ARMY | BCMR | CY2010 | 20100010083
IN THE CASE OF: BOARD DATE: 2 November 2010 DOCKET NUMBER: AR20100010083 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Defense counsel stated he had not spoken to the proposed expert but oddly enough, the trial counsel had. When the CDR presented the draft NCOER to the applicant, he acknowledged signing the document, but never admitted to submitting the official NCOER.
ARMY | BCMR | CY2010 | 20100010087
His medical records are available for review with this case but none of the medical documents show he was wounded in action or treated for a combat wound. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Notwithstanding the applicant's sincerity, in the absence of additional documentation that conclusively shows he was wounded or injured as a result of hostile action...
ARMY | BCMR | CY2010 | 20100010088
However, he held the rank/pay grade of private/E-1 at the time of separation. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. The applicant's record is devoid of any evidence and he did not provide any evidence that he was ever told his BCD would be upgraded after a period of 6 months.
ARMY | BCMR | CY2010 | 20100010090
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following awards: * Army Achievement Medal (AAM) * AAM (1st Oak Leaf Cluster) * Certificates of Training (German and Driver Safety Orientation) * Certificate of Excellence * Presidential Sports Award 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria and administrative instructions concerning individual military awards. The applicant's DD Form...
ARMY | BCMR | CY2010 | 20100010094
The applicant requests reconsideration of his earlier request for 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 with "V" Device and the Purple Heart. 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 AR20090005420 on 13 August 2009. In the...
ARMY | BCMR | CY2010 | 20100010095
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was a paratrooper with the 1st Battalion, 325th Infantry, 82nd Airborne Division, Fort Bragg, NC; that he volunteered for service in Vietnam; and all of his authorized awards and decorations. (1) Special orders awarded the applicant MOS 36K2P and it is recorded in item 23a of his DD Form 214. (2) However, item 25 of his DD Form 214 does not show the training...
ARMY | BCMR | CY2010 | 20100010096
The applicant requests upgrade of his under other than honorable conditions discharge to an honorable discharge. It also shows 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 trial by court-martial, with service characterized as under other than honorable conditions. Based on this record of indiscipline and in view of the fact he voluntarily requested discharge to avoid a...
ARMY | BCMR | CY2010 | 20100010100
The applicant requests restoration of his rank to sergeant first class (SFC) and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he completed 22 years and 12 days of service and award of the numeral 3 to his Noncommissioned Officer Professional Development Ribbon (NPDR). He enlisted in the Army with prior service on 15 August 1974 and was honorably retired on 30 September 1996. g. On 22 May 1996, the applicant's immediate commander requested...
ARMY | BCMR | CY2010 | 20100010101
Accordingly, the applicant was discharged with a general discharge on 23 June 1989 under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance. However, his record of service during his last enlistment included one nonjudicial punishment and 4 APFT failures. _______ _ _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 | 20100010102
The applicant's record shows he was inducted into the Army of the United States on 5 February 1969. The applicant's record shows he did serve in Vietnam for 12 months. ____________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 | 20100010103
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 30 August 1969 to show award of the Purple Heart. There is no evidence in the available records and the applicant has not provided any evidence that shows he was injured as a result of hostile action while assigned to an infantry unit engaged in active ground combat. _______ _ x _______ ___ CHAIRPERSON I certify that herein is recorded the true and...
ARMY | BCMR | CY2010 | 20100010104
On 24 August 1981, the applicant's immediate commander notified him of his intent to initiate separation action against him in accordance with chapter 14 of Army Regulation 635-200 (Personnel Separations) for misconduct - frequent involvement in incidents of a discreditable nature with civil or military authorities. On 1 September 1981, the separation authority approved the applicant's discharge under the provisions of chapter 14 of Army Regulation 635-200 by reason of misconduct and...
ARMY | BCMR | CY2010 | 20100010106
Army Regulation 672-5-1 (Military Awards) provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service. There is no evidence in the available records to show that the applicant should be awarded the CIB. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (first award) for the period 25 October 1966 through...
ARMY | BCMR | CY2010 | 20100010108
Although there are no orders in the available records to show the applicant was awarded the Purple Heart, the available evidence does show that he was treated for multiple fragment wounds to his hand and buttocks received on 5 January 1968 which resulted in the amputation of his fingertips. Additionally, the applicant claims that he was awarded the Purple Heart and given the available evidence, it is reasonable to presume that such was the case. Notwithstanding the staff DISCUSSION AND...
ARMY | BCMR | CY2010 | 20100010111
The evidence of record shows he was awarded the Vietnam Service Medal. General orders awarded the applicants unit of assignment the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation which are not shown on his records; 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...
ARMY | BCMR | CY2010 | 20100010112
The applicant requests removal of a DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)), dated 11 August 1987, from his Official Military Personnel File (OMPF). He would like the Article 15 removed from his records. Effective 10 August 1987, paragraph 3-37(b) stated, in pertinent part, that for Soldiers E-4 and below who have been in the Army less than three years as of the date punishment is imposed, the original DA Form 2627 will be filed...
ARMY | BCMR | CY2010 | 20100010114
The applicant requests, in effect, an upgrade of his undesirable discharge to an honorable discharge. On 24 July 1974, 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. There is no evidence showing the applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge within that board's 15-year...
ARMY | BCMR | CY2010 | 20100010115
This publication shows that the 2nd Battalion,16th Infantry Regiment during the time of the applicant's assignment was cited in Department of the Army General Orders (DAGO) Number 32, dated in 1969, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and in DAGO Number 53, dated in 1970, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2010 | 20100010116
There is no indication in his records that he applied to the Army Discharge Review Board for an upgrade of his discharge within that boards 15-year statute of limitations. This regulation also prescribed that an undesirable discharge was normally issued unless the particular circumstances warranted a general or an honorable discharge. _______ _ __X_____ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...
ARMY | BCMR | CY2010 | 20100010117
Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service. Based on his overall record of service, it would be appropriate to award him the first award of the AGCM and to correct his records to reflect this award. 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...
ARMY | BCMR | CY2010 | 20100010118
The applicant requests an upgrade of his undesirable discharge to general discharge. On 21 May 1976, a representative of The Adjutant General of the Army informed the applicant that the Army Discharge Review Board (ADRB), after careful consideration of his records and all other available evidence, had determined that he was properly discharged. The evidence of record shows he was discharged under the provisions of Army Regulation 635-212, for frequent incidents of a discreditable nature.
ARMY | BCMR | CY2010 | 20100010120
Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. The applicant's record of service during his last enlistment included two NJP's. _____________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 | 20100010122
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 10 August 1966, at the request of Mrs. Johnson, The Adjutant General responded to the applicant, informing him of the procedures for applying for a hardship discharge. On 7 December 1967, The Adjutant General informed the applicant that the Army Discharge Review Board had determined that he had been properly discharged and denied his request for a change in the type and nature of his discharge.
ARMY | BCMR | CY2010 | 20100010127
The applicant requests reconsideration of his earlier request for correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) as follows: * Item 4 (Component and Branch of Service) show he served in the "Infantry" instead of the "Artillery" * Item 30 (Service Schools or Colleges, College Training Courses, and/or Post Graduate Courses Successfully Completed) show completion of the Ranger Course 2. Incorporated herein by reference are military records which...
ARMY | BCMR | CY2010 | 20100010128
The applicant requests that his records be corrected to reflect his award of the Bronze Star Medal (BSM). The applicant has failed to show through the evidence submitted with his application, and there is no evidence of record, to support his claim that he was awarded the BSM in Vietnam. 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 | 20100010132
On 2 December 1985, his immediate commander notified him of his intention to initiate separation action against him in accordance with paragraph 14-12(c) of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), for misconduct commission of a serious offense. The DD Form 214 he was issued at the time of his discharge shows he was discharged in accordance with chapter 14-12(c) of Army Regulation 635-200 by reason of misconduct commission of a serious offense with a...
ARMY | BCMR | CY2010 | 20100010136
On 20 August 2008, the applicant concurred with the EPSBD Proceedings in Item 21 (Action by Service Member) of the DA Form 4707 and requested to be discharged from the Army without delay. This portion of the EPSBD Proceedings also provided the applicant the opportunity to concur with the proceedings and request retention on active duty; to disagree with the proceedings because his condition did not exist prior to service; or to disagree with the proceedings because his condition was not...
ARMY | BCMR | CY2010 | 20100010137
The applicant requests, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show award of or authorization to wear the: * Asiatic-Pacific Campaign Medal * Good Conduct Medal * World War II Victory Medal * Honorable Service Lapel Button 2. His military record is not available to the Board for review. His WD AGO Form 53-55 does not show he was entitled and there is insufficient evidence in the available record to justify award of...
ARMY | BCMR | CY2010 | 20100010138
At the time of his discharge he was issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) showing his character of service as under honorable conditions. He requests his DD Form 214 show the character of service he was discharged with. The other DD Form 214, his military records, and original DD Form 214 confirm he was discharged on 12 July 1989 for the good of the service in lieu of court-martial and his service was characterized as under other honorable conditions,...
ARMY | BCMR | CY2010 | 20100010142
A board of officers convened on 6 March 1970 and found that the applicant was undesirable for further retention in the military service because of his conviction by a civil court and recommended that he be discharged from the service for misconduct (conviction by civil court) with the issuance of an undesirable discharge. There is no evidence the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations. ...
ARMY | BCMR | CY2010 | 20100010144
Item 11d on his DD Form 214 shows the entry "5 Sep 46" [5 September 1946]. Evidence of record shows the applicant enlisted in the Regular Army on 8 September 1966 for a period of 3 years and he was released from active duty on 5 September 1969. Therefore, item 11d should be corrected to show his effective date was 5 September 1969 not 5 September 1946.
ARMY | BCMR | CY2010 | 20100010145
Since there are no orders or corroborating evidence to show he was awarded the Bronze Star Medal, there is an insufficient basis for adding this award to his DD Form 214. The available records show the applicant was awarded the Vietnam Service Medal and that he participated in five campaigns while serving in the RVN. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award)...
ARMY | BCMR | CY2010 | 20100010147
There appears to be no evidence of record and the applicant provided none to show he was wounded as a result of enemy action, that treatment was required, or that the treatment was made a matter of record. 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. Therefore, the Board determined that the overall merits of this case are insufficient as a basis...
ARMY | BCMR | CY2010 | 20100010148
The applicants service record does not indicate he served in combat during his tours in the RVN. However, there is insufficient evidence to show the applicant actively participated in ground combat while serving with an infantry unit in Vietnam. ABCMR Record of Proceedings (cont) AR20100010148 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100010148 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2010 | 20100010150
The applicant states, in effect, that he initially declined participation in the SBP; however, because the witness did not date their signature, he was automatically enrolled in the SBP. Accordingly, the applicant should be re-instated back into the SBP effective the date of his original retirement. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that the applicant was automatically enrolled in the SBP due to...
ARMY | BCMR | CY2010 | 20100010151
This form also contains the following pertinent information: * Block 24 (Character of Service) shows his service was characterized as honorable * Block 25 (Separation Authority) shows he was REFRAD under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 5-16 * Block 26 (Separation Code) shows his Separation Program Designator (SPD) code as MCF * Block 27 (RE Code) shows he was assigned an RE code of 3 * Block 28 (Narrative Reason for...
ARMY | BCMR | CY2010 | 20100010152
The applicant states his SSN and grade are incorrect and his service in Vietnam is not listed on his DD Form 214. The applicant contends his DD Form 214 should be corrected to show his correct SSN, correct rank/grade, and his service in Vietnam to include his awards. With respect to his Vietnam service, the evidence of record shows he served in Vietnam from on or about 4 February 1968 to 9 January 1969.
ARMY | BCMR | CY2010 | 20100010153
On 15 September 2008, the applicant's request for discharge in lieu of trial by court-martial was approved. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities and reasons for separating Soldiers from active duty and the SPD codes to be entered on the DD Form 214. The SPD code 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 | 20100010154
He was issued a DD Form 214 which shows in item 11 that he served in MOS 95B for 20 years and 3 months. The evidence of record confirms he was awarded MOS 95B on 17 August 1973 and served continuously in that MOS until his retirement on 28 February 1994, a period of 20 years, 6 months, and 12 days. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 11 of the applicant's DD Form 214 for the period ending 28...
ARMY | BCMR | CY2010 | 20100010156
IN THE CASE OF: BOARD DATE: 9 November 2010 DOCKET NUMBER: AR20100010156 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests her military records be corrected by canceling her Survivor Benefit Plan (SBP) election for spouse coverage. However, there is no evidence and the applicant provided no evidence which shows her spouse concurred with her election to decline SBP.
ARMY | BCMR | CY2010 | 20100010159
Therefore, he served a qualifying period for award of the Global War on Terrorism Service and is entitled to the issuance of this award and correction of his records to show it. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 the Global War on Terrorism Service Medal and issuing him the medal. __________X_________ CHAIRPERSON I certify that herein is recorded the true and complete record of the...
ARMY | BCMR | CY2010 | 20100010164
The applicant requests consideration for award of the Combat Medical Badge and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards: * Sharpshooter Marksmanship Qualification Badge with Pistol Bar * Vietnam Campaign Medal * Driver and Mechanic Badge with Driver Bar * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 2. Army Regulation 600-8-22 (Military Awards) provides for award of the Republic...
ARMY | BCMR | CY2010 | 20100010165
There are no orders for the Purple Heart in the applicants service personnel records. However, there is no evidence of record which shows the applicant was wounded or injured as a result of hostile action in Vietnam. Regrettably, there is insufficient evidence on which to base award of the Purple Heart in this case.
ARMY | BCMR | CY2010 | 20100010169
Application for correction of military records (with supporting documents provided, if any). Nor is there any evidence that he sustained any combat-related wounds. ____________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 | 20100010175
IN THE CASE OF: BOARD DATE: 30 September 2010 DOCKET NUMBER: AR20100010175 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Army Regulation 635-200 provides 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. It states the SPD code JGA is the appropriate code to assign to members separated under the provisions of chapter 11, Army Regulation 635-200, because of entry-level performance and conduct.
ARMY | BCMR | CY2010 | 20100010178
The applicant states he was separated from the Army because he was overweight and couldn't pass the Army Physical Fitness Test (APFT). On 19 December 1988, the applicant's company commander notified him of her intent to separate him for unsatisfactory performance under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 13. There is no record the applicant petitioned the Army Discharge Review Board seeking a discharge upgrade during that board's 15-year statute of...
ARMY | BCMR | CY2010 | 20100010180
He provides copies of his: * Master Sergeant (MSG), E-8, promotion orders * 1SG Lateral Appointment Orders * Reduction Orders to pay grade/rank Sergeant First Class (SFC), E-7 * Meritorious Service Medal (MSM) Certificates and a DA Form 638 (Recommendation for Award) of the MSM * Army National Guard (ARNG) Current Annual Statement * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Retired Reserve Orders * ARNG Enlistment Document * Letter for the Army Grade Determination...
ARMY | BCMR | CY2010 | 20100010181
IN THE CASE OF: BOARD DATE: 14 September 2010 DOCKET NUMBER: AR20100010181 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his awards of the Army Commendation Medal (ARCOM) and the Army Good Conduct Medal (AGCM). This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file...
ARMY | BCMR | CY2010 | 20100010183
The applicant requests the following awards: * Combat Infantryman Badge * Purple Heart * Arrowhead Device for the Vietnam Service Medal based on participation in an amphibious assault in conjunction with the 1st Marine Division during the Spring of 1968 * Joint Service Commendation Medal based on combat duty performed with the 1st Marine Division during the Tet Counteroffensive campaign in 1968 2. The applicant states the following: * He was wounded in combat as an infantry squad member *...
ARMY | BCMR | CY2010 | 20100010185
The applicant requests that his record be corrected to show that he served two full years. 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 available evidence clearly shows the applicant severed 1 year, 11 months,...