ARMY | BCMR | CY2010 | 20100011633
The PEB determined the applicant's retirement was not based on disability from injury or disease received in the line of duty as a direct result of armed conflict or caused by an instrumentality of war and incurring in the line of duty during a period of war as defined by law. Army Regulation 635-40 states that voting members of a PEB make findings and recommendations in each case referred to the board. The PEB determined the applicant's retirement was not based on disability from injury...
ARMY | BCMR | CY2010 | 20100011634
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to include a second award of the National Defense Service Medal and the Noncommissioned Officer Professional Development Ribbon with Numeral 4. Further, the applicant served during two periods for which the National Defense Service Medal was authorized. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing...
ARMY | BCMR | CY2010 | 20100011640
The applicants military records are not available to the Board for review. There is no evidence in the available records which shows the applicant held the grade of technician third grade temporarily or was promoted to technician third grade prior to his discharge on 5 November 1945. However, his WD AGO Form 53-55 shows he was a technician fifth grade at the time of his discharge on 5 November 1945.
ARMY | BCMR | CY2010 | 20100011641
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. In his statement the applicant said that he didn't believe he should be given a discharge for misconduct because he did nothing bad. When discharge is ordered under this authority, a UOTHC discharge is considered appropriate.
ARMY | BCMR | CY2010 | 20100011644
The applicant states the corrections made to his DD Form 214 in 2009 and 2010 failed to show the appropriate lapel button for his military service. Army Regulation 600-8-22 (Military Awards) provides for award of the Honorable Service Lapel Button for honorable Federal military service between 8 September 1939 and 31 December 1946. The evidence of record clearly shows the applicant served honorably during a qualifying period for award of the Honorable Service Lapel Button.
ARMY | BCMR | CY2010 | 20100011648
The applicant provides the following documentary evidence: a. ABCMR Record of Proceedings, Docket Number AC95-08778, dated 19 March 1997; b. a letter from the Commander of American Legion Post 37, dated 28 March 2008; c. U.S. Army Reserve Personnel Center (ARPERCEN), St. Louis, MO, Orders C-05-421624, dated 17 May 1994, transferring him to the Retired Reserve, effective 12 May 1994; d. a memorandum from U.S. Total Army Personnel Command (USTAPC), St. Louis, dated 14 October 1994, notifying...
ARMY | BCMR | CY2010 | 20100011650
The applicant requests upgrade of his dishonorable discharge to a general discharge. The applicant provides: * His DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending 31 August 2006, 24 October 2002, and 7 February 2001 * General Court-Martial Order (GCMO) Number 95, issued by Headquarters, U.S. Army Armor Center, Fort Knox, KY, dated 12 May 2006 * U.S. Army Court of Criminal Appeals Decision, dated 14 December 2005 * GCMO Number 18, issued by...
ARMY | BCMR | CY2010 | 20100011655
It may also be overcome if acute, grave illness or injury, or other deterioration of the Soldier's physical condition occurred immediately prior to, or coincident with, processing for separation or retirement for reasons other than physical disability which rendered the Soldier unfit for further duty. The FSM's records show he was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2010 | 20100011661
The applicant requests correction of his records to show entitlement to combat status, missing in action (MIA) status, prisoner of war (POW) status, military retirement, and award of the appropriate medals for his service in Vietnam. In one he indicates that he had service in the Marine Corps while on another application he lists his service as being only in the Army. _______ _ X _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of...
ARMY | BCMR | CY2010 | 20100011665
If the member meets the qualifications and requirements for Federal recognition, the Chief, NGB extends permanent Federal recognition to the member in the grade and branch in which the member is qualified. The evidence of record shows the applicant was granted temporary Federal recognition effective 14 May 2008 upon his initial appointment in the OKARNG and execution of the NGB Form 337. Furthermore, had the applicant's Federal recognition date been correct, he would have been promoted to...
ARMY | BCMR | CY2010 | 20100011667
However, the copy (copy 2) he requested and received from military personnel doesn't show he was awarded the Purple Heart. Copies 2 and 5 of the applicant's DD Form 214 contained in his MPRJ do not show the award of the Purple Heart in item 24. In view of the above, there is insufficient evidence to add the Purple Heart to the applicant's DD Form 214 with an effective date of 7 November 1967.
ARMY | BCMR | CY2010 | 20100011668
The applicant requests correction of item 10 of his DA Form 199 (Physical Evaluation Board (PEB) Proceedings), dated 15 February 1972, to show he was placed on disability because of an injury received in the line of duty as a direct result of armed conflict. On 1 February 1970 and 7 July 1970, medical evaluation boards found him medically unfit due to injuries resulting from multiple fragment wounds sustained on 15 March 1969 while in the RVN during enemy mortar attacks. The DA Form 199,...
ARMY | BCMR | CY2010 | 20100011672
Application for correction of military records (with supporting documents provided, if any). There is no evidence of record showing he was treated for such wounds or injuries and he has not provided any substantiating evidence to support his claim. _______ _ 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 | 20100011675
IN THE CASE OF: BOARD DATE: 2 November 2010 DOCKET NUMBER: AR20100011675 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). When separation for unsuitability was warranted an HD or a GD was issued as determined by the separation authority based upon the individuals entire record.
ARMY | BCMR | CY2010 | 20100011676
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. His record also shows he was charged with the commission of offenses punishable under the UCMJ with a punitive discharge and he voluntarily requested discharge under the provisions of Army Regulation 635-200, chapter 10, to avoid a trial by court-martial which may have resulted in a felony conviction. ___________x________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...
ARMY | BCMR | CY2010 | 20100011677
The applicant's service personnel records show the first and middle names "E____ S____." With regard to the applicant's request to amend item 16 of the DD Form 214 to show she was a high school graduate, the Board determined the evidence presented is sufficient to warrant a recommendation for relief. ABCMR Record of Proceedings (cont) AR20100011677 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100011677 2 ARMY BOARD FOR...
ARMY | BCMR | CY2010 | 20100011678
Application for correction of military records (with supporting documents provided, if any). The DA Form 2-1 (Personnel Qualification Record) prepared upon his entry on active duty also lists the last name he now claims is incorrect in item 1 (Name) and the applicant signed the form using the name he now claims is incorrect in item 34 (Signature). The applicant's request that his record and DD Form 214 should be changed to reflect the name recorded in the birth certificate has been...
ARMY | BCMR | CY2010 | 20100011680
On 1 October 1976, he was notified by his commander that discharge action was being initiated against him under Army Regulation 635-200 (Personnel Separations) for failure to meet acceptable standards for continued military service. A general discharge is a separation from the Army under honorable conditions of an individual whose military record was not sufficiently meritorious to warrant an honorable discharge. The applicant's DD Form 214 correctly show his character of service was under...
ARMY | BCMR | CY2010 | 20100011684
The applicant requests that item 6 (Reserve Obligation Termination Date) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) effective 1 February 2007 be corrected. 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. The applicant requests that his Reserve Military...
ARMY | BCMR | CY2010 | 20100011685
There is insufficient evidence to substantiate the applicant's contention that his DD Form 214 should be corrected to show he is authorized the Army of Occupation Medal with Japan Clasp and a silver service star to be affixed to his already awarded-Korean Service Medal. 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 a wound received as a result of enemy action on 24 September 1950...
ARMY | BCMR | CY2010 | 20100011686
The commander recommended the applicant be discharged with a general discharge. On 15 December 1997, the separation authority approved the applicants discharge under the provisions of Army Regulation 635-200, chapter 14-12c for commission of a serious offense and directed that the applicant receive a General Discharge Certificate. The DD Form 214 also shows her character of service was general, under honorable conditions; the separation authority was Army Regulation 635-200, paragraph...
ARMY | BCMR | CY2010 | 20100011692
However, it does include a properly-constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued to the him on 8 May 1978 showing he was discharged under the provisions of paragraph 14-33b(1), Army Regulation 635-200, and his service was characterized as UOTHC. 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. _______ _ _X______...
ARMY | BCMR | CY2010 | 20100011693
The applicant states his misconduct was not associated with military service. On 1 June 1994, the company commander notified the applicant that separation action was being initiated against him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 14, paragraph 14-5, for conviction by a civil court. The applicant voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization...
ARMY | BCMR | CY2010 | 20100011694
The applicant requests an upgrade of his under other than honorable conditions discharge. The applicant's DD Form 214 shows he was discharged on 6 September 1979 in accordance with Army Regulation 635-200, chapter 10, for the good of the service with service characterized as under other than honorable conditions. Chapter 10 of the version in effect at the time provided that a member who committed an offense or offenses for which the authorized punishment included a punitive discharge could...
ARMY | BCMR | CY2010 | 20100011695
The applicant requests, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer and Discharge) be changed to show he was separated on 11 February 1967. Notwithstanding the entry in item 29 of the applicants DA Form 20, there is no convincing evidence that the applicant served in Germany through 11 February 1967 and was therefore discharged that same day. This information is consistent with his orders, unit clearance papers, and the 11 months and 28 days of...
ARMY | BCMR | CY2010 | 20100011697
On an unspecified date, the company commander notified the applicant of his intent to recommend that he be discharged under the provisions of chapter 13, Army Regulation 635-200 (Personnel Separations Enlisted Personnel) by reason of unsatisfactory performance. There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. The applicant's record of indiscipline which includes two...
ARMY | BCMR | CY2010 | 20100011698
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 Purple Heart and the Combat Infantryman Badge. There is also 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. There is no evidence in the available records and the applicant has not provided...
ARMY | BCMR | CY2010 | 20100011702
Application for correction of military records (with supporting documents provided, if any). The applicant requests his records be corrected to reflect his date of birth (DOB) as 11 October 1948 and to reflect his period of service in the Republic of Vietnam (RVN) as 5 January 1970 through 8 January 1971. 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.
ARMY | BCMR | CY2010 | 20100011704
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The individual stated the applicant was an active member of his squad and was present and participated in several firefights with the enemy. Given the regulatory burden of proof required to establish entitlement to the CIB and lacking any independent evidence or evidence of record that confirms the applicant actually participated in active ground combat, the overall merits of the case are insufficient as a basis for award of the Combat...
ARMY | BCMR | CY2010 | 20100011709
The applicant's military service record shows he enlisted in the Regular Army on 4 November 1964, for a period of 3 years. The applicant served in Vietnam during a period of service which was outside the designated period of eligibility for award of the Meritorious Unit Commendation. 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) for the period 4 November 1964...
ARMY | BCMR | CY2010 | 20100011712
The applicant completed Phase II of the CVSP on 7 July 2000 and the results indicated he passed the required tests, clearing him for continued service. The applicant alleged that these tests provide the Soldier with information that could prevent heart attacks and heart disease, which is the leading cause of death for men in the United States. The applicant's cardiovascular problems, and resultant heart attack, is a disease process.
ARMY | BCMR | CY2010 | 20100011714
The applicant's military service records do not contain any orders awarding him the CIB. This document shows that the 1st Battalion, 8th Calvary Regiment, to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 59, dated 1969. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24...
ARMY | BCMR | CY2010 | 20100011726
On 29 January 1946, the applicant was assigned as the executive officer of the 1940th Engineer Aviation Utilities Company. The applicant contends he should be promoted to the rank of captain because he was assigned as a company commander and a battalion commander in the 870th Engineer Aviation Battalion in 1945 and 1946. _______ _ _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...
ARMY | BCMR | CY2010 | 20100011729
The applicant requests correction of his records to include his award of the Purple Heart. In this case, the applicant was awarded the Vietnam Service Medal. 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 injuries received on 16 June 1967, b. deleting the Vietnam Service Medal from his DD Form 214, and c. adding the following to his DD Form 214: * Purple Heart * Vietnam Service...
ARMY | BCMR | CY2010 | 20100011731
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal. There are no general orders that show the applicant was awarded the Army Commendation Medal. The certificate provided by the applicant is not sufficient evidence by itself upon which to base a correction of his records.
ARMY | BCMR | CY2010 | 20100011734
In effect, she requests correction of her records to show, at the time she retired, she elected not to participate in the SBP. Although she and her spouse failed to make the election before her retirement, it appears the RSO counselor also failed to inform her or her spouse that the SBP election was required to be signed and dated before the effective date of her retirement. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2010 | 20100011744
The applicant requests that his discharge under other than honorable conditions be upgraded. On 3 June 1986, the separation authority approved the applicant's request for discharge and directed the issuance of an Under Other Than Honorable Conditions Discharge Certificate. The DD Form 214 (Certificate or Release or Discharge from Active Duty) issued to the applicant at the time of his discharge shows he was discharged under the provisions of Army Regulation 635-200, chapter 10, with an...
ARMY | BCMR | CY2010 | 20100011750
The applicant states he had 14 months or more of good time in the military. On 21 December 1971, the separation authority approved the applicant's request for discharge and directed that he be furnished an undesirable discharge. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2010 | 20100011758
IN THE CASE OF: BOARD DATE: 2 November 2010 DOCKET NUMBER: AR20100011758 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. The applicant's records contain a discharge review packet from the Army Discharge Review Board (ADRB).
ARMY | BCMR | CY2010 | 20100011759
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank as sergeant first class (SFC)/ E-7. The evidence shows the Maryland Army National Guard issued promotion orders promoting the applicant to SFC/E-7 effective 27 January 2010 per regulatory and statutory guidance, prior to release from active duty on 28 January 2010. As a result, the Board recommends that the State Army National Guard records and all Department of the...
ARMY | BCMR | CY2010 | 20100011765
The applicant states his discharge was inequitable because it was based on one isolated incident and did not consider his entire record when making a determination of his service characterization. He had attained the rank of staff sergeant and did not have a pattern of misconduct that would have warranted such a characterization of service. On 14 November 2008, the applicants commander recommended separation from the service under the provisions of Army Regulation 635-200, Chapter 14, for...
ARMY | BCMR | CY2010 | 20100011769
Department of the Army General Orders Number 48, dated 1971, awarded the 5th Special Forces Group the RVN Civil Actions Honor Medal First Class Unit Citation for the period January 1968 to 24 September 1970. He is entitled to correction of his records to show this unit award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 the Bronze Star Medal with V Device, Bronze Star...
ARMY | BCMR | CY2010 | 20100011770
On 3 February 2009, the applicant's unit commander initiated action to separate her under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17, for other designated physical or mental conditions. Commanders may approve separation under this paragraph on the basis of other physical or mental conditions not amounting to disability under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation)...
ARMY | BCMR | CY2010 | 20100011774
The cause of the accident had not been determined and substantial evidence did not exist to demonstrate that either intentional misconduct or willful negligence was the proximate cause of the accident. On 17 April 1985, he appealed the determination and entered the following arguments: * He was traveling between 25-30 miles per hour because he knew there was a stop sign ahead * He swerved to the right to avoid hitting a deer * There was no evidence in the police report of excessive speed,...
ARMY | BCMR | CY2010 | 20100011775
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and his DA Form 2-1 (Personnel Qualification Record) to show he served in Southwest Asia, an imminent danger pay (IDP) area, from 17 December 1990 to 17 April 1991. Chapter 5 (Personnel Qualification Record), Table 5-2 (Instructions for recording entries on the DA Form 2-1), shows an entry will be made in item 27, as follows: a. Therefore, it would be appropriate at this...
ARMY | BCMR | CY2010 | 20100011776
The applicant states: * The National Guard sent him an NGB Form 22 but it should have been a DD Form 214 * While in the Rhode Island Army National Guard (RIARNG), he was ordered to active duty during the period March 1967 to February 1969 and assigned to the 107th Signal Company * He was transferred back to the 103rd Artillery, RIARNG and received a discharge from that unit * Since he was activated for 2 years he should have received a DD Form 214 * He wants his military records corrected to...
ARMY | BCMR | CY2010 | 20100011777
Records available to the Board indicate the applicant was inducted into the Army of the United States on 16 May 1969. The applicant's records contain no evidence he was ever awarded the Combat Infantryman Badge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Combat Infantryman Badge; b. awarding him the Army Good Conduct Medal (1st Award) for the period 16 May 1969 to 14 May 1971; c. deleting the...
ARMY | BCMR | CY2010 | 20100011779
On 19 October 1982, the Army Discharge Review Board (ADRB) denied the applicant's request to upgrade his discharge. However, since his discharge has been upgraded to a general discharge, he is now eligible for the NDSM and it would be appropriate to add this service medal to his DD Form 214. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.
ARMY | BCMR | CY2010 | 20100011780
There is no indication in the available records that the applicant applied to the Army Discharge Review Board for a discharge upgrade within its 15-year statute of limitations. Army Regulation 635-200 (Personnel Separations), 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 Board for Correction of...
ARMY | BCMR | CY2010 | 20100011781
Having had prior service in the U.S. Air Force, the applicant's records show he enlisted in the USAR in the rank/grade of sergeant first class (SFC)/E-7 for a period of 1 year on 5 May 2007. The evidence of record shows on 26 June 2007 he reenlisted in the USAR for a $15,000.00 reenlistment bonus and he served in the USAR for 1 year and 4 months as an SFC in MOS 25S. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....