ARMY | BCMR | CY2011 | 20110021472
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was deployed overseas in Iraq from 26 April 2003 through 25 April 2004. Therefore, there is an insufficient basis for which to show on his DD Form 214 that he served in Iraq from 26 April 2003 to 25 April 2004.
ARMY | BCMR | CY2011 | 20110021476
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) by issuance of a DD Form 215 (Correction to DD Form 214) showing he was awarded several commemorative medals, the Armed Forces Expeditionary Medal (AFEM), Armed Forces Service Medal (AFSM), and a medal for NATO service. He states he was discharged with only his DD Form 214.
ARMY | BCMR | CY2011 | 20110021478
Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. There are basically three requirements for award of the Combat Infantryman Badge. Regretfully, in the absence of conclusive evidence that the applicant held an infantry MOS and actively participated in combat while assigned to an infantry...
ARMY | BCMR | CY2011 | 20110021479
However, at the time the applicant was discharged an undesirable discharge was considered appropriate 8. The undesirable discharge he received was normal and appropriate under the regulatory guidance in effect at the time and his overall record of undistinguished service was not sufficiently meritorious to support the separation authority issuing a GD at the time of discharge nor does it support an upgrade now. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true...
ARMY | BCMR | CY2011 | 20110021480
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. The appropriate authority (a major general) approved his request for discharge on 28 January 1985 and directed his discharge under other than honorable conditions. A...
ARMY | BCMR | CY2011 | 20110021482
He would have been eligible to transfer the benefits before he retired. He would have been eligible to transfer the benefits to his spouse or child before he retired, if he completed the request before leaving military service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant filed his application and the Army approved his request to transfer Post-9/11 GI Bill benefits to his family members prior to...
ARMY | BCMR | CY2011 | 20110021484
IN THE CASE OF: BOARD DATE: 3 May 2012 DOCKET NUMBER: AR20110021484 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. There is no evidence the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. Therefore, the applicant's record of service is insufficiently meritorious to warrant an honorable or a general discharge.
ARMY | BCMR | CY2011 | 20110021485
d. Mr. HEH states he served with the applicant in Vietnam and they were both exposed to heavy shelling, rocket attacks, and small arms fire from the enemy. His request for correction of his records to show award of the Purple Heart and BSM with "V" device was carefully considered; however, it is not supported by the available evidence of record. The applicants claim that he sustained fragment wounds to his back during a rocket attack is not supported by the available evidence.
ARMY | BCMR | CY2011 | 20110021486
The applicant provides: * his State of Indiana Certificate of Birth * DD Form 398 (Statement of Personal History) * DD Form 214 * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) * VA Certificate of Eligibility for Loan Guaranty Benefits * a letter from the VA, dated 20 September 2011 CONSIDERATION OF EVIDENCE: 1. Item 15 (DOB) of his DD Form 4 (Enlistment Record Armed Forces of the United States) shows his DOB as 11 December 1946. The evidence of record...
ARMY | BCMR | CY2011 | 20110021490
The evidence of record shows the applicant was inducted into the Army of the United States using the SSN indicated on his DD Form 47. _______ _ _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. ABCMR Record of Proceedings (cont) AR20110021490 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110021490 2 ARMY...
ARMY | BCMR | CY2011 | 20110021492
His DD Form 214 shows he was discharged on 4 October 1971 under the provisions of Army Regulation 635-212 (Personnel Separations Discharge Unfitness and Unsuitability) for unfitness due to an established pattern for shirking with an Undesirable Discharge Certificate. Army Regulation 635-200, paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions. Therefore, there is no basis for granting the applicant's request for an upgrade of his...
ARMY | BCMR | CY2011 | 20110021493
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his records to show award of the Purple Heart. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.
ARMY | BCMR | CY2011 | 20110021494
On 17 May 1994, the applicant was so discharged. Although an honorable or general discharge is authorized, a discharge UOTHC is normally considered appropriate. Based on his record of misconduct, the applicant's service clearly did not meet the standards of acceptable conduct and performance of duty for Army personnel.
ARMY | BCMR | CY2011 | 20110021496
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart for wounds received in the Republic of Korea (ROK). A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart for wounds received in the ROK.
ARMY | BCMR | CY2011 | 20110021498
The applicant's DA Form 20 (Enlisted Qualification Record) shows: a. a date of birth of 4 May 1948; b. service in Vietnam with Headquarters and Headquarters Company, 1st Battalion, 2nd Infantry Regiment, 1st Infantry Division from 2 September 1968 through 15 October 1969; c. conduct and efficiency rating of exclusively excellent; d. promotion to specialist five (E-5); e. service during one campaign period; and f. award of the National Defense Service Medal, Vietnam Service Medal, Combat...
ARMY | BCMR | CY2011 | 20110021499
The applicant requests, in effect, correction of his records to show he elected transfer of his educational benefits to his dependents under the Post-9/11 GI Bill transferability program. He had more than 20 years of service upon his retirement but he was not eligible to transfer benefits to his dependents because the law requires Soldiers to be in the service on or after 1 August 2009. d. A Soldier may only transfer benefits to eligible dependents. If the applicant had been in the service...
ARMY | BCMR | CY2011 | 20110021503
The applicant requests that his award of the Meritorious Service Medal (MSM) 3d Oak Leaf cluster (3OLC) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) and that he be awarded the Korea Defense Service Medal (KDSM). The award of the MSM provided by the applicant is not contained in his official records and shows that he was awarded the MSM (3OLC) for meritorious service from 28 February 1984 to 1 March 1994 and was awarded on 30 December 1993 in Permanent...
ARMY | BCMR | CY2011 | 20110021504
On 27 August 1973, the applicants commander submitted a recommendation to discharge the applicant from the service under the provisions of Army Regulation 635-206, due to conviction by civil authorities. On 24 May 1977, he applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge and he contended at that time that he thought it unfair that he was discharged while in confinement and he believed that he should not have been judged as being AWOL for the period he was...
ARMY | BCMR | CY2011 | 20110021506
Application for correction of military records (with supporting documents provided, if any). Additionally, the applicant has failed to show through the evidence of record and evidence submitted with his application that he was in fact recommended for or awarded the BSM. 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.
ARMY | BCMR | CY2011 | 20110021507
The evidence of record confirms the applicant served in the Philippines for 49 months and participated in the Philippine Islands (Defense) campaign of WWII. The evidence further shows that based on his service and campaign participation in the PTO in the Philippine Islands, the FSM is also eligible for the Philippine Liberation Ribbon, Philippine Independence Ribbon, and 1 bronze service star to be affixed to the already-awarded Asiatic-Pacific Campaign Medal. As a result, the Board...
ARMY | BCMR | CY2011 | 20110021508
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. There are no orders in his Official Military Personnel File that show he was awarded the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the...
ARMY | BCMR | CY2011 | 20110021510
His reconstructed record shows he was held as a prisoner of war (POW) from 19 December 1944 to on or about 8 January 1945. There is no evidence in the reconstructed records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II. In the absence of evidence that shows he was wounded/injured as a result of enemy action or while a POW, and treated for those wounds, there is insufficient evidence upon which to base award of the...
ARMY | BCMR | CY2011 | 20110021512
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct social security number (SSN). He was identified with this TIN throughout his service and it was recorded on his DD Form 214 when he separated. Therefore, to clarify any questions or confusion in regard to the difference in the TIN recorded in his military record and his SSN it would be appropriate to add an entry in item 30 (Remarks) of his DD Form...
ARMY | BCMR | CY2011 | 20110021514
The evidence of record shows the applicant sustained a wound to his head on 30 November 1950 as a result of hostile action while in Korea. Therefore, he is entitled to award of the PH and correction of his DD Form 214 to show it. 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 wounds received in action on 30 November 1950 in Korea; b. awarding him the Good Conduct Medal (First Award)...
ARMY | BCMR | CY2011 | 20110021515
IN THE CASE OF: BOARD DATE: 24 May 2012 DOCKET NUMBER: AR20110021515 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests her military records be corrected by canceling her Survivor Benefit Plan (SBP) election for spouse and children coverage. DFAS records show: * they never received an SBP election from the applicant * her current SBP election is automatic with full spouse and children coverage, the default election when a valid election is not received * she has a full...
ARMY | BCMR | CY2011 | 20110021529
On 14 October 2007, he was notified of his pending separation action under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 14-12c, for misconduct (commission of a serious offense). On 9 January 2008, his defense counsel submitted a statement on his behalf and stated: * The applicant should be retained or receive an honorable discharge based on 5 years of service and three combat tours in Iraq * He should get an opportunity to use the Army Substance Abuse...
ARMY | BCMR | CY2011 | 20110021530
On 1 February 1996, the unit commander notified the applicant he was initiating action to separate him under the provisions of Army Regulation 635-200, chapter 11. There is no evidence indicating the applicant applied to the Army Discharge Review Board for a change to his discharge within that board's 15-year statute of limitations. The evidence of record confirms the applicant's separation action was initiated while he was in an entry-level status prior to completing 180 days of...
ARMY | BCMR | CY2011 | 20110021531
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect both of his deployments and his correct amount of foreign service. The applicant states that his DD Form 214 only reflects one of his deployments and only 1 year of foreign service. The applicant served 1 year, 11 months, and 26 days of foreign service during his two deployments.
ARMY | BCMR | CY2011 | 20110021533
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the: * spelling of his middle name as "Matthew" * the last four digits of his social security number (SSN) as "0795" * his date of birth as 29 Nxxxxxxx xxxx 2. The applicant's military record shows he served in the Army 3 years with the spelling of his middle name and the last four digits of the SSN that are listed on his DD Form 214. There is no evidence that shows he...
ARMY | BCMR | CY2011 | 20110021536
Item 5 (DOB) of the DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows his DOB as 22 June 1944. The evidence of record shows he used 22 June 1944 and 22 January 1944 as his DOB throughout his entire period of service, and he authenticated many documents by placing his full signature in the appropriate block attesting to the correctness of these dates of birth. Therefore, in the absence of convincing independent and verifiable evidence to the contrary, it...
ARMY | BCMR | CY2011 | 20110021537
The applicant requests correction of his records to show he is authorized award of the National Defense Service Medal. In accordance with the applicable regulation, he is authorized the National Defense Service Medal based on his service from 7 March 1961 through 6 March 1964. 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 show the following awards: * National Defense Service Medal * Expert...
ARMY | BCMR | CY2011 | 20110021538
The applicant states he entered the Army in West Virginia but his address then was in Texas. However, by regulation, the HOR entered on the DD Form 4 will be the address declared by the applicant to be his/her permanent home or actual home at the time of enlistment/reenlistment. The evidence of record contains enlistment documents completed and authenticated by the applicant at the time of his initial enlistment in 1971 and reenlistment in 1973.
ARMY | BCMR | CY2011 | 20110021540
The applicant requests correction of his records to show award of the Global War on Terrorism Civilian Service Medal and that his DD Form 214 (Certificate of Release or Discharge from Active Duty) show the Armed Forces Expeditionary Medal (AFEM). His military records show he enlisted in the Regular Army on 9 September 1981. DISCUSSION AND CONCLUSIONS: Based on available evidence it appears he was awarded the Southwest Asia Service Medal for his service in Kuwait during the period 22 August...
ARMY | BCMR | CY2011 | 20110021544
The applicant requests, in effect, his general discharge be changed to a medical discharge. A general under honorable conditions or an honorable discharge was considered appropriate. In view of the change, the general discharge issued to the applicant at the time of separation is inconsistent with the standards for discharge for unsuitability, character and behavior disorder (now known as personality disorder) which subsequently became effective.
ARMY | BCMR | CY2011 | 20110021548
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 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. There is no evidence of record showing the applicant was advised that if he resigned his commission he would receive an honorable discharge.
ARMY | BCMR | CY2011 | 20110021569
The applicant requests reconsideration of his previous request for correction of his record to show he was separated for medical reasons and transferred to the Retired Reserve. The version in effect at the time stated separation would be accomplished when it had been determined that an enlisted Soldier was no longer qualified for retention by reason of medical unfitness unless the Soldier requested and was granted a waiver under Army Regulation 40-501 or was eligible for transfer to the...
ARMY | BCMR | CY2011 | 20110021574
On 1 May 1974, the Army Discharge Review Board denied the applicant's request for an upgrade of his discharge and determined his discharge was both proper and equitable. This regulation prescribed that an individual discharged for unfitness would be furnished an undesirable discharge, except when an honorable or a general discharge was warranted by the particular circumstances. There is no evidence of record to show his discharge was upgraded in 2000.
ARMY | BCMR | CY2011 | 20110021576
On 24 August 2010, the applicant completed a DD Form 2656 (Data for Payment of Retired Personnel) electing to participate in the SBP for spouse coverage based on the threshold amount in effect on the date of retirement. The applicant signed the DD Form 2656 under Section XI (Certification) which specifically states in part, "Also, I have been counseled that I can terminate SBP participation, with my spouse's written concurrence, within 1 year after the second anniversary of commencement of...
ARMY | BCMR | CY2011 | 20110021577
The reason given was that the records review did not indicate he had completed the required civilian and/or military education by the day before the date the board convened. e. The opinion further indicated the applicant may be eligible for a promotion reconsideration board because he provided evidence indicating he was educationally qualified at the time he was considered by the FY 2010 Captain APL promotion board. He was also not selected for promotion to captain by this board.
ARMY | BCMR | CY2011 | 20110021582
IN THE CASE OF: BOARD DATE: 24 May 2012 DOCKET NUMBER: AR20110021582 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests her military records be corrected by canceling her Survivor Benefit Plan (SBP) election for spouse coverage. _______ _ __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 | CY2011 | 20110021583
On 18 January 1982, the applicant was discharged in absentia under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 3, as a result of court-martial. During his period of service, he was AWOL on 12 June 1977 for a period of 1 day; in military confinement from 21 April to 19 August 1980 for a period of 3 months and 29 days; and again AWOL from 3 December 1980 to his date of discharge on 18 January 1982 for a period of 1 year, 1 month, and 15...
ARMY | BCMR | CY2011 | 20110021584
The military judge also recommended the applicant be administratively eliminated from the service. On 10 July 1973, the discharge authority approved the recommendation for discharge under Army Regulation 635-200, paragraph 13-5b(2) (Character and Behavior Disorders). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing that the applicant was separated from the service on 17 July 1973 with an Honorable Discharge...
ARMY | BCMR | CY2011 | 20110021585
IN THE CASE OF: BOARD DATE: 19 April 2012 DOCKET NUMBER: AR20110021585 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The FSM'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 awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge; and adding the medal to Item 33 of his WD AGO Form 53-55.
ARMY | BCMR | CY2011 | 20110021586
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. DISCUSSION AND CONCLUSIONS: The promotion orders provided by the applicant which show he was promoted to SGT/E-5 effective 4 August 1971 are accepted as sufficient evidence on which to amend items 5a, 5b, and 6 of his DD Form 214. ...
ARMY | BCMR | CY2011 | 20110021587
The applicant requests an upgrade of his under other than honorable conditions discharge. Accordingly, the applicant was discharged on 3 February 1970. There is no evidence that the applicant's repeated misconduct, beginning with his disregard of authority in Vietnam and ending with the court-martial charges, was a result of his Vietnam service.
ARMY | BCMR | CY2011 | 20110021589
Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.
ARMY | BCMR | CY2011 | 20110021596
The DD Form 214 he was issued at the time shows he was discharged under the provisions of Army Regulation 635-200, paragraph 13-5b(2) with a general discharge. Army Regulation 635-200 stated when separation for unsuitability was warranted, an honorable or general discharge was issued as appropriate by the member's military record. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. voiding his current DD Form 214 with a...
ARMY | BCMR | CY2011 | 20110021597
The applicant requests awards of the Purple Heart, Army Good Conduct Medal, and the Presidential Unit Citation, and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show these awards. Army Regulation 672-5-1 (Military 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...
ARMY | BCMR | CY2011 | 20110021599
On 13 June 1975, the separation authority approved the applicants discharge under the provisions of chapter 13 of Army Regulation 635-200 and ordered the issuance of an Undesirable Discharge Certificate. His DD Form 214 (Report of Separation from Active Duty) shows he was discharged under the provisions of chapter 13 of Army Regulation 635-200 with an Under Other Than Honorable Conditions Discharge Certificate. He was also between 19 and 21 years of age at the time of his misconduct.
ARMY | BCMR | CY2011 | 20110021601
He was discharged under honorable conditions (a general discharge) on 30 March 2000 under the provisions of Army Regulation 635-200, paragraph 14-12b, for misconduct (pattern of misconduct). Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel from active duty. The letters submitted on behalf of the applicant fail to show his discharge was unjust and should be upgraded.