ARMY | BCMR | CY2010 | 20100012332
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 qualified period of active duty enlisted service. Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his records to show it. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2010 | 20100012335
This statement contains the following pertinent information pertaining to the applicant: * Applicant's name, Social Security Number, and date of birth * Branch of Service: Army * Dates of Active Duty: 21 August 2001 to 3 April 2003 * Character of Service: Under Other than Honorable Conditions * Reenlistment Eligibility Code: 4 * Reason for Discharge (Narrative): Misconduct * Reserve Service: None 5. The third character of the SPD code is determined based upon the specific form of misconduct...
ARMY | BCMR | CY2010 | 20100012336
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank/grade as sergeant (SGT)/E-5 and his date of induction as 25 April 1965. This form indicates in Item 11 (Enlisted, Inducted, Reenlisted, Extended, and/or Ordered to Active Duty) he was inducted into the Army of the United States on 18 September 1968 for 2 years. The applicant's available records do not contain any documentary evidence showing he was...
ARMY | BCMR | CY2010 | 20100012337
The applicant provided no evidence to show his discharge violated his Eighth Amendment rights. The notes in the applicant's service medical records state that in order for him to get a correction to an incorrectly recorded date of an accident, he needed to obtain a hospital report from the civilian hospital. ___________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 | 20100012339
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 applicant's failure to timely file. Therefore, administrative correction of the applicant's records will be accomplished by the Army Review Boards Agency Case Management Division as outlined by the Board in...
ARMY | BCMR | CY2010 | 20100012345
Application for correction of military records (with supporting documents provided, if any). 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 states that he served in pay grades E-8 and E-9 positions but he is not sure whether or not he is eligible for advancement on the...
ARMY | BCMR | CY2010 | 20100012351
This pamphlet shows the 2d Battalion, 14th Infantry, was cited for award of the RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 5, dated 1973, and award of the RVN Civil Actions Honor Medal First Class Unit Citation by DAGO Number 51, dated 1971, during the period the applicant was assigned. The evidence of record shows the applicant received "excellent" conduct and efficiency ratings and he had no adverse actions or commander's...
ARMY | BCMR | CY2010 | 20100012358
The applicant requests correction of his records to show he was awarded the Purple Heart. Item 17 (Foreign Service) of his DA Form 66 (Officer Qualification Record) shows he served a tour of duty in the Republic of Vietnam from 21 June 1970 through 15 May 1971. Absent evidence which conclusively shows the applicant sustained wounds or injuries as a result of hostile action or as a result of "friendly fire" in the "heat of battle," that he was treated by medical personnel for those wounds...
ARMY | BCMR | CY2010 | 20100012359
The appropriate authority approved the recommendation for discharge and directed that the applicant be issued a general discharge under honorable conditions. There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. The applicant contends that his general, under honorable conditions discharge should be upgraded to honorable because he has not had any civil or municipal infractions since...
ARMY | BCMR | CY2010 | 20100012360
Application for correction of military records (with supporting documents provided, if any). The applicant requests award of the Combat Infantryman Badge (CIB). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing him a correction to his DD Form 214 adding: * CIB * Vietnam Service Medal with four bronze service stars * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Marksman Marksmanship...
ARMY | BCMR | CY2010 | 20100012363
He would like to have his promotion to SSG/E-6. His retirement orders listed his rank/grade as a SGT/E-5. Nevertheless, by law and regulation, Soldiers on a promotion list at the time of retirement for disability will be retired for disability at the promotion list grade.
ARMY | BCMR | CY2010 | 20100012367
He also states that he believes that had the bill been properly staff and publicized, members could have made a more informed decision in planning retirement in order to ensure eligibility for the benefit. However, according to the applicable law and regulation he is not eligible to transfer benefits under the Post 9-11 GI Bill Transferability Program. The applicant has provided no evidence to support his contention that he was improperly advised regarding his eligibility for the Post 9-11...
ARMY | BCMR | CY2010 | 20100012370
A DD Form 1966 (Record of Military Processing - Armed Forces of the United States) was completed by the applicant as part of his enlistment processing, prior to him entering military service. The applicant's DD Form 214 shows he entered active duty on 12 January 1982 and he was discharged under honorable conditions on 17 February 1983 for concealment of arrest record. Individuals discharged under this paragraph would be given an honorable discharge or a general discharge.
ARMY | BCMR | CY2010 | 20100012371
When separation for unsuitability is warranted, an honorable or general discharge is issued as determined by the separation authority based upon the individual's entire record. Army Regulation 635-200 states that Soldiers separated for unsuitability would receive a general or honorable discharge based on their entire service record. A review of the applicant's record of service shows the applicant did not meet the standards of acceptable conduct and performance of duty for Army personnel.
ARMY | BCMR | CY2010 | 20100012379
Application for correction of military records (with supporting documents provided, if any). The applicant contends item 22 of his 18 March 1968 DD Form 214 should be corrected to show his complete active duty military and foreign service. The evidence of record contains no evidence and the applicant failed to provide any evidence to show he completed 3 years total active duty service.
ARMY | BCMR | CY2010 | 20100012381
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 11 March 1975 and directed issuance of an under other than honorable conditions discharge. There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharges within its 15-year statute of limitations. He also accepted five Article 15s under the UCMJ for three...
ARMY | BCMR | CY2010 | 20100012382
The applicant's military records are not available to the Board for review. 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 Purple Heart for wounds received in action as a result of enemy action on 14 February 1945 during World War II; b. adding to his separation document the Purple Heart, World War II Victory Medal and four bronze service stars to be worn on his European-African-Middle...
ARMY | BCMR | CY2010 | 20100012384
The applicant requests his initial and subsequent officer pay grades be changed based upon his prior enlisted service. The evidence of record shows the applicant served in a Reserve Component as an enlisted Soldier for about 15 years prior to accepting a commission. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing that when he was appointed a second lieutenant on 16 December 2003 the appropriate officials were...
ARMY | BCMR | CY2010 | 20100012385
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. Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel. Although he contends he is not the same man he was 18 years ago, considering the nature of his offenses and his...
ARMY | BCMR | CY2010 | 20100012386
He goes on to state that his records are missing an Army psychological evaluation done prior to his separation that documented his pre-existing depression and post-traumatic stress disorder (PTSD) in his childhood history and, therefore, constituted a pre-existing disability that was exacerbated by the trauma of his service in Berlin. He recommended administrative separation under the provisions of Army Regulation 635-212 (Personnel Separations Discharge Unfitness and Unsuitability) due...
ARMY | BCMR | CY2010 | 20100012387
BOARD DATE: 4 November 2010 DOCKET NUMBER: AR20100012387 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Army Regulation 635-5 further states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18 (Remarks). Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal (ICM) is awarded...
ARMY | BCMR | CY2010 | 20100012388
The applicant requests correction of his DD Form 214 (Certificate of Release for Discharge from Active Duty) to show his correct date of discharge. A DA Form 3947 (Medical Board Proceedings) shows an MEB found the applicant medically unfit for further military service based on the diagnosis of blepharitis, chronic, severe (chronic, severe inflammation of the eyelids) and recommended his separation under the provisions of Army Regulation 635-40, chapter 5. The evidence of record does not...
ARMY | BCMR | CY2010 | 20100012389
The FSM was notified that he was being recommended for discharge under the provisions of Army Regulation 635-200, chapter 14-12c(2), for misconduct. Accordingly, on 6 October 1989, the FSM was discharged under the provisions Army Regulation 635-200, chapter 14-12c(2), for drug abuse. The narrative reason for discharge on the FSM's DD Form 214 is shown as "Misconduct Drug Abuse."
ARMY | BCMR | CY2010 | 20100012392
IN THE CASE OF: BOARD DATE: 28 October 2010 DOCKET NUMBER: AR20100012392 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of item 12a (Date Entered Active Duty This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 June 1998 to show 7 May 1974 instead of 31 August 1977. The evidence of record shows the applicant continuously served on active duty from 20 June 1974 until his retirement date; however,...
ARMY | BCMR | CY2010 | 20100012393
Consequently, due to the two concepts involved, an individual's medical condition, although not considered physically unfitting for military service at the time of processing for separation, discharge, or retirement, may be sufficient to qualify the individual for VA benefits based on an evaluation by that agency. There is no available evidence showing the applicant had any medical condition, incurred while entitled to receive basic pay, which was so severe as to render him medically unfit...
ARMY | BCMR | CY2010 | 20100012394
The applicant also submits a letter dated 29 January 2010 from the KYARNG Director of Administrative Service who states he conducted a review of the applicant's records and following discussions with the SJA and Personnel Directorate (J1), along with the state attorney and former SJA, he believes the applicant was summarily discharged from the KYARNG without appropriate due process. The applicant had 18 years of qualifying service for retired pay purposes at the time of his discharge from...
ARMY | BCMR | CY2010 | 20100012395
There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Combat Infantryman Badge. The applicant contends that his DD Form 214 should be corrected to show award of the Combat Infantryman Badge because he was awarded the badge by his company commander while serving in the RVN during the period January to June 1969. There are no orders that show the applicant was awarded the Combat Infantryman Badge.
ARMY | BCMR | CY2010 | 20100012398
ARMY | BCMR | CY2010 | 20100012402
IN THE CASE OF: BOARD DATE: 27 April 2010 DOCKET NUMBER: AR20100012402 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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 AR20050009098 on 28 March 2006. The applicant's military records show he was inducted into the Army of the United States on 5 April 1966.
ARMY | BCMR | CY2010 | 20100012405
Application for correction of military records (with supporting documents provided, if any). Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service. 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 Vietnam Service Medal; b. awarding him the Purple Heart for wounds...
ARMY | BCMR | CY2010 | 20100012410
IN THE CASE OF: BOARD DATE: 4 November 2010 DOCKET NUMBER: AR20100012410 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. On 14 December 1982, the applicant was awarded the Army Good Conduct (2nd award), for the period 18 August 1979 - 17 August 1982. ___________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 | 20100012412
The applicant provides a 24 October 2006 Psychiatric Narrative Summary, a 31 October 2006 MEB Proceedings, a 6 November 2003 Physical Profile, a 6 November 2006 Physical Condition Duty Evaluation, a 5 December 2006 Physical Evaluation Board (PEB) Proceedings, a Social Security Administration disability award letter, 10 civilian police reports or court orders, three Department of Veterans Affairs (VA) rating decision documents, and an Oklahoma Department of Public Safety suspension order. ...
ARMY | BCMR | CY2010 | 20100012413
Application for correction of military records (with supporting documents provided, if any). His records contain the following orders: * 2d Infantry Division General Orders Number 68 dated 2 April 1970 awarded him the Army Commendation Medal for meritorious service for the period from 4 October 1968 to 21 March 1970 * Military Assistance Command, Vietnam General Orders Number 1929 dated 19 July 1972 awarded him the Army Commendation Medal with 1st Oak Leaf Cluster for meritorious service...
ARMY | BCMR | CY2010 | 20100012414
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. DFAS noted that, even though the applicant's child was no longer eligible to receive the benefit when he became eligible to receive retired pay in 2009, the RCSBP premium is a required deduction from his retired pay for the coverage provided prior to him becoming eligible to receive retired pay. Public Law...
ARMY | BCMR | CY2010 | 20100012416
The applicant also submits a copy of an ARCAM award memorandum, dated 7 October 1995, showing his award of the ARCAM (4th Award) for the period 1 August 1992 to 31 July 1995. He was awarded the OSR for that period of service. The evidence shows that on 7 October 1995 he was issued a memorandum awarding him the ARCAM (4th Award) for the period 1 August 1992 to 31 July 1995.
ARMY | BCMR | CY2010 | 20100012417
The PEB found the applicant to be physically unfit and recommended a combined physical disability rating of 10 percent (%) and advised him that because his disability was less than 30% and he had less than 20 years of service, Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) required his separation from service with severance pay. The individual should receive assignments commensurate with his/her physical capability for military duty; and d. A profile...
ARMY | BCMR | CY2010 | 20100012419
The applicant states while he was in Vietnam, he was riding in the back of a dump truck when it hit a land mine. The applicant's military records do not contain any mention of him being wounded or any orders awarding him the Purple Heart. Without evidence to show that the applicant was wounded and he received medical treatment for his wound, he is not entitled to a Purple Heart.
ARMY | BCMR | CY2010 | 20100012422
The applicant requests his under other than honorable conditions discharge be upgraded to honorable and his records be reviewed to determine why he did not receive his enlistment bonus. His DD Form 214 shows he was discharged on 27 July 1976, in pay grade E-1, under other than honorable conditions, under the provisions of Army Regulation 635-200 (Enlisted Separations), chapter 10, for the good of the service in lieu of trial by court-martial. The applicant requests his under other than...
ARMY | BCMR | CY2010 | 20100012447
The applicant states the orders for his Bronze Star Medal and his Air Medal (9th Award) were found in his DA Form 201 (Military Personnel Records Jacket); however, they were never issued to him while he was in the Army. The applicant's records do not contain orders awarding him the Air Medal (9th Award). 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 to add the following awards: * Bronze Star...
ARMY | BCMR | CY2010 | 20100012448
The applicant's military records contain a DD Form 398 (Statement of Personnel History) dated 2 March 1971. The evidence of record shows at the time of the applicant's enlistment and at the time of his release from active duty and discharge from the USAR, all of the documents contained in his OMPF reflect the same SSN as listed on his DD Form 214. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual...
ARMY | BCMR | CY2010 | 20100012449
The applicant requests reconsideration of his previous request for upgrade of his discharge under other than honorable conditions to a general discharge. The applicant's request for reconsideration of his previous request for an upgrade of his discharge under other than honorable conditions to a general discharge along with the new evidence he submitted has been carefully considered. Although the applicant contends that he was discharged without receiving the proper legal advice or without...
ARMY | BCMR | CY2010 | 20100012456
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Purple Heart (First Oak Leaf Cluster). However, a review of the applicant's records does not show that he was wounded twice while he was in the Army and there are no orders contained in his available records awarding him the Purple Heart (First Oak Leaf Cluster). Therefore, the Board determined that the overall merits of this case are...
ARMY | BCMR | CY2010 | 20100012458
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 Purple Heart, the Air Medal, the Bronze Star Medal (BSM) and any other awards not included. He had served 2 years, 8 months and 12 days of total active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Campaign Medal and the Vietnam Service Medal (VSM). A...
ARMY | BCMR | CY2010 | 20100012459
The applicant requests his records be corrected to show his award of the Purple Heart. The applicant's DA Form 20 (Enlisted Qualification Record) provides the following: * promotion to specialist five (E-5) on 31 August 1968; * service in Vietnam from 13 July 1968 - 11 October 1968 and service in Korea from 12 October 1968 - 3 September 1969 * assignment to: * the 187th Aviation Company (Vietnam), 21 July 1968 - 3 September 1968 * the 106th General Hospital, 4 September 1968 - 7 October...
ARMY | BCMR | CY2010 | 20100012462
The applicant, the widow of a deceased former service member (FSM), requests correction of the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States) to show awards he earned during his active duty service from 15 October 1950 to 13 February 1952. The evidence of record shows the FSM was awarded the Korean Service Medal with three bronze service stars. The evidence of record shows the FSM served on active duty in Korea in a qualifying period for award of the...
ARMY | BCMR | CY2010 | 20100012463
The applicant requests that his records be corrected to reflect that he was awarded the Army Commendation Medal (ARCOM) with "V" Device. Army Regulation 600-8-22 (Military Awards) states the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2010 | 20100012466
Application for correction of military records (with supporting documents provided, if any). There is no evidence in the available record and he has not provided any evidence showing he traveled to or was assigned anywhere other than the locations mentioned above. In pertinent part, it stated that: a. the separating Soldier's last duty assignment and the Major Command to which it was subordinate would be entered in item 12 of the DD Form 214. b. the total active duty service OCONUS for the...
ARMY | BCMR | CY2010 | 20100012467
On 23 September 2009, Headquarters, IMCOM, Fort Knox, KY, published Orders 266-0175, ordering his release from active duty, effective 17 October 2009. On 23 March 2010, Headquarters, IMCOM, Fort Knox, KY, published Orders 082-0168, ordering his release from active duty, effective 22 April 2010. The evidence of record shows the applicant entered active duty on 21 April 2008 and he was scheduled to be released from active duty on 17 April 2009.
ARMY | BCMR | CY2010 | 20100012468
This official indicated the following: a. the applicant was fully qualified for promotion to CPT on the October 2008 board; b. the applicants promotion to CPT was not completed until 18 March 2010 due to administrative errors made during the processing of his promotion due to a mismatch in his assignment as a chaplain; c. during the NGBs processing of the applicants Federal recognition on 17 February 2010, it was discovered that the applicant was erroneously assigned to a medical position...
ARMY | BCMR | CY2010 | 20100012469
He provides: * three self-authored letters, dated 21 March 2010, 30 May 2010, and 13 July 2010 * an appeal from the Board of Veterans Appeals, Department of Veterans Affairs (VA), Washington, DC, dated 20 October 2008 * a DD Form 214 (Certificate of Release or Discharge from Active Duty) * a DA Form 2 (Personnel Qualification Record - Part I) * a DD Form 1966/5 (Record of Military Processing - Armed Forces of the United States) CONSIDERATION OF EVIDENCE: 1. On 21 March 2010, he submitted a...