ARMY | BCMR | CY2010 | 20100030362
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. Therefore, he is entitled to correction of his DD Form 214 to show his already-awarded Vietnam Service Medal with three bronze service stars. _______ _ X _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record...
ARMY | BCMR | CY2010 | 20100030363
While in Iraq he developed appendicitis and became addicted to pain medication following surgery. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge. The letters of support submitted on behalf of the applicant fail to show that his RE code was unjust and should be changed.
ARMY | BCMR | CY2010 | 20100030366
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 5 October 1973 to show award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and National Defense Service Medal (NDSM). His DD Form 214 for the period ending 5 October 1973 shows the Vietnam Service Medal with one bronze service star. As a result, the Board...
ARMY | BCMR | CY2010 | 20100030367
During the original review of the case, the Board found no evidence of record or independent evidence provided by the applicant that showed he was ever wounded as a result of enemy action. It states in order to support award of the PH there must be evidence 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. ...
ARMY | BCMR | CY2010 | 20100030369
He was issued a DD Form 214 which shows the following dates: * Item 10c (Date Inducted) - 7 February 1968 * Item 11d (Effective Date) - 27 October 1968 * Item 17c (Date of Entry - Enlistment) - 7 February 1968 4. Item 17c of the DD Form 214 he was issued on 11 August 1971 shows the date of his initial enlistment in the RA and not the first date of his immediate reenlistment on 28 October 1968. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record...
ARMY | BCMR | CY2010 | 20100030372
The applicant requests a review of his records to determine if he is authorized award of the Purple Heart for wounds he received in action in Korea. The applicant states the Purple Heart for an ear wound is not shown on his DD Form 214 (Report of Separation from the Armed Forces of the United States). Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.
ARMY | BCMR | CY2010 | 20100030376
Army Regulation 601-210 states that any applicant who was last separated or discharged from any component of the Armed Forces for medical reasons with or without disability will require a waiver for enlistment in the Regular Army, U.S. Army Reserve, or Army National Guard. DISCUSSION AND CONCLUSIONS: The evidence of record shows the applicant was found to be unfit for duty. _____________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the...
ARMY | BCMR | CY2010 | 20100030377
The applicant states her father was previously awarded the Purple Heart. Although the FSM's records are mostly not available for review with this case, his reconstructed records show he was wounded in Okinawa on 13 June 1945 which would have qualified him for award of the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * showing he was awarded the Purple Heart for wounds received in action in Okinawa on 13...
ARMY | BCMR | CY2010 | 20100030378
It shows his service was characterized as under other than honorable conditions. There is no indication the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. Although a copy of the applicant's chapter 10 discharge packet is not in his available records, the evidence of record shows that he was discharged in lieu of trial by court-martial.
ARMY | BCMR | CY2010 | 20100030381
IN THE CASE OF: BOARD DATE: 15 February 2011 DOCKET NUMBER: AR20100030381 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 | 20100030383
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Forms 214 (Report of Separation from Active Duty/Certificate of Release or Discharge from Active Duty) for the periods ending on 19 December 1974 and 30 November 1983 to show his date of birth (DOB) as 28 Oxxxxxx xxxx instead of 6 Oxxxxxx xxxx. The evidence of record shows upon his initial enlistment and entry on active duty the applicant listed his DOB...
ARMY | BCMR | CY2010 | 20100030387
The applicant requests his bad conduct discharge be changed to a medical discharge. 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. 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...
ARMY | BCMR | CY2010 | 20100030389
The applicant's military records show he was inducted into the Army of the United States in pay grade E-1 on 26 August 1970. The evidence of record shows the applicant did not complete a qualifying period of service, 6 months or more, for award of the Republic of Vietnam Campaign Medal with Device (1960). _______ _ ___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 | 20100030393
Application for correction of military records (with supporting documents provided, if any). The applicant states his DD Form 214 shows an incorrect SSAN containing only eight numbers. d. DD Form 214, item 3 (Social Security Number), that shows his SSAN as "XXX-XX-290."
ARMY | BCMR | CY2010 | 20100030395
On 16 June 1975, the applicant consulted with counsel and voluntarily requested a discharge under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separation Enlisted Personnel), for the good of the service. On 8 July 1975, the separation authority approved the applicants request for discharge under the provisions of chapter 10, Army Regulation 35-200, with the issuance of an Undesirable Discharge Certificate. The evidence of record shows the applicant received two...
ARMY | BCMR | CY2010 | 20100030397
Application for correction of military records (with supporting documents provided, if any). The applicant requests an upgrade of his general discharge to an honorable discharge. On 28 October 1980, the applicant's immediate commander advised the applicant he intended to recommend the applicant be discharged under the provisions of paragraph 5-31 (Expeditious Discharge Program), Army Regulation 635-200 (Personnel Separations), by reason of lack of self-discipline, totally unacceptable...
ARMY | BCMR | CY2010 | 20100030399
On 28 September 1989, the separation authority approved the applicant's voluntary request for discharge and directed that she be furnished an under other than honorable conditions discharge. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2010 | 20100030400
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. General Orders Number 490, Headquarters, U.S. Army Support Command, Saigon, dated 14 May 1971, show he was awarded the Bronze Star Medal for meritorious service during the period August 1970 to May 1971. As a result, the Board recommends...
ARMY | BCMR | CY2010 | 20100030401
The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation Date of 26 August 1988 * DD Form 214 with a separation date of 5 March 1993 * NGB Form 22 (National Guard Bureau Report of Separation and Record of Service) with an effective date of 1 June 1998 * Department of Veterans Affairs (VA) Rating Decisions dated 2 April 2007, 3 August 2009, and 15 November 2010 * Army National Guard Retirement Points History Statement prepared on 12...
ARMY | BCMR | CY2010 | 20100030404
The applicant requests an upgrade of his bad conduct discharge to a general discharge 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. ___________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 | 20100030405
pro-rata share = __________1__________ x applicable BAH II-with dependents total number of supported rate family members c. Paragraph 2-6c (Calculation) states the "total number of supported family members" in the denominator of the fraction in figure 2-1 includes all family members (regardless of residence) except the following: (1) a Soldier's former spouse, regardless of whether the Soldier is providing financial support to the former spouse; (2) a Soldier's present spouse who is on...
ARMY | BCMR | CY2010 | 20100030407
The evidence of record confirms the applicant was properly processed through the Army's PDES. The evidence of record is void of any medical treatment records indicating the applicant was diagnosed with PTSD during his processing through the PDES or prior to his discharge. The rating decision shows the applicant is properly being treated and compensated for his service-connected PTSD and other conditions by the VA, which is the appropriate agency to provide these services for...
ARMY | BCMR | CY2010 | 20100030408
Prior to his enlistment in the Regular Army (RA), the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his first name as "Lawxxxxx." The evidence of record shows that upon his enlistment in the Army, the applicant listed his first name as "Lawxxxxx." Therefore, absent convincing, independent, and verifiable evidence to the contrary it is presumed that the applicant's military service records including the DD Form 214 were correct at the time they were...
ARMY | BCMR | CY2010 | 20100030411
On 25 February 1974, after consulting with counsel, the applicant submitted a request for discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 10. On 4 March 1974, the separation authority approved the applicant's request for discharge and directed the issuance of an undesirable discharge. There is no evidence the applicant applied to the Army Discharge Review Board for...
ARMY | BCMR | CY2010 | 20100030412
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 his deployment in support of Operation Iraqi Freedom (OIF); to show completion of the Primary Leadership Development Course (PLDC); to show award of the Noncommissioned Officer Professional Development Ribbon (NCOPDR); and to replace the 21-week Morse Code Interceptor...
ARMY | BCMR | CY2010 | 20100030414
Application for correction of military records (with supporting documents provided, if any). Records show the applicant enlisted in the Regular Army on 16 June 1997 and that orders discharged her on 1 June 2000. The applicant provides insufficient evidence to show her discharge was delayed to 11 June 2000.
ARMY | BCMR | CY2010 | 20100030416
The applicant states he served on active duty from 17 November 1971 to 30 June 1992 without a break in service; however, item 11 (Primary Specialty) of his DD Form 214 ending on 30 June 1992 shows he served 20 years, but item 12 (Record of Service) only shows he completed 17 years of active service. The applicant requests correction of his DD Form 214, effective 30 June 1992, to show he entered active duty on 17 November 1971. The evidence shows the applicant was issued DD Forms 214 that...
ARMY | BCMR | CY2010 | 20100030417
The applicants military records show he enlisted in the Regular Army on 1 October 1968, he was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman), and he served in Vietnam as a rifleman in an infantry unit 2 months and 5 days. While the applicant was assigned to an infantry unit, and he held an infantry MOS in Vietnam 2 months and 5 days, there is no evidence he served in active ground combat. Without evidence to show he served in active ground combat,...
ARMY | BCMR | CY2010 | 20100030418
Application for correction of military records (with supporting documents provided, if any). There are no orders or other evidence in the applicant's records showing he was awarded the Army Achievement Medal. The applicant's records contain no evidence he was ever awarded the Army Achievement Medal and there is insufficient evidence to award it to him.
ARMY | BCMR | CY2010 | 20100030420
The applicant requests correction of her narrative reason for separation to show she was discharged for depression and not a personality disorder. The applicant states item 28 (Narrative Reason for Separation) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) reads "Personality Disorder" but at no point during her military career, or any point thereafter, was she diagnosed with a personality disorder. The applicant's narrative reason for separation was assigned...
ARMY | BCMR | CY2010 | 20100030423
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his discharge under other than honorable conditions be upgraded to an honorable discharge, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he was discharged in the pay grade of E-3 and that he was not court-martialed and that he be paid all back pay and allowances due him. The applicants DD Form 214 also properly reflects that he was reduced to the pay...
ARMY | BCMR | CY2010 | 20100030424
Army Regulation 600-8-22 states the VSM is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Therefore, it would be appropriate award him the Purple Heart for wounds sustained as a result of hostile actions in Vietnam on 18 July 1967 and correction of his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2010 | 20100030426
BOARD DATE: 18 August 2011 DOCKET NUMBER: AR20100030426 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests reconsideration of an earlier request for upgrade of his bad conduct discharge (BCD) to an honorable discharge. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100000397, on 3 August 2010.
ARMY | BCMR | CY2010 | 20100030429
On 11 August 1983, upon consideration of the entire record, the U.S. Army Court of Military Review affirmed the findings of guilty and sentence as approved. A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant was discharged on 22 December 1983 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 3, section IV, with a bad conduct discharge. When authorized, it is issued to a Soldier whose military record...
ARMY | BCMR | CY2010 | 20100030431
Therefore, he is entitled to correction of his DD Form 214 to show these unit awards. His record shows he participated in the National Resolution and Iraqi Surge campaigns based on his deployment to Iraq; therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars for wear on his already-awarded Iraq Campaign Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting the Iraq...
ARMY | BCMR | CY2010 | 20100030440
If the report of a special selection board, approved by the President, recommends for promotion to the next higher grade an officer not currently eligible for promotion, or a former officer whose name was referred to it, the Secretary of the Army may act through the Army Board for Correction of Military Records (ABCMR) to correct the military record of the officer or former officer to correct an error or remove an injustice resulting from not being selected for promotion by the board which...
ARMY | BCMR | CY2010 | 20100030441
When authorized, it is issued to a Soldier whose military record is satisfactory, but not sufficiently meritorious to warrant an honorable discharge. It shows SPN "284" for enlisted Soldiers discharged under the provisions of Army Regulation 635-206 for misconduct based on civil conviction during the current term of active military service. Although there is no available evidence that the applicant had an alcohol problem, this is irrelevant.
ARMY | BCMR | CY2010 | 20100030461
General Orders Number 491, Headquarters, I Field Force Vietnam, dated 1 June 1969, awarded him the Bronze Star Medal for meritorious service in connection with military operations against an armed hostile force in the Republic of Vietnam, from October 1968 through June 1969. He participated in five campaign phases during his service in Vietnam; therefore, he is entitled to a single silver service star for wear on his already-awarded Vietnam Service Medal, and to correction of his DD Form...
ARMY | BCMR | CY2010 | 20100030462
A DD Form 1966 (Record of Military Processing - Armed Forces of the United States) completed when he enlisted shows in item 32a (Specific Option/Program Enlisted for) he enlisted for 3 years, training in MOS 19K, and an enlistment bonus in the amount of $4,000. The advisory official confirmed the applicant was to be paid a $4,000 enlistment bonus and stated a review of the available records did not show the bonus had been paid. The evidence of record supports the applicant's request to be...
ARMY | BCMR | CY2010 | 20100030464
On 20 July 1981, the separation authority approved the applicant's request for discharge under the provisions of Army Regulation 635-200, chapter 10, and directed that he be issued an under other than honorable conditions discharge. There is no evidence in the available records and the applicant did not provide any evidence that shows he was medically disqualified from performing military duties at the time of his separation. Based on his record of indiscipline, the applicant's service...
ARMY | BCMR | CY2010 | 20100030469
There is no evidence in the available records to show that the applicant ever applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge within that boards 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 | CY2010 | 20100030471
His military pay record is accepted as sufficient as a basis to correct his DD Form 214 for the period ending 2 September 2000 to show his foreign service in Bosnia-Herzegovinia. The applicant honorably served during a qualifying period of service for the first award of the Army Good Conduct Medal for the period 13 September 1996 through 12 September 1999. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from...
ARMY | BCMR | CY2010 | 20100030472
His DD Form 47 (Record of Induction) shows: * Item 1 (Last Name, First Name, Middle Name) shows his name as "Sxxxx, Travis Eddie" * Item 5 (DOB) shows his DOB as 26 March 1946 4. His DA Form 20 (Enlisted Qualification Record) which was created upon his entrance into the Army shows his full name as "Sxxxx, Travis E." He authenticated this form on the date of its creation by placing his signature in item 47 (Signature of Individual), using the name "Travis E. Therefore, in the absence of...
ARMY | BCMR | CY2010 | 20100030477
On 14 February 1968, 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. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. _______ _ __X_____ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army...
ARMY | BCMR | CY2010 | 20100030479
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his awards of the Meritorious Service Medal (MSM) 1st Oak Leaf Cluster (OLC), the Joint Service Commendation Medal (JSCM) 1st OLC, the Overseas Service Ribbon (OSR) and 11 commemorative medals.. 2. Notwithstanding that the applicant has not provided orders or evidence to show he was awarded commemorative medals, there are no provisions for adding commemorative medals to...
ARMY | BCMR | CY2010 | 20100030486
BOARD DATE: 28 June 2011 DOCKET NUMBER: AR20100030486 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show he was a member of the Regular Army (RA) instead of the U.S. Army Reserve. His DD Form 214 for the period ending 28 September 1975 shows he entered active duty on 4 March 1975.
ARMY | BCMR | CY2010 | 20100030497
The applicant requests that his undesirable discharge be upgraded to an honorable discharge. On 15 January 1975, after consulting with counsel, the applicant submitted a voluntary request for discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Personnel Separations), chapter 10, for the good of the service - in lieu of court-martial. Although an honorable or general discharge is authorized an undesirable discharge was appropriate at the time.
ARMY | BCMR | CY2010 | 20100030500
The applicant requests, in effect, his retirement DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected: * in Item 12a (Date Entered AD [Active Duty] This Period) * his rank be corrected in Items 4a (Grade, Rate, or Rank) and 4b (Pay Grade) He also requests he be advanced on the retired list to his highest grade satisfactorily held. The applicant's records contain four DD Forms 214 covering his 20-plus years of service: * 19710928 19721017 * 19721018 19770202 *...
ARMY | BCMR | CY2010 | 20100030503
Army Regulation 601-210, in effect at the time, stated that conscientious objectors were ineligible to enlist or reenlist. The available evidence shows the applicant received an honorable discharge on 7 March 1969 and was transferred to the U.S. Army Reserve Control Group (Annual Training). ____________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 | 20100030508
On 5 January 1983, the applicant consulted with legal counsel and after being advised of the basis of the contemplated trial by court-marital and the maximum permissible punishment under the UCMJ, of the possible effects of an under other than honorable conditions discharge, and of the rights and procedures available to him, he voluntarily requested discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, for the good of the service...