ARMY | BCMR | CY2010 | 20100011237
Counsel requests, in effect, that the applicant's Special Discharge Review Program (SDRP) upgrade to General be affirmed on his DD Form 214 (Report of Separation from Active Duty) and the reason for separation be changed to medical disability. The applicant's records show he applied to the Army Discharge Review Board (ADRB) for upgrade of his discharge and, on 9 August 1977, the ADRB denied the applicant's request. The counsel's requests, in effect, that the applicant's Special Discharge...
ARMY | BCMR | CY2010 | 20100011240
The applicant requests his under other than honorable conditions discharge be upgraded to a general discharge. In his request for discharge, he acknowledged he understood that by requesting discharge he understood that if the discharge request was approved, he may be discharged under other than honorable conditions and be furnished an Undesirable Discharge Certificate. There is no indication he petitioned the Army Discharge Review Board for an upgrade of his discharge within that board's...
ARMY | BCMR | CY2010 | 20100011245
The applicant states the service treatment record he provides is sufficient evidence to grant the award of a Purple Heart. The Standard Form 600 he provided shows that on 22 August 1967, while serving in the RVN, he was hit in the leg with a punji stick and was treated for a wound to his lower left leg caused by the punji stick. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for a wound...
ARMY | BCMR | CY2010 | 20100011246
There is no evidence and the applicant did not provide any to show that he was physically unfit to perform his duties at the time of his separation. Consequently, the applicant's medical condition of depression, although not considered medically unfitting for military service at the time of processing for separation, discharge or retirement may be sufficient to qualify him for VA benefits based on an evaluation by that agency. Consequently, there is no basis for granting the applicant's...
ARMY | BCMR | CY2010 | 20100011249
IN THE CASE OF: BOARD DATE: 16 November 2010 DOCKET NUMBER: AR20100011249 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The evidence of record does not support the applicant's request for correction of his DD Form 214 to show award of the AFEM, American Campaign Medal, and "Army Injury Medal." The evidence of record does not show the applicant served in an operation in Germany designated by the Joint Chiefs of Staff for award of the AFEM.
ARMY | BCMR | CY2010 | 20100011258
The applicant requests correction of his 10 December 1965 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards: * Korea Defense Service Medal (KDSM) * National Defense Service Medal (NDSM) * Armed Forces Expeditionary Medal (AFEM) 2. Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the KDSM is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of...
ARMY | BCMR | CY2010 | 20100011261
The applicant requests his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his authorized awards include the Air Medal with "V" Device and oak leaf clusters. However, there is no available evidence that the applicant was awarded the Air Medal with "V" Device. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the awards currently shown on his DD Form 214...
ARMY | BCMR | CY2010 | 20100011262
The applicant provided an Army Commendation Medal Certificate, dated 28 March 1984, that shows he was awarded the Army Commendation Medal for meritorious service during the period 23 August 1982 through 1 March 1984. There are no general orders in the applicant's service personnel records that show he was awarded the Army Commendation Medal. Unfortunately, the certificate provided by the applicant alone is insufficient evidence to show he was awarded the Army Commendation Medal.
ARMY | BCMR | CY2010 | 20100011263
Army Regulation 672-5-1 (Military Awards), in effect at the time, stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. Therefore, it would be appropriate to...
ARMY | BCMR | CY2010 | 20100011266
The applicant requests correction of his 8 December 1969 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the correct dates of his service in the Republic of Vietnam (RVN). The applicant states item 30 on his DD Form 215 (Correction to DD Form 214) incorrectly lists his Vietnam service from 19 December 1968 to 13 September 1969. Therefore, in the interest of equity, it would be appropriate to correct the applicant's record to show he served in Vietnam...
ARMY | BCMR | CY2010 | 20100011267
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 and the Purple Heart. The applicant states: * he was presented with the Combat Infantryman Badge prior to leaving Vietnam * he was awarded the Purple Heart for an injury he received from a punji stick as indicated in his medical records * he served in numerous combat operations in the central highlands of Vietnam while...
ARMY | BCMR | CY2010 | 20100011269
Although, the applicant's request is beyond the 1-year time limit for reconsideration, he provided two self-authored statements which contain new arguments and two witness statements which were not previously considered by the Board and merit consideration by the Board. He was advised of his right to consult with legal counsel to decide whether to accept the Article 15 or demand trial by court-martial instead. His witness statements present personal observations which are insufficient...
ARMY | BCMR | CY2010 | 20100011271
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. 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. DFAS further states, "Regrettably, we did not notify [applicant] that she was the designated beneficiary for the AOP."
ARMY | BCMR | CY2010 | 20100011272
On 17 April 2000, the 63rd Regional Support Command, Los Alamitos, CA, published Orders 00-108-005, transferring her from her TPU to the USAR Control Group (Reinforcement) for personal cogent reasons. The evidence of record in this case confirms the applicant completed a total of 15 years of qualifying service for non-regular retirement between 15 August 1984 and her transfer to the USAR Control Group (Reinforcement) on 17 April 2000. She was issued an order transferring her to the Retired...
ARMY | BCMR | CY2010 | 20100011275
The applicant requests correction of his records to show he was medically retired instead of honorably discharged with entitlement to severance pay. The applicant contends his records should be corrected to show he was medically retired instead of honorably released from active duty. The PEB did so and rated him at 20% for his low back condition.
ARMY | BCMR | CY2010 | 20100011276
The applicant's reconstructed records show he is entitled to awards that are not listed on his WD AGO Form 53-55. Regrettably, absent evidence which conclusively shows that the applicant sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is an insufficient basis for awarding the Purple Heart to the applicant. Therefore, the Board requests that...
ARMY | BCMR | CY2010 | 20100011279
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his service in Iraq and by awarding him the Iraq Campaign Medal. Although the available evidence shows the 79th Military Police Company served in Iraq, the specific dates are not clear. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding the Iraq Campaign Medal with two bronze service stars and...
ARMY | BCMR | CY2010 | 20100011282
The applicant requests removal of a General Officer Memorandum of Reprimand (GOMOR) from the restricted portion of his Official Military Personnel File (OMPF). The applicant was told that the GOMOR could be filed permanently in his OMPF; however, matters submitted in rebuttal would be considered. In his petition, he stated the following: * After going to court the charge of DUI was reduced to careless driving * He did not receive an Article 15 * He attended an Alcohol Counseling/Evaluation...
ARMY | BCMR | CY2010 | 20100011283
There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Air Medal, Combat Infantryman Badge, or a marksmanship qualification badge with Rifle (M-14) Bar. Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualifying period of active duty enlisted service. There is no evidence in the applicant's military personnel records that...
ARMY | BCMR | CY2010 | 20100011286
The applicant states the following: * Prior to enlisting in the Army he served in the US Marine Corps (USMC) until he was honorably discharged in September 1992 in the rank of gunnery sergeant/E-7 * He attended every advanced school the USMC offered for his military occupational specialty (MOS) and rank * He was a successful Marine Corps Drill Instructor * He reentered the military in February 2009 as a result of a grade determination and he was told he could not be considered for SSG "due...
ARMY | BCMR | CY2010 | 20100011288
He provides orders that show he was awarded the Army Commendation Medal in June 1952. His records show he served on active duty during a qualifying period for award of the National Defense Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 27 of his DD Form 214 the Army Commendation Medal and the National Defense Service Medal.
ARMY | BCMR | CY2010 | 20100011293
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy. Therefore, it would be appropriate to correct his record and DD Form 214 accordingly.
ARMY | BCMR | CY2010 | 20100011295
The applicant requests that the following changes be made to his DD Form 214 (Certificate of Release or Discharge from Active Duty): * Item 24 (Character of Service) upgraded from under honorable conditions (general) * Item 25 (Separation Authority) change Army Regulation 635-200, Chapter 13 to a more favorable authority * Item 28 (Narrative Reason for Separation) change Unsatisfactory Performance to a more favorable reason for separation 2. On 6 June 1994, his immediate commander notified...
ARMY | BCMR | CY2010 | 20100011298
The applicant requests that the first name recorded in his military records be corrected. The evidence of record shows that, subsequent to the period of military service under review, a Delayed Certificate of Birth was issued showing the applicant's name is "FERNANDO A----- T-----." In this regard, the evidence of record shows that the applicant's military service records reflect the correct name (at the time) under which military service was performed.
ARMY | BCMR | CY2010 | 20100011299
The entire evaluation was not in records available to the Board, but the second page of the evaluation recommended that the applicant receive a hardship discharge if all requirements were met or, if not applicable, that he be administratively separated under the provisions of Army Regulation 635-209 (Personnel Separations - Discharge - Unsuitability). Army Regulation 635-200 (Personnel Separations), paragraph 3-7b, provides that a general discharge is a separation from the Army under...
ARMY | BCMR | CY2010 | 20100011303
The applicant requests correction of his date of rank to captain in the U.S. Army Reserve (USAR). This memorandum states the applicant's promotion record reviewed by the promotion board did not show he had completed the required civilian or military educational requirements for favorable consideration. The advisory official stated the applicant had the basis for application to the DA Special Selection Board (SSB) because he had produced documentary evidence showing he had completed his...
ARMY | BCMR | CY2010 | 20100011308
The applicant requests upgrade of his undesirable discharge (UD). The record also shows the applicant accrued 154 days of time lost during an AWOL period from 4 June 1973 to 4 November 1973. Although an honorable discharge or GD is authorized, a discharge under other than honorable conditions is normally considered appropriate.
ARMY | BCMR | CY2010 | 20100011309
He knows that in similar circumstances, when given an Article 15 an individual received an honorable discharge. However, his records contain a properly-constituted DD Form 214 (Report of Separation from Active Duty) that shows he was discharged on 1 September 1976 under the provisions of chapter 10 of Army Regulation 635-200 (Personnel Separations) for the good of the service in lieu of trial by court-martial with a character of service of under other than honorable conditions. Army...
ARMY | BCMR | CY2010 | 20100011311
On 20 December 1993 the applicant was notified by his unit commander that action had been initiated to administratively separate him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 14-12b, for patterns of misconduct. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. ...
ARMY | BCMR | CY2010 | 20100011312
Application for correction of military records (with supporting documents provided, if any). The applicant states he was discharged from active duty on 26 March 2003 and later requested corrections to his DD Form 214. The evidence of record shows the ADRB corrected his DD Form 214 to show he was honorably discharged on 26 March 2003; however, he contends he was transferred to the inactive Reserve.
ARMY | BCMR | CY2010 | 20100011313
The applicant requests, in effect, that the records of her deceased spouse, a former service member (FSM), be corrected to show he completed 20 qualifying years of service for a non-regular retirement. The applicant states: * the FSM died on 19 November 2009, the same day his Nineteen Year Letter was published * the FSM's ARPC Form 249-E (Chronological Statement of Retirement Points) shows he had 19 years, 11 months, and 26 days of creditable service towards a non-regular retirement at the...
ARMY | BCMR | CY2010 | 20100011314
IN THE CASE OF: BOARD DATE: 12 October 2010 DOCKET NUMBER: AR20100011314 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant's service record does not include medical documents which show he was treated for wounds received as a result of hostile action on two different occasions in Vietnam. In the absence of any other corroborating evidence of record which shows the applicant was wounded or injured as a result of hostile action, there is insufficient evidence upon which to base...
ARMY | BCMR | CY2010 | 20100011317
The applicant was discharged with disability severance pay on 11 October 2000. It was recommended that the applicant's request be denied as he had not provided any evidence of an error on the rating or in the determinations by either the MEB or PEB. The applicant's record does not contain any evidence and he has not provided any evidence to show that either the MEB or PEB was in error.
ARMY | BCMR | CY2010 | 20100011318
She now requests her USN active duty service be accepted in lieu of recoupment of her Army ROTC debt. At the time the applicant entered into her ROTC contract, she further acknowledged her understanding that if she failed to complete the educational requirements of her agreement or she was disenrolled from the ROTC program, the Secretary of the Army or his designee could order her to active duty as an enlisted Soldier; or in lieu of being ordered to active duty, she could be required to...
ARMY | BCMR | CY2010 | 20100011319
The applicant requests that the characterization of service on her U.S. Army Reserve (USAR) discharge orders be changed from "uncharacterized" to "honorable." However, her records contain Orders 58-2, issued by Headquarters, 121st USAR Command, Birmingham, AL, discharging her from the USAR on 12 May 1993 with an uncharacterized discharge under the authority of Army Regulation 135-178 (Separation of Enlisted Personnel), effective 12 May 1993. The available evidence shows she completed a...
ARMY | BCMR | CY2010 | 20100011323
The applicant requests removal of the following documents from his Official Military Personnel File (OMPF): * a DA Form 2627 (Record of Proceedings under Article 15 Uniform Code of Military Justice (UCMJ) dated 6 June 2006 and all associated documents * all documents associated with his appeal to the Department of the Army Suitability Evaluation Board (DASEB) * a Relief for Cause (RFC) Noncommissioned Officer Evaluation Report (NCOER) ending in June 2006 2. There is no evidence in the...
ARMY | BCMR | CY2010 | 20100011324
There is no evidence of record to show that the applicant was promoted to the rank of SSG prior to 5 September 1972 and the applicant provides insufficient evidence to show differently. His DD Form 214 shows he separated as an SP5; however, the MOS shown on his DD Form 214 is 13B4O. His DD Form 214 should be corrected to show his rank as SGT.
ARMY | BCMR | CY2010 | 20100011325
She also requests credit for her 3 years of service in the U.S. Army Reserve (USAR) from 18 May 2007 to 17 May 2010, credit for 14 days of annual training that she would have served in the IRR for each of the 3 years since the error occurred, and if any correction action is taken, correction to her records to show she had been in the IRR continuously from 18 May 2007 until the effective date of any corrective changes and that she be given sufficient time to transfer from the IRR to a troop...
ARMY | BCMR | CY2010 | 20100011327
Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 contains the entry "None." Regrettably, absent evidence which conclusively shows that the applicant sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is an insufficient basis for awarding the Purple Heart to the applicant. Therefore, the Board requests that the CMSD-Arlington, VA...
ARMY | BCMR | CY2010 | 20100011330
Army Regulation 635-200, paragraph 1-35, states when the examining medical officer decides that a member being considered for elimination for misconduct (chapter 14) does not meet the retention medical standards, he or she will refer that member to a medical board. The Army must find that a service member is physically unfit to reasonably perform his or her duties and assign an appropriate disability rating before he or she can be medically retired or separated. He has failed to show...
ARMY | BCMR | CY2010 | 20100011332
The applicant requests correction of his DA Form 24 (Service Record) to include his temporary duty (TDY) in Vietnam from May to September 1965. His military records and DA Form 24 do not show any service in Vietnam. The applicant's military records show no evidence of his TDY in Vietnam or any service in Vietnam during his period of service and he provides no evidence (such as orders or pay records).
ARMY | BCMR | CY2010 | 20100011333
The applicant states he retired on 1 September 2009 with 28 years of active service. The policy further states the Secretaries of the Military Departments will provide active duty participants and members of the Reserve Components with qualifying active duty service individual pre-separation or release from active duty counseling on the benefits under the Post-9/11 GI Bill and document accordingly and maintain records for individuals who receive supplemental educational assistance under...
ARMY | BCMR | CY2010 | 20100011335
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by adding the Army Lapel Button and that he be provided the lapel button. 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. f. No Soldier separating from the Service is to be...
ARMY | BCMR | CY2010 | 20100011340
The applicant states the doctor who treated him for his injuries in Vietnam asked if he wished to have the Purple Heart and he declined. The applicant's service medical records are not available for the Board to review. The applicant's Official Military Personnel File does not contain documentation showing he was injured in combat or documentation of medical treatment he received at the time of his medical evacuation from Vietnam.
ARMY | BCMR | CY2010 | 20100011343
Her conviction and discharge were effected in accordance with applicable law and regulations. The evidence of record failed to establish a basis upon which clemency could be granted and upon which the severity of the punishment imposed could be moderated with an upgrade of the applicant's bad conduct discharge. _______ _ _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 | 20100011346
The applicant requests his 1988 discharge under other than honorable conditions be upgraded. The applicants record does not contain any evidence he applied to the Army Discharge Review Board to have his discharge upgraded. 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 | 20100011350
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. He further acknowledged he understood that satisfactory completion of such alternate service will be acknowledged by issuance of a Clemency Discharge Certificate. The applicant's records show he had 907 days of time lost due to being AWOL.
ARMY | BCMR | CY2010 | 20100011359
The applicant's military record is not available to the Board for review. The applicant had more than a year of foreign service and served in a unit assigned to Korea during the period of eligibility for the KDSM. __________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 | 20100011361
The applicant requests, in effect, correction of his record to show he is eligible for a Reenlistment Bonus and the Student Loan Repayment Program (SLRP) as stated in his reenlistment contract. The applicant's military records show he reenlisted on 8 June 2005 for a period of six years in the United States Army Reserve. The evidence of record confirms the applicant entered into a reenlistment contract that included authorization for a $15,000 Reenlistment Bonus and SLRP benefits not to...
ARMY | BCMR | CY2010 | 20100011363
The applicant requests award of the Purple Heart. Colonel (COL) J____ B. P____'s strict interpretation of Army Regulation 600-8-22 (Military Awards) which, in effect, denied him award of the Purple Heart by stating he was not injured as a result of enemy action, but as a result of running into the door during the rocket attack on 26 May 1968, is not true. In the absence of any other corroborating evidence of record which shows he was wounded or injured as a result of hostile action, there...