ARMY | BCMR | CY2010 | 20100014455
c. Item 38 (Record of Assignments) shows he served in duty MOS 94A (Cook Helper) or 94B throughout his military service; it does not show any entries for service in an infantry duty MOS. His records do not contain orders awarding him the Combat Infantryman Badge. Notwithstanding his and his former platoon sergeants' sincerity, in the absence of official documentary evidence such as operation orders, morning reports, after action reports, official orders to corroborate the events that...
ARMY | BCMR | CY2010 | 20100014457
While the record does not contain a copy of the orders awarding the applicant the Purple Heart, the Bronze Star Medal citation clearly shows he sustained a combat wound on 8 May 1970. Therefore, it is appropriate to award the applicant the first award of the Army Good Conduct Medal for his period of service from 20 August 1969 through 11 March 1971 and to correct his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2010 | 20100014458
The applicant requests correction of his reentry eligibility (RE) code from an RE-3 to an RE-1 so he can reenter military service. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged under the provisions of paragraph 14-12c of Army Regulation 635-200 with a character of service as under honorable conditions (general). The "JKD" SPD code is the correct code for Soldiers separating under paragraph 14-12c of Army Regulation 635-200 by reason of...
ARMY | BCMR | CY2010 | 20100014463
There is no evidence of record which shows the applicant elected to transfer Post 9/11 GI Bill benefits to his dependents prior to his retirement on 31 October 2009. 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...
ARMY | BCMR | CY2010 | 20100014464
The applicant requests correction of his records to show award of the Southwest Asia Service Medal (SWASM). The applicant provides a copy of his DD Form 214 for the period 19870709-19910425 showing service in Southwest Asia and award of: * Army Service Ribbon * National Defense Service Medal * Army Achievement Medal (1 Oak Leaf Cluster) * Overseas Service Ribbon (2) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar CONSIDERATION OF EVIDENCE: 1. As a result, the Board...
ARMY | BCMR | CY2010 | 20100014465
Application for correction of military records (with supporting documents provided, if any). DISCUSSION AND CONCLUSIONS: The evidence of record shows the applicant held an infantry MOS and served in an infantry MOS while assigned to an infantry company in Vietnam; however, there are no orders for the Combat Infantryman Badge available. Regrettably, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.
ARMY | BCMR | CY2010 | 20100014467
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, correction to item 12a (Date Entered AD [Active Duty] This Period) and item 12c (Net Active Service This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 July 1994. Prior to September 1979, a separate DD Form 214 was issued for each period of reenlistment.
ARMY | BCMR | CY2010 | 20100014469
Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Therefore, his DD Form 214 should be corrected by adding in item 22c 11 months and 23 days and amending item 30 to show the entry "28 December 1966 to 20 December 1967 service in the RVN." As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2010 | 20100014472
His TSGLI claim was denied due to lack of medical documentation despite submitting his inpatient, outpatient, physical therapy, and occupational therapy medical records as well as two supporting letters, one of which was from his orthopedic surgeon who performed the surgery and the other from his girlfriend who provided the assistance. The TSGLI program was established by Congress to provide relief to Soldiers and their families after suffering a traumatic injury. Neither the available...
ARMY | BCMR | CY2010 | 20100014474
Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) contains no entry, his name is not shown on the Vietnam casualty roster, and there are no general orders in his records that show he was awarded the Purple Heart. His available medical records show: a. In this case, the applicant's name is not shown on the Vietnam casualty roster, his DA Form 20 does not document any combat wounds, his record is void of any orders that show he was awarded the Purple Heart, and...
ARMY | BCMR | CY2010 | 20100014475
The applicants military records are not available to the Board for review. On 6 January 2010, the ABCMR sent him a letter stating a review of his records showed a DD Form 215 was issued on 29 August 2006 which awarded him the Korean Service Medal with two bronze service stars. ____________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 | 20100014477
Army Regulation 40-501 (Standards of Medical Fitness), paragraph 3-3b(1), provides that for an individual to be found unfit by reason of physical disability, he must be unable to perform the duties of his office, grade, rank, or rating. Consequently, due to the two concepts involved, the applicant's medical condition, 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...
ARMY | BCMR | CY2010 | 20100014478
Application for correction of military records (with supporting documents provided, if any). 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 AR20090014079 on 23 February 2010. Notwithstanding the applicant's sincerity, in the absence of additional documentation that conclusively shows he received a second wound or injury as a result...
ARMY | BCMR | CY2010 | 20100014481
She also requests that her DD Form 214 be corrected to show her service in Iraq, Iraq Campaign Medal, the Army Commendation Medal for service in Iraq, and her in-service classes. On 28 August 2008, the applicant was separated under the provisions of Army Regulation 635-200, paragraph 14-12c for misconduct due to the use of illegal drugs. As a result, the Board recommends denial of so much of the application that pertains to changing the discharge and the reentry code and showing the Army...
ARMY | BCMR | CY2010 | 20100014482
The applicant states her retired pay is based on her retirement in pay grade O-3, but it should be based on the pay grade of O-3E as she served 8 years as an enlisted member. The applicant provides: * DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 29 December 1969 * DA Form 3286-1, -2, and -3 (Statements of Enlistment), all dated 29 December 1969 * DD Form 373 (Consent, Declaration of Parent or Legal Guardian), dated 29 October 1969 * Two DA Forms 1695 (Oath of...
ARMY | BCMR | CY2010 | 20100014484
IN THE CASE OF: BOARD DATE: 18 November 2010 DOCKET NUMBER: AR20100014484 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. He was convicted by a general court-martial that sentenced him to a 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 | 20100014490
He remained absent until on or about 2 March 1970 when he returned to military control at Fort Hood, TX. On 20 November 1973, the applicant consulted with counsel and he voluntarily requested discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, for the good of the service - in lieu of trial by court-martial. For his first period of AWOL, he was given NJP and a light punishment.
ARMY | BCMR | CY2010 | 20100014491
The applicant's military records show he enlisted in the Regular Army on 23 June 1972 and was awarded the military occupational specialty of cook. On 12 October 1973, the applicant was given a psychiatric evaluation which states the applicant had severe character and behavior disorder, but met medical retention criteria. At the time of that diagnosis, he was determined to be medically qualified for retention.
ARMY | BCMR | CY2010 | 20100014492
The applicant requests payment of retroactive stop loss special pay (RSLSP) from 24 March 2004 to 3 April 2005. The applicant provides a copy of: * his RSLSP reconsideration request, dated 30 March 2010 * two denial emails, dated 8 April 2010 and 28 April 2010 * his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 3 April 2005 * his DA Form 4836-E (Oath of Extension of Enlistment or Reenlistment), dated 7 January 2004 * his DD Form 4...
ARMY | BCMR | CY2010 | 20100014493
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 for wounds received during active duty in the Republic of Vietnam. The applicant states he was wounded on 13 February 1967 through no fault of his own while on active duty in the Republic of Vietnam. The available evidence clearly shows that the applicant was not wounded as a result of hostile enemy action.
ARMY | BCMR | CY2010 | 20100014494
The applicant requests that the records of his deceased brother, a former service member (FSM), be corrected by upgrading his discharge under other than honorable conditions to an honorable discharge. The applicant states the FSM served honorably and his discharge should reflect his service. However, his records do contain a duly-authenticated DD Form 214 which shows he was discharged under other than honorable conditions on 21 November 1983 under the provisions of Army Regulation 635-200,...
ARMY | BCMR | CY2010 | 20100014496
The applicant's military service record shows that he enlisted in the Regular Army on 2 July 1965 for a period of 3 years. Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying 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 Army Good Conduct Medal...
ARMY | BCMR | CY2010 | 20100014498
There is no evidence in the applicant's record and he has not provided any evidence which confirms he was awarded the CIB. Therefore, there is insufficient evidence on which to base correction of his DD Form 214 to show award of the CIB. _______ _ _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 | 20100014499
The applicant states, in effect: * He was never awarded MOS 76P2O (stock control and accounting specialist) and he only served in MOS 11B * He never went to advanced individual training (AIT) * His duty MOS was 11B in Vietnam and Germany * He reenlisted as an 11D (armor reconnaissance specialist), but he never got the MOS * The Combat Infantryman Badge was supposed to be on his discharge document * He would have stayed in the service and retired but the Army wouldn't give him MOS 11D, so he...
ARMY | BCMR | CY2010 | 20100014501
There are no orders for the Purple Heart in the applicants service personnel records. There is no evidence of record which shows the applicant was wounded or injured as a result of hostile action in Vietnam. Regrettably, there is insufficient evidence in which to base award of the Purple Heart in this case.
ARMY | BCMR | CY2010 | 20100014502
The applicant requests, in effect, correction of her records to show she was found medically unfit and separated from the U.S. Army due to physical disability. The applicant and her counsel contend that her records should be corrected to show she was found medically unfit and separated from the U.S. Army due to physical disability. The available evidence does not support the applicant's contention that she had medical conditions that kept her from performing her assigned duties up through...
ARMY | BCMR | CY2010 | 20100014503
The applicant requests his DD Form 214 (Certificate or Release from Active Duty) be corrected to show his foreign service in the Republic of Korea. The applicant provides the following documentary evidence in support of his application: a. DD Form 214 with a separation date of 13 December 1979; b. an Equipment Operator's Qualification Record, dated 27 July 1979; c. excerpts from his Personnel Qualification Record (PQR); and d. a letter from the National Personnel Records Center, dated 26...
ARMY | BCMR | CY2010 | 20100014504
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the reason for his discharge was due to physical disability. There is no available evidence showing he incurred any medical conditions while entitled to basic pay which were so severe as to render him medically unfit for retention on active duty. The Army must find that a service member is physically unfit to reasonably perform his or her duties and assign an...
ARMY | BCMR | CY2010 | 20100014505
On 29 April 1992, her immediate commander initiated separation action against her in accordance with paragraph 14-12b of Army Regulation 635-200 for misconduct a pattern of misconduct. The applicant was discharged accordingly on 19 May 1992. With respect to the narrative reason for separation, authority, and associated codes, her service records show she was discharged under the provisions of paragraph 14-12b of Army Regulation 635-200 due to her pattern of misconduct.
ARMY | BCMR | CY2010 | 20100014507
The applicants military records are not available to the Board for review. He has provided evidence to show he was wounded a second time on 15 October 1952. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 27 of his DD Form 214 the Purple Heart; b. awarding him the Purple Heart for wounds received in action on 15 October 1952; c. adding to item 27 of his DD Form 214 the Purple Heart (1st oak leaf...
ARMY | BCMR | CY2010 | 20100014508
His enlistment documents list his date of birth as 7 May 1943 and the date was verified by a birth certificate. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. __________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 | 20100014511
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 provided copies of a citation and certificate showing award of the Bronze Star Medal on 28 August 1969 for meritorious service in Vietnam from September 1968 to July 1969. ___________X_____________ CHAIRPERSON I certify that...
ARMY | BCMR | CY2010 | 20100014512
When he retired on 30 April 2002, he elected SBP coverage for spouse only. There is no indication he informed the Defense Finance and Accounting Service (DFAS) of his divorce or that his former spouse made a deemed election to change SBP coverage from "spouse" to "former spouse" within 1 year of the date of their divorce. Title 10, U.S. Code, section 1450(f)(3)(A) permits a former spouse to make a written request that an SBP election of former spouse coverage be deemed to have been made...
ARMY | BCMR | CY2010 | 20100014517
On 13 March 1987, the applicant consulted with legal counsel and was advised of the basis for the contemplated trial by court-martial, the maximum permissible punishment authorized under the Uniform Code of Military Justice (UCMJ), the possible effects of an under other than honorable conditions discharge, and of the procedures and rights that were available to him. On 12 May 1987, the applicant was discharged accordingly. _______ _ _X______ ___ CHAIRPERSON I certify that herein is...
ARMY | BCMR | CY2010 | 20100014520
IN THE CASE OF: BOARD DATE: 30 November 2010 DOCKET NUMBER: AR20100014520 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states: * He was trained as an Operations and Intelligence Specialist which he performed with the 2nd Brigade, 4th Infantry Division * He transferred to "K75 Infantry" * The Army Board for Correction of Military Records (ABCMR) Proceedings state he was awarded the Bronze Star Medal for military operations against an armed hostile force;, however, the...
ARMY | BCMR | CY2010 | 20100014527
Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The applicant's records show he was convicted by two special courts-martial. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
ARMY | BCMR | CY2010 | 20100014530
It provides for the imposing commander to determine whether to file a record of NJP in the performance or restricted section of a Soldier's OMPF. c. Army Regulation 27-10 also provides the commander imposing NJP with clear guidance as to whether a DA Form 2627 should be filed on the performance section or the restricted section of the OMPF. This paragraph also provides that documents in the restricted section of the OMPF are those that must be permanently kept to maintain an unbroken,...
ARMY | BCMR | CY2010 | 20100014545
On or about 13 December 1993, the applicant's commander informed him she was initiating action to separate him for a pattern of misconduct under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 14-12b. The evidence of record does not support the applicant's request for an upgrade of his discharge to an HD. __________X______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board...
ARMY | BCMR | CY2010 | 20100014547
Application for correction of military records (with supporting documents provided, if any). The applicant was discharged on 16 April 1973 with an undesirable discharge for unfitness under the provisions of chapter 13, Army Regulation 635-200. When separation for unsuitability was warranted, an honorable or general discharge was issued as determined by the separation authority based upon the individuals entire record.
ARMY | BCMR | CY2010 | 20100014558
The applicant requests that his under other than honorable conditions discharge be upgraded to an honorable or general discharge. In the applicant's personal statement that was submitted with his request for discharge, the applicant states that his wife's request for divorce forced him to decide between her and the Army. On 11 February 1987, the separation authority approved the applicant's request for discharge and directed that he be issued an under other than honorable conditions discharge.
ARMY | BCMR | CY2010 | 20100014573
The applicant requests, in effect, the reason for his discharge be changed and his general, under honorable conditions discharge be upgraded to an honorable discharge. The evidence of record shows he voluntarily consented to his discharge under the Expeditious Discharge Program. His general discharge was based on the fact that he was separated under the provisions of paragraph 5-31 of Army Regulation 635-200 by reason of his inability to adjust to military life.
ARMY | BCMR | CY2010 | 20100014579
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * service in Iraq * decorations and awards, including the Southwest Asia Service Medal 2. The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/ Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2010 | 20100014580
A second DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant entered this period of active duty on 27 December 1978 and he was discharged on 18 October 1983 in accordance with Army Regulation 635-200, chapter 10, for the good of the service in lieu of court-martial with service characterized as under other than honorable conditions. d. The applicant was AWOL on 17 April 1981 and remained in an AWOL status through 22 August 1983. e. Upon his request, the...
ARMY | BCMR | CY2010 | 20100014581
The applicant requests the entry in item 2 (Department, Component and Branch) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 19 August 2003 be corrected to show her component as U.S. Army Reserve (USAR). Her records show she enlisted in the USAR on 17 October 2002 and reported for her initial active duty for training on 5 February 2003. As a result, the Board recommends that all Department of the Army records of the individual concerned...
ARMY | BCMR | CY2010 | 20100014582
The applicant requests upgrade of his general discharge to an honorable discharge. Accordingly, he was discharged on 23 December 1988 with a general discharge. 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.
ARMY | BCMR | CY2010 | 20100014583
The applicant requests her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her: * period of service in Kuwait * award of the Armed Forces Expeditionary Medal (AFEM) * award of the Army Good Conduct Medal (AGCM) (2nd award) * award of the Army Commendation Medal (ARCOM) * correct time in service (TIS) 2. There is no evidence nor did the applicant submit any evidence that shows she served in Kuwait in direct support of Operation Desert Spring during a...
ARMY | BCMR | CY2010 | 20100014594
Accordingly, he was discharged on 28 April 2006 under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 3, by reason of court-martial with a bad conduct discharge. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to...
ARMY | BCMR | CY2010 | 20100014595
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 AR20090013218, on 21 January 2010. This memorandum states that on 10 August 2009 the applicant provided the VA with a "Transmittal of Award" letter, dated 4 August 1966 indicating that he had been awarded a Combat Infantryman Badge. The Board previously considered the applicant's...
ARMY | BCMR | CY2010 | 20100014599
The applicant provides: * P.O. The applicant received two sets of orders awarding him his second AGCM. The evidence of record shows he was erroneously issued two sets of orders awarding a second award of the AGCM and both orders are filed on his OMPF/iPERMS.
ARMY | BCMR | CY2010 | 20100014602
He was found medically qualified for separation consideration under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel). 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 and directed issuance of an under other than honorable discharge. _______ _ __X_____ ___ CHAIRPERSON I certify that herein is recorded the true and...