ARMY | BCMR | CY2010 | 20100011982
Army Regulation 600-8-22 (Military Awards) provides that the Combat Infantryman Badge is awarded to infantry Soldiers. c. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service. 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....
ARMY | BCMR | CY2010 | 20100011990
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's DA Form 20 does not show he was wounded in item 40 (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...
ARMY | BCMR | CY2010 | 20100011993
IN THE CASE OF: BOARD DATE: 28 October 2010 DOCKET NUMBER: AR20100011993 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. An 11 April 1969 Medical Evaluation Board (MEB) states the FSM was found to be unfit for duty due to the residuals of his 14 February 1968 wounds incurred as result of hostile action. __________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 | 20100011999
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows he was awarded one Purple Heart, the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal, and the Combat Infantryman Badge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the: *...
ARMY | BCMR | CY2010 | 20100012000
Headquarters, U.S. Army Armor Center, Fort Knox, KY, General Court-Martial Order Number 5, dated 2 February 2007, shows that after completion of all required post-trial and appellate reviews, the convening authority ordered the bad conduct discharge duly executed. The DD Form 214 he was issued shows he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 3, as a result of court-martial. This form further shows his character of service as bad...
ARMY | BCMR | CY2010 | 20100012001
The applicant requests correction of Block 9 (Date of Birth) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the year of his date of birth (DOB) as 1945 instead of 1947. Although the applicants amended birth certificate and passport show his DOB as 7 April 1945, various documents in his service personnel record indicate his DOB as 7 April 1947. The applicant is advised that a copy of this decisional document along with his application and the...
ARMY | BCMR | CY2010 | 20100012002
Application for correction of military records (with supporting documents provided, if any). The applicant requests a DA Form 4430 (Department of the Army Report of Result of Trial) be corrected to show Article 112a instead of Article 125(a). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 3 of the DA Form 4430 to show Article 112a in the ART/UCMJ section.
ARMY | BCMR | CY2010 | 20100012005
He states, in effect, that: * the city on his DD Form 214 in item 7b HOR is misspelled * although he was awarded three ARCOMs, his DD Form 214 only shows two * he chose to leave the Army reluctantly, yet voluntarily under the SSB due to medical and personal hardship reasons * although his separation orders mentioned his SSB pay was subject to recoupment if he became eligible for retired pay, there was no mention of repayment of Department of Veterans Affairs (VA) benefits * the VA has rated...
ARMY | BCMR | CY2010 | 20100012010
The applicant states: * he has a traumatic brain injury (TBI) and post traumatic stress disorder (PTSD) * he is currently receiving a 70 percent service-connected disability rating from the Department of Veterans Affairs (VA) for TBI and PTSD * he was injured during combat when he has in Afghanistan * he suffered a head injury from a vehicle borne improvised explosive device (VBIED) * the Army failed to refer him to a Medical Evaluation Board for disposition of his permanent injury 3. ...
ARMY | BCMR | CY2010 | 20100012011
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 September 1985 to show he entered active duty on 29 June 1961. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. Item 12a shows the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued; b.
ARMY | BCMR | CY2010 | 20100012014
The term imposing commander refers to the commander or other officer who actually imposes the NJP. Paragraph 3-7d of Army Regulation 27-10 states that any commander having authority under Article 15, UCMJ, may limit or withhold the exercise of such authority by subordinate commanders. Therefore, absent any clear and convincing new evidence of a clear injustice, there is an insufficient evidentiary basis to support a set aside of the NJP action in question.
ARMY | BCMR | CY2010 | 20100012015
The applicant states his DD Form 214 does not show his foreign service or the awards he earned even though his military records clearly show he served in Vietnam and that he is authorized awards for this service. The applicant provides a DA Form 20 (Enlisted Qualification Record) and two DD Forms 214 in support of this application. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 ending on 19...
ARMY | BCMR | CY2010 | 20100012023
The applicant states he should have been awarded the Purple Heart when he was wounded in Vietnam in May 1971. 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. In the absence of corroborating evidence on his DA Form 20, Vietnam Casualty List, ADCARS, or his military records, there is...
ARMY | BCMR | CY2010 | 20100012027
On 20 April 1984, the commanding general approved the request for discharge and directed that the applicant be discharged from the service with the grade of Private E-1 and issued a discharge certificate under other than honorable conditions. On 9 May 1984, the applicant was discharged. The applicant's contention that his discharge should be upgraded to a general discharge because when the packet did not arrive at its destination and he was the last one to sign the chain of custody, he had...
ARMY | BCMR | CY2010 | 20100012029
IN THE CASE OF: BOARD DATE: 8 September 2010 DOCKET NUMBER: AR20100012029 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 | 20100012032
Application for correction of military records (with supporting documents provided, if any). The applicant's military records show he enlisted in the Regular Army, in pay grade E-1, on 17 September 1976, for 4 years, with a moral waiver. There is no evidence the applicant applied to the Army Discharge Review Board for an upgrade of his general discharge within its 15-year statute of limitations.
ARMY | BCMR | CY2010 | 20100012033
On 15 October 1982, the applicant was considered by an informal PEB which determined that he was physically unfit due to AS, moderate, EPTS, service aggravated, treated, improved. The formal PEB found there was no evidence of specific or chronic service aggravation. Given the formal PEB's findings that the applicant's AS was EPTS, along with the genetic aspects of the condition, it would appear the formal PEB properly determined the applicant's condition was EPTS and, therefore, he was...
ARMY | BCMR | CY2010 | 20100012035
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, correction of his reentry eligibility (RE) code to a code that will allow him to enlist. The applicant contends that his RE code should be changed to a code that will allow him to reenter the military.
ARMY | BCMR | CY2010 | 20100012037
There is no evidence in his records of any court-martial convictions, adverse actions, or statements that would justify his disqualification for the first award of the Army Good Conduct Medal. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2010 | 20100012041
Application for correction of military records (with supporting documents provided, if any). The applicant requests the following corrections: * An upgrade of his bad conduct discharge to a fully honorable discharge * Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * Item 12a (Date Entered AD (Active Duty) This Period) from 25 June 1979 to ?? The applicant contends his discharge should be upgraded; his dates of entry and separation on the DD...
ARMY | BCMR | CY2010 | 20100012044
The applicants military records show that he was inducted in the Army of the United States on 8 December 1967 for a period of 2 years. The applicant was awarded an infantry MOS and was serving in an infantry unit for less than 6 months. Without evidence that the applicant served in active ground combat, there is insufficient evidence in which to grant his request.
ARMY | BCMR | CY2010 | 20100012046
Item number 34 (Wounds Received In Action) on his WD AGO Form 53 shows "None." Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. _______ _ _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 | 20100012047
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 applicant voluntarily requested discharge for the good of the service in lieu of court-martial under the provisions of Army Regulation 635-200 (Personnel Separations -...
ARMY | BCMR | CY2010 | 20100012049
The applicant requests his discharge be upgraded to a general, under honorable conditions discharge. The separation authority approved the applicant's request for discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of court-martial on 29 August 1980 and directed issuance of an under other than honorable conditions discharge. It further directed issuance of a new DD Form 214 to correct his discharge from under other than honorable...
ARMY | BCMR | CY2010 | 20100012051
Application for correction of military records (with supporting documents provided, if any). However, there is no evidence that the applicant's unit participated in or directly supported military operations in Vietnam. As such, there is insufficient evidence in which to award him the Vietnam Service Medal.
ARMY | BCMR | CY2010 | 20100012052
Accordingly, he was discharged under honorable conditions on 1 December 1986 under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 14-12b, for misconduct pattern of misconduct. There is no evidence in the available records to show the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. While the applicant is to be commended for his efforts to provide a better life for...
ARMY | BCMR | CY2010 | 20100012054
The applicant states, in effect, that he completed his last year of high school in Germany and his DD Form 214 should reflect 12 years instead of 11 years. 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. At the time of his enlistment his records indicated he had completed 3 years of high...
ARMY | BCMR | CY2010 | 20100012055
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. The applicant has failed to show through the evidence submitted with his application and the evidence of record that his date of entry and date of discharge reflected on his DD Form 214 is incorrect. Therefore, in the absence of such...
ARMY | BCMR | CY2010 | 20100012057
The applicant requests correction of item 12a (Dated Entered Active Duty This Period) and item 12c (Net Active Service This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 19 August 1996. The applicant provides copies of his DD Form 214 for the period ending 19 August 1996; U.S. Army Reserve (USAR) discharge orders, dated 12 February 1990; DD Form 4 (Enlistment/Reenlistment Document), dated 4 January 1990; and a DA Form 1695 (Oath of...
ARMY | BCMR | CY2010 | 20100012059
The applicant requests, in effect, correction of his first name in item 1 (Last Name, First Name, Middle Name) on his DD Form 214 (Report of Transfer or Discharge) and that the first and fifth digits in item 3 (Social Security Number (SSN)) be corrected. The entries on the applicant's 1966 induction record and his service personnel records which show his first name is Stephen are accepted as sufficient evidence on which to amend item 1 on his DD Form 214. As a result, the Board recommends...
ARMY | BCMR | CY2010 | 20100012060
The applicant's request for correction of his records to show award of the Purple Heart was carefully considered. 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. deleting from item 13 of his DD Form 214 for the period ending 30 April 1987 the two Army Commendation Medals and the Vietnam Service Medal; and b. adding to item 13 of his DD Form 214 for the period...
ARMY | BCMR | CY2010 | 20100012064
The separation authority could issue an honorable discharge (HD) or GD if warranted by the member's overall record of service. However, the evidence of record confirms the applicant was appropriately convicted by a GCM for the AWOL offense he committed that was reviewed through several appellate processes. ABCMR Record of Proceedings (cont) AR20100012064 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100012064 2 ARMY BOARD FOR...
ARMY | BCMR | CY2010 | 20100012065
However, his records show that on 8 March 1972, after consulting with counsel, he submitted a request for 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. However, the evidence of record shows he wanted to get out of the Army. ___________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army...
ARMY | BCMR | CY2010 | 20100012071
The evidence of record shows he completed a period of qualifying service for award of the Republic of Vietnam Campaign Medal with Device (1960). Therefore, it would also be appropriate to correct his records to show the Republic of Vietnam Campaign Medal with Device (1960) on his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Good Conduct Medal (First Award) for the period 5...
ARMY | BCMR | CY2010 | 20100012074
The applicant contends that that his under other than honorable conditions discharge should be upgraded to honorable because he was hospitalized at the time his unit showed him to be AWOL. The medical evidence provided by the applicant is insufficient to show he was improperly reported as AWOL at the time of his accident and subsequent admission to the hospital. ____________x_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the...
ARMY | BCMR | CY2010 | 20100012075
He states the Article 32 hearing in this case was a formal investigation into the previous informal Army Regulation 15-6 investigations. This memorandum states: * the applicant's pattern of misconduct is very serious and adversely impacts the Recruiting and Retention Command's ability to accomplish its mission * his subsequent retention will hurt the military discipline, good order, and morale of the MIARNG full-time support force * this packet is comprised of three Army Regulation 15-6...
ARMY | BCMR | CY2010 | 20100012076
The applicant requests an upgrade of his under other than honorable conditions discharge to a general or honorable discharge. The separation authority approved the applicant's request for discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial on 7 November 1983 and directed the issuance of an under other than honorable conditions discharge. ___________X______________ CHAIRPERSON I certify that herein is recorded...
ARMY | BCMR | CY2010 | 20100012080
However, the available records do contain a duly-constituted DD Form 214 which shows that the applicant was discharged under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial on 14 February 1977. There is no evidence in the available records to show that he ever applied to the Army Discharge Review Board 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...
ARMY | BCMR | CY2010 | 20100012086
Application for correction of military records (with supporting documents provided, if any). The applicant requests that the Army Commendation Medal (ARCOM) be deleted from her DD Form 214 (Certificate of Release or Discharge from Active Duty). The applicant states that her DD Form 214 incorrectly reflects she was awarded the ARCOM; however, she never received such an award and she desires that it be removed.
ARMY | BCMR | CY2010 | 20100012087
Application for correction of military records (with supporting documents provided, if any). The applicant requests award of the Purple Heart for being injured in combat in Vietnam. He was not awarded the Purple Heart for being injured in combat in Vietnam.
ARMY | BCMR | CY2010 | 20100012089
IN THE CASE OF: BOARD DATE: 30 November 2010 DOCKET NUMBER: AR20100012089 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. His next available enrollment would have been at age 60; however, he did not live to be 60 years old and now there are no RCSBP/SBP or retirement benefits for her. In a letter, dated 19 March 2010, the applicant states soon after the FSM's death she discovered she would not be entitled to survivor benefits or retirement benefits because the FSM failed to enroll in the RCSBP.
ARMY | BCMR | CY2010 | 20100012090
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-104 (Military Personnel Information Management/ Records) states that DA Forms 2442 will be filed in the OMPF. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by filing the DA Form 2442 documenting his service in Team Spirit 86 in his OMPF.
ARMY | BCMR | CY2010 | 20100012091
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. A medical proceeding conducted by an Entrance Physical Standards Board, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within 6 months of the Soldier's initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at the time of enlistment, and that the...
ARMY | BCMR | CY2010 | 20100012093
The applicant states he was discharged in 2001 for having flat feet. He has arches in his feet but he is otherwise in an excellent physical condition. Army Regulation 635-200 states 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.
ARMY | BCMR | CY2010 | 20100012094
The applicant requests that he be given an honorable discharge by reason of physical disability. On 19 February 2008, the applicant was separated with a general discharge under the provisions of paragraph 14-12c, Army Regulation 635-200 for misconduct (serious offense). The applicant requests an honorable discharge by reason of physical disability.
ARMY | BCMR | CY2010 | 20100012095
The applicant requests correction of item 19b (Nearest Relative) of his final DD Form 214 (Certificate of Release or Discharge from Active Duty) to show Connie M. Wilson instead of Charlene L. Wilson. The applicant's military records show after previously completing both active and inactive service he reenlisted in the Regular Army on 17 July 1988. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...
ARMY | BCMR | CY2010 | 20100012096
The applicant states that he lost his right arm and left leg on a fire base in Vietnam in 1969 and was retired with 100% disability; however, he was never awarded the Purple Heart. That regulation also provides that the Republic of Vietnam Campaign Medal (RVNCM) with Device (1960) is awarded for service in Vietnam for a period of less than 6 months when an individual has been wounded by hostile forces, captured, or killed in the line of duty. As a result, the Board recommends that all...
ARMY | BCMR | CY2010 | 20100012098
The applicant requests to be reinstated in the U.S. Army Reserve (USAR) to attend the Officer Basic Course (OBC). The advisory official stated, "The applicant's request for relief is based solely on the finding from a board of officers that recommended that he not be involuntarily separated from the U.S. Army Reserve, dated March 3, 2008. In November 2006, he was non-selected for promotion to CPT.
ARMY | BCMR | CY2010 | 20100012099
The applicant requests, in effect, correction of his records to show he elected "children only" instead of "spouse and children" Survivor Benefit Plan (SBP) coverage at the time of his retirement in 1994 and reimbursement of all and any premium overpayment. The applicant provides a copy of: * his DD Form 214 (Certificate of Release or Discharge From Active Duty) * two divorce decrees * his DA Form 4240 (Data for Payment of Retired Army Personnel) * his Marriage Certificate * a DFAS decision...
ARMY | BCMR | CY2010 | 20100012103
The applicant requests upgrade of his under other than honorable conditions discharge to a general discharge. On 14 June 1979, the applicant received NJP for failure to go at the prescribed time his appointed place of duty. The applicant completed a total of 2 years, 6 months, and 25 days of creditable active military service.