ARMY | BCMR | CY2011 | 20110002748
IN THE CASE OF: BOARD DATE: 18 August 2011 DOCKET NUMBER: AR20110002748 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Therefore, the FSM's records should be corrected to show these unit awards. ` _______ _ _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 | 20110002758
IN THE CASE OF: BOARD DATE: 26 April 2011 DOCKET NUMBER: AR20110002758 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his records to show 3 October 2008 as his Federal recognition date for the rank of second lieutenant (2LT); promotion to the rank of first lieutenant (1LT), effective 3 April 2010; and any back pay and allowances due as a result of these corrections. The applicant provides: * a letter from the Director of Personnel/G1, Oklahoma ARNG...
ARMY | BCMR | CY2011 | 20110002761
The applicant states he was told that for the good of the service he would be given a general discharge under honorable conditions. He indicated in his request for discharge that he understood if his discharge request was approved he could be discharged under other than honorable conditions and furnished an Undesirable Discharge Certificate. The applicant contends he was discharged for the good of the service based on a back injury.
ARMY | BCMR | CY2011 | 20110002763
There is no evidence available in the applicant's military record showing the applicant had an allotment for $130.00. There is no evidence in the applicant's record to show he served in Vietnam. As a result, the Board recommends denial of so much of the application that pertains to the following: * Combat infantryman Badge * Purple Heart * Vietnam Service Medal * Good Conduct Medal * Infantry (Rifle) marksmanship badge * showing an allotment of $130.00 on his DD Form 214 * showing 4 years...
ARMY | BCMR | CY2011 | 20110002764
The applicant's complete military records are not available to the Board for review. Although the applicant's military service records were not available, it is presumed that the Army's processing of his discharge was correct. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was discharged on 16 May 1950 with a fully honorable discharge and issuing him a new DD Form 214 and discharge certificate accordingly.
ARMY | BCMR | CY2011 | 20110002767
He submitted a DD Form 2278, which included the statement "No incentives will be paid without acceptable weight tickets and other required documents" and also he was counseled on his entitlements and responsibilities and contains the following entries in: a. item f (Number of Miles) "325"; b. item 7 (Entitlements): (1) 7b (DITY moved authorized from) Leesville, LA to Fort Hood, TX; and (2) 7c (Installation Transportation Officer/Transportation Management Office (ITO/TMO) provided with...
ARMY | BCMR | CY2011 | 20110002772
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 20 March 1992 to show his overseas service in the Gulf War, award of the Southwest Asia Service Medal with two bronze service stars, both Kuwait Liberation Medals, and overseas service deployment number (taken to mean Overseas Service Ribbon). As such, it would be appropriate to show he served overseas during the period 4 October 1990 to 7 April 1991 by changing...
ARMY | BCMR | CY2011 | 20110002773
The ADRB review shows: a. a CID Report of Investigation (ROI), dated 15 March 2004, indicated the applicant was charged with reckless driving resulting in personal injury, negligent homicide, and reckless driving (all acts occurring on 13 August 2003); b. the specific facts and circumstances leading to his discharge were not in the available records; and c. a DD Form 214 (Certificate of Release or Discharge from Active Duty) was on file that indicated he was discharged on 2 September 2004...
ARMY | BCMR | CY2011 | 20110002777
The Board determined that the evidence presented was sufficient to warrant amendment of the decision of the Army Board for Correction of Military Records set forth in Docket Number AR20100025221, dated 3 December 2010, by replacing paragraph 1a and 1b of the original BOARD DETERMINATION/RECOMMENDATION with the following paragraphs: Paragraph 1a - "retroactively placing the individual concerned on the TDRL for a minimum of six months at no less than 50 percent disability rating for PTSD...
ARMY | BCMR | CY2011 | 20110002779
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. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 7 February 1969 through 25 September 1970. 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.
ARMY | BCMR | CY2011 | 20110002783
The applicant requests his under other than honorable conditions discharge be upgraded to an honorable discharge. On 13 December 1976, the Army Discharge Review Board denied the applicant's request for an upgrade of his discharge. 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 | 20110002785
The applicant requests that he be assigned a bonus control number and that he be paid the prior service enlistment bonus that he contracted for. The applicant states that he enlisted in the Missouri Army National Guard (MOARNG) on 15 March 2010 for a period of 3 years and 23 days and a prior service enlistment bonus of $7,500. While it is understood that there was an established suspense date for requesting a bonus control number from the NGB for persons receiving a prior service...
ARMY | BCMR | CY2011 | 20110002791
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 AR20100008832, on 12 August 2010. There is no evidence in the available records showing he held a rank higher that PFC while on active duty or that he completed any additional training. There is no evidence in the available records, and he provided none, that confirms he completed any...
ARMY | BCMR | CY2011 | 20110002792
IN THE CASE OF: BOARD DATE: 29 September 2011 DOCKET NUMBER: AR20110002792 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states the Board's original decision did not give adequate consideration to all of the facts concerning his case, including that: * he was serving in pay grade E-2 when he got to Germany and was advanced to pay grade E-3 based on completion of a special assignment along the border * he was approached by a Criminal Investigation Division (CID) agent who...
ARMY | BCMR | CY2011 | 20110002796
Statement, dated 24 September 2010, from a former unit member who states he was the operations officer for the 244th Aviation Company at the time. In this case, nothing in his service records shows he was injured as a result of enemy action. In the absence of official documentary evidence such as operation orders, morning reports, after action reports, official orders to corroborate the events that led to his alleged injury, or additional documentation that conclusively shows he was...
ARMY | BCMR | CY2011 | 20110002798
His DD Form 214 shows that on the day of his separation he was a PFC with a date of rank of 15 February 2000. c. Soldiers in the rank of PFC on their initial enlistment of 3 or less years, if otherwise qualified, to include those with approved waivers, and reenlist prior to 26 months total active service are eligible to reenlist for a period not to exceed 6 years and 29 days. Those individuals can best advise a former service member as to the needs of the service at the time and are...
ARMY | BCMR | CY2011 | 20110002801
Concurrent with the applicant's request to extend his MRD, he submitted a request for retired pay benefits. An entry in SMS, dated 24 November 2009, shows officials at the Adjutant General Directorate-West determined since his request for retired pay benefits had been acted on by DFAS, he was no longer eligible for an MRD extension and closed his action without further action. In the original Board consideration, the Record of Proceedings had cited that portion of the law that applied to...
ARMY | BCMR | CY2011 | 20110002802
The applicant requests award of the Combat Infantryman Badge (CIB) and National Defense Service Medal (NDSM) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show these awards. There is no evidence in the available record which shows the applicant was either recommended for or awarded the CIB. There is no evidence showing he was ever awarded or recommended for award of the CIB.
ARMY | BCMR | CY2011 | 20110002805
The applicant requests reconsideration of his earlier request for award of the Purple Heart and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award. Item 24 does not show award of the Purple Heart. There is no documentation in his available service record indicating he was wounded in combat or was previously awarded the Purple Heart.
ARMY | BCMR | CY2011 | 20110002806
Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the three...
ARMY | BCMR | CY2011 | 20110002819
However, at the time of the applicant's separation, the regulation provided for the issuance of an undesirable discharge. Army Regulation 635-200 (Personnel Separations) currently sets forth the basic authority for the separation of enlisted personnel. 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 | 20110002820
It also shows he was promoted to SP4 on 6 December 1968, the highest rank he attained while serving on active duty and he held this rank until he was reduced to PFC for misconduct on 22 August 1969. The evidence of record also confirms the applicant was granted de facto status during the period he erroneously held the rank of SGT from 5 November 1970 to 22 November 1972. Based on the applicant's erroneous promotion to SGT and lacking evidence to corroborate the applicant's claim he did not...
ARMY | BCMR | CY2011 | 20110002822
This pamphlet shows the 2nd Battalion, 8th Infantry, the unit to which the applicant was assigned, was cited for award of the: a. RVN Gallantry Cross with Palm Unit Citation for the period October 1966 through 28 July 1969 by Department of the Army General Order (DAGO) Number 3, dated 1970. b. RVN Gallantry Cross with Palm Unit Citation for the period 29 July 1969 through 17 November 1970, by DAGO Number 52, dated 1971. c. RVN Civil Actions Honor Medal First Class Unit Citation for the...
ARMY | BCMR | CY2011 | 20110002824
On 11 May 2009, the Army Discharge Review Board denied her request for a general discharge. Her record of service includes two NJP's and 27 days of lost time. As a result, her record of service did not meet the standards of acceptable conduct and performance of duty for Army personnel and is insufficiently meritorious to warrant an honorable discharge.
ARMY | BCMR | CY2011 | 20110002826
The applicant requests his under other than honorable conditions (UOTHC) discharge be upgraded to an honorable discharge (HD). The applicant was a noncommissioned officer when he went AWOL for more than 5 months, an offense for which the authorized punishment includes a punitive discharge. The applicant's letters of support are acknowledged; however, his post-service conduct is insufficient as a basis for upgrading his discharge.
ARMY | BCMR | CY2011 | 20110002827
His records show he was awarded the Vietnam Service Medal. The evidence shows he participated in six campaigns during his service in the Republic of Vietnam. 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; and b. adding the following awards to his DD Form 214, Item 24: * the Purple Heart * the Republic of Vietnam Gallantry Cross with Palm Unit Citation * one silver service star and one...
ARMY | BCMR | CY2011 | 20110002832
The applicant's complete military records are not available to the Board for review. The applicant's available record does not show he suffered from or was treated for a combat-related wound or injury during his period of service. Notwithstanding the applicant's sincerity, in the absence of corroborating evidence that conclusively shows he sustained wounds or injuries as a result of hostile action during his period of service, that he was treated by medical personnel for those wounds or...
ARMY | BCMR | CY2011 | 20110002837
Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may, submit a request for discharge for the good of the service in lieu of trial by court-martial. Army Regulation 635-200 provides guidance on the characterization of service and states: a. Paragraph 3-7a states that an HD is a separation with honor and entitles the recipient to benefits provided by law. The...
ARMY | BCMR | CY2011 | 20110002838
Item 38 (Record of Assignments) of the applicant's DA Form 20 shows he was assigned to Company C, 5th SF Group (Airborne), 1st SF, performing duties in MOS 11F as an intelligence specialist during his RVN tour of duty. Therefore, it would be appropriate to award him the first award of the AGCM for his qualifying period of honorable active duty service from 29 March 1966 through 25 November 1968 and to add this award to his record and DD Form 214. As a result, the Board recommends that all...
ARMY | BCMR | CY2011 | 20110002847
The applicant requests that his dishonorable discharge be changed to a medical discharge. On 5 August 1969, the applicant was sent for a psychiatric evaluation prior to his appearance before a general court-martial. On 19 October 1970, the applicant was discharged from the Army with a dishonorable discharge under the provisions of paragraph 11-1a of Army Regulation 635-200 (Personnel Separations), by reason of court-martial.
ARMY | BCMR | CY2011 | 20110002853
The physician noted that he would be released from military service on 2 July 2007. The evidence of record also shows that during his VA Compensation And Pension Examination conducted prior to his discharge from active duty, PTSD was discussed; however, PTSD had not surfaced during his MEB or PEB. The applicant offers the fact that he was awarded a 70-percent disability rating from the VA for PTSD as proof that he should have been diagnosed with PTSD and received an increase in his...
ARMY | BCMR | CY2011 | 20110002854
On 15 May 1963, the applicant was discharged accordingly. Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), currently in effect, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. ABCMR Record of Proceedings (cont) AR20110002854 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110002854 2 ARMY...
ARMY | BCMR | CY2011 | 20110002857
The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. It shows his service was characterized as under other than honorable conditions. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.
ARMY | BCMR | CY2011 | 20110002859
Application for correction of military records (with supporting documents provided, if any). a. Paragraph 4-3 states that an enlisted member may not be referred for physical disability processing when action has been started that may result in an administrative separation with a characterization of service of under other than honorable conditions. It is a fact-finding board that investigates the nature, cause, degree of severity, and probable permanency of the disability of Soldiers whose...
ARMY | BCMR | CY2011 | 20110002860
The applicant contends that his DD Form 214 should be corrected to show he was promoted to LTC/O-5 and retired from active duty in that grade because orders were issued promoting him to LTC while he was on transition leave and prior to his separation date. Records show that USAHRC issued orders promoting the applicant to LTC/O-5 effective 1 December 2009. The evidence of record shows that in order to retire in the rank/grade of LTC/O-5, an officer must satisfactorily serve in the new...
ARMY | BCMR | CY2011 | 20110002871
The applicant requests his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the results of his Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB). It provides, in pertinent part: In paragraph 2-2b, that when a member is being separated by reason other than physical disability, his continued performance of duty creates a presumption of fitness which can be overcome only by clear and convincing evidence that he was unable to perform his...
ARMY | BCMR | CY2011 | 20110002872
The applicant requests his basic allowance for housing (BAH) rate be calculated using the rate in effect at his permanent duty station (PDS) vice that in effect at his primary residence location. He was ordered to active duty from Walkersville, MD, near Fort Detrick, Frederick, MD (a distance of 6.78 miles). During his active duty, he received BAH at the "MD 130" [Fort Detrick] rate based on his permanent residence location, not at the higher "DC 053" [Pentagon] rate.
ARMY | BCMR | CY2011 | 20110002875
This item shows no indication he was ever reduced in grade; c. Item 38 (Record of Assignments) he received all Excellent conduct and efficiency ratings during his military career; d. Item 41 (Awards and Decorations) he was awarded the National Defense Service Medal (NDSM); e. Item 42 (Remarks) no entry showing he was denied award of the AGCM; and f. Item 44 (Time Lost under Section 972, Title 10, United States Code and Subsequent to Normal Date Expiration Term of Service) no lost...
ARMY | BCMR | CY2011 | 20110002876
The applicant requests an upgrade of his discharge under other than honorable conditions to a general discharge and reinstatement of his rank/grade. Consistent with the applicant's entire chain of command's recommendations, the separation authority approved the applicant's request for discharge for the good of the service in lieu of trial by a court-martial in accordance with chapter 10 of Army Regulation 635-200 and directed an under other than honorable conditions discharge and reduction...
ARMY | BCMR | CY2011 | 20110002880
The applicant states he was wounded twice in Vietnam and was never awarded the Purple Heart. Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Purple Heart. ____________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 | 20110002882
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 Army Good Conduct Medal, Combat Infantryman Badge, and any other Korean War related awards he is authorized. The applicant's complete military records are not available to the Board for review. However, based on the fact his DD Form 214 shows his component was Infantry and the Hospital Admission Cards data base printout showing his branch of service...
ARMY | BCMR | CY2011 | 20110002888
The applicant requests, in effect, correction of his record to show he was retired in the rank of staff sergeant (SSG)/E-6 and to show he was a SSG/E-6 from October 1991 to February 1993. The evidence of record shows the applicant was serving in the rank/grade of SGT/E-5 when he was discharged from the NCARNG on 18 April 2005. Based on the available evidence, he is not entitled to correction of his record to show he held the rank/grade of SSG/E-6 from October 1991 to February 1993.
ARMY | BCMR | CY2011 | 20110002891
Army Regulation 600-8-19 provides for the promotion and reduction of enlisted personnel. He has provided no evidence to show he was reduced or discharged in error. _______ _ _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 | 20110002892
He provides: * page 40 of Department of the Army Warrior Transition Unit (WTU) Consolidated Guidance, dated 18 July 2008 * Orders A-11-823251, dated 17 November 2008, ordering him to active duty for contingency operations for operational support (CO-ADOS) in support of Operation Enduring Freedom (OEF) * letter from a physician, dated 16 July 2009 * memorandum, dated 31 August 2009, regarding his MEB * Orders 301-1006, dated 28 October 2009, releasing him from active duty not by reason of...
ARMY | BCMR | CY2011 | 20110002893
The Army Board for Correction of Military Records (ABCMR), Record of Proceedings, indicates he received medical treatment for his injury on 26 August 1969, but does not mention that it occurred and was treated on 25 August 1969. b. A review of the applicant's military personnel records failed to reveal any evidence he was authorized or awarded the Purple Heart. The evidence of record indicates the documents he provides originated from his military service records and that they were...
ARMY | BCMR | CY2011 | 20110002894
The applicant states the Board's previous denial of his request was based on the absence of evidence showing he held an infantry military occupational specialty (MOS). 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 AR20090015430 on 18 March 2010. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2011 | 20110002896
The applicant requests his already awarded Army Good Conduct Medal (AGCM), National Defense Service Medal (NDSM), Army of Occupation Medal (AOM), and Expert and Sharpshooter Marksmanship Badges be entered on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The applicant's DA Form 24 (Service Record), Section 4 Chronological Record of Military Service, shows the applicant's conduct and efficiency was rated as excellent or unknown except for the period...
ARMY | BCMR | CY2011 | 20110002898
Application for correction of military records (with supporting documents provided, if any). The applicant requests his records be corrected to show he had "boots on the ground" in the Republic of Vietnam (RVN). In view of the above, there is insufficient substantiative evidence to provide the relief requested.
ARMY | BCMR | CY2011 | 20110002900
With respect to the issue of his civilian employment and backpay of the difference in pay between GS-09 and GS-11 from 1 May 2006 to 17 January 2007, Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. Since these records are not filed on the applicant's OMPF and since the applicant neither specified what the error is or what record...
ARMY | BCMR | CY2011 | 20110002902
He states he received two wounds in Vietnam a wound to his right foot from incoming fire on 2 September 1967 and a shrapnel wound to his left foot on 4 September 1967. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he was credited with service in Vietnam from 21 May 1967 through 19 May 1968. His service medical records are not available to the Board for review.