1968 to 14 August 1969 4. Therefore, he is entitled to correction of his DD Form 214 to show these unit awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2010 | 20100023728
IN THE CASE OF: BOARD DATE: 10 November 2010 DOCKET NUMBER: AR20100023728 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 | 20100023729
IN THE CASE OF: BOARD DATE: 9 November 2010 DOCKET NUMBER: AR20100023729 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 | 20100023730
Application for correction of military records (with supporting documents provided, if any). Military Personnel Message (MILPER) Number 99-100 authorized award of both the Armed Forces Service Medal and the Armed Forces Expeditionary Medal, as a one-time exception to Department of Defense and Service policy, for qualifying service in support of Operations Joint Endeavor and Joint Guard in the Republic of Bosnia-Herzegovina. DISCUSSION AND CONCLUSIONS: The available evidence shows the...
ARMY | BCMR | CY2010 | 20100023731
The applicant contends the narrative reason for his discharge should be changed and his under other than honorable conditions discharge should be upgraded because he was prescribed morphine, which made him an addict; he was then prescribed ibuprofen, which produced a false positive reading for THC; his age, background, maturity, and educational level were factors that led to him going AWOL; and there were compelling circumstances that warranted his prolonged unauthorized absence. There is...
ARMY | BCMR | CY2010 | 20100023732
IN THE CASE OF: BOARD DATE: 10 November 2010 DOCKET NUMBER: AR20100023732 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 | 20100023733
IN THE CASE OF: BOARD DATE: 9 November 2010 DOCKET NUMBER: AR20100023733 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 | 20100023734
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 Bronze Star Medal and to show he was assigned to the 163rd Aviation Company attached to the 101st Airborne Division in Vietnam. The version in effect at the time directed that the last duty assignment and major command or agency having jurisdiction over the...
ARMY | BCMR | CY2010 | 20100023736
IN THE CASE OF: BOARD DATE: 10 November 2010 DOCKET NUMBER: AR20100023736 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 | 20100023737
IN THE CASE OF: BOARD DATE: 9 November 2010 DOCKET NUMBER: AR20100023737 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 | 20100023740
IN THE CASE OF: BOARD DATE: 10 November 2010 DOCKET NUMBER: AR20100023740 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.