ARMY | BCMR | CY2013 | 20130019412
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960). His service record does not contain evidence that shows he served in direct support of operations in Vietnam. 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...
ARMY | BCMR | CY2013 | 20130019417
The applicant requests an upgrade of his bad conduct discharge (BCD) to a general discharge (GD). On 2 September 1974, Headquarters, 1st Armored Division, issued Special Court-Martial Order Number 138, which shows he pleaded not guilty but was found guilty of: * assaulting a military policemen in the performance of his duty by striking him in the head with his shoe * attempting to steal stereo equipment from fellow Soldiers with a total value of about $350.00 * wrongfully entering a room,...
ARMY | BCMR | CY2013 | 20130019419
(10) On 13 October 2009, she was seen by medical personnel for follow-up for lumbar spine pain and for evaluation of her right knee. The evidence of record shows she was referred to an MEB after her separation processing had begun and after being seen by medical personnel for lumbar spine pain and evaluation of her right knee. The records do not show any evidence of error in her discharge processing.
ARMY | BCMR | CY2013 | 20130019420
The PDBR SRP conducted a comprehensive review of the applicants submissions and records for evidence of inappropriate changes in the diagnosis of a mental health condition during processing through the military disability system. Records show the applicants first PEB had determined that the condition was unstable and assigned a disability rating of 30 percent. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by modifying...
ARMY | BCMR | CY2013 | 20130019424
The applicant requests removal of the Air Assault Badge from item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting award of the Air Assault Badge and the Army Achievement Medal from item 13 of his DD Form 214 * adding the Army Achievement Medal (2nd...
ARMY | BCMR | CY2013 | 20130019426
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his rank and pay grade as specialist (E-4). 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. Therefore, the Board determined that the overall merits of this case are...
ARMY | BCMR | CY2013 | 20130019427
The applicant requests upgrade of his under other than honorable conditions (UOTHC) discharge. After consulting with counsel, he voluntarily requested discharge for the good of the service under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10. a. Although an honorable or general discharge is authorized, a discharge UOTHC is normally considered appropriate.
ARMY | BCMR | CY2013 | 20130019435
The applicant requests correction of his: a. DA Form 199 (Informal Physical Evaluation Board (PEB) Proceedings) to add the conditions and disability ratings of: * Traumatic Brain Injury (TBI) 40 percent (%) * dysphagia/gastroesophageal reflux disease (GERD) - 10% * kidney stones 10% * neurogenic bladder 20% b. DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the Meritorious Service Medal. Just because a condition may have been rated by the VA, or listed as a...
ARMY | BCMR | CY2013 | 20130019437
BOARD DATE: 15 July 2014 DOCKET NUMBER: AR20130019437 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show 36 awards of the Air Medal (AM), the Expert Marksmanship Qualification Badge with Rifle and Pistol Bars, and campaign participation credit for the 1968 Tet...
ARMY | BCMR | CY2013 | 20130019438
The applicant contends he was wounded when a gas stove exploded; however, such an injury does not meet the requirements for the award of the Purple Heart. His record is void of evidence and he did not provide any evidence to show he was injured as a result of enemy action, his wounds by his admission were caused by an accident when he was attempting to light a gas stove in the performance of his MOS. ____________X___________ CHAIRPERSON I certify that herein is recorded the true and...
ARMY | BCMR | CY2013 | 20130019443
The applicant requests that his awards of the Combat Infantryman Badge (CIB), Army Commendation Medal (ARCOM), and Air Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). He had served 2 years of active service and the DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, Bronze Star Medal, Republic of Vietnam Civil Actions Honor Medal First...
ARMY | BCMR | CY2013 | 20130019446
The applicant requests that his undesirable discharge be upgraded to a general discharge. Counsel requests, in a five-page brief, in effect, that the applicants undesirable discharge be upgraded to at least a general discharge. In the absence of evidence to the contrary, it must be presumed that the applicant's voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service to avoid trial by court-martial was administratively...
ARMY | BCMR | CY2013 | 20130019447
His military records are void of documentation showing he was awarded the CIB or documentation showing the weapons qualifications he completed during his active duty service. The available records contain no documentary evidence showing the applicant was awarded the CIB. 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 | CY2013 | 20130019448
The applicant requests, in effect, award of the Purple Heart to his late father, a former service member (FSM). A fire destroyed records at the National Personnel Records Center (NPRC) in 1973 and he is trying to recover his father's records. There is no available evidence of record and the applicant provided none showing the FSM was wounded or sustained injuries as a result of enemy action for award of the Purple Heart.
ARMY | BCMR | CY2013 | 20130019453
The applicant's military records are not available to the Board for review. General Orders Number 362, issued by Headquarters, 2nd Infantry Division on 27 August 1954, awarded him the Bronze Star Medal for meritorious service in connection with military operations against an enemy of the United States, during the period 30 June 1953 through 27 July 1954. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing him a...
ARMY | BCMR | CY2013 | 20130019455
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of transfer or Discharge) to show his foreign service in Vietnam. His record also do not contain the facts and circumstances surrounding his administrative discharge under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel) by reason of hardship; however, his record contains a DD Form 214 that shows the applicant was assigned to the Third Army Support Group at...
ARMY | BCMR | CY2013 | 20130019456
The applicant requests correction of his military records to show he is not liable for the loss of government property in the Financial Liability Investigation of Property Loss (FLIPL) #WA---A-12-2-9-0--3 in the amount of $4,951.80. (3) CPT K------- states in his legal review, "There is no evidence to show that the property lost was sub-hand receipted down to any subordinates (the applicant) was the proximate cause of the loss because he was the last responsible person in the audit trail." ...
ARMY | BCMR | CY2013 | 20130019457
Through his Member of Congress, the applicant states: * he is asking for reconsideration of a previous ABCMR decision because the evidence he previously presented was misinterpreted * when he first appealed to the ABCMR, his application received an incorrect advisory opinion from an official in the Retired Pay Branch at the U.S. Army Human Resources Command (HRC) * this official provided an advisory opinion full of false statements, as shown by both previous and newly-submitted evidence * he...
ARMY | BCMR | CY2013 | 20130019458
The applicant states he should be awarded the Purple Heart for wounds received from friendly fire while on a combat mission. The applicant stated and the evidence of record supports that he received shrapnel wounds to his right shoulder and right leg while serving in Korea in April 1967 when another member of his unit discharged his weapon upon returning from a combat patrol. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the...
ARMY | BCMR | CY2013 | 20130019460
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending on 15 April 1958 to show his rank as sergeant, pay grade E-5. The applicant states he should have been discharged in the rank of sergeant. The applicant requests, in effect, correction of his DD Form 214 ending on 15 April 1958 to show his rank as sergeant, pay grade E-5.
ARMY | BCMR | CY2013 | 20130019461
There is no evidence the FSM or the applicant made a deemed election to change his SBP coverage from spouse to former spouse coverage within 1 year 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 when the former spouse is awarded the SBP annuity incident to a proceeding of divorce. Since it cannot be determined if he was married at the time of his death...
ARMY | BCMR | CY2013 | 20130019462
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in Vietnam and the awards he is eligible for based on that service. The applicant states his DD Form 214 does not reflect his service in Vietnam or the awards he earned for his service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Army Good Conduct...
ARMY | BCMR | CY2013 | 20130019464
The applicants complete military records are not available to the Board for review. The only documents available are a WD AGO Form 8-24 (Register Card) and the DD Form 214 provided by the applicant. The service prescribed must have been performed while serving with any unit as specified below: (1) While on an assignment to such unit for any period between the dates specified above.
ARMY | BCMR | CY2013 | 20130019465
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in Korea. The available evidence shows he served in Korea from 17 November 1970 through 23 December 1971. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding award of the KDSM to his DD Form 214 and b. adding the statement "SERVICE IN KOREA: YES" to item 30 of his DD Form 214.
ARMY | BCMR | CY2013 | 20130019473
The applicant requests the following corrections to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge): * Adding his award of the Army Commendation Medal (ARCOM) * Showing no lost time in item 26a (Non-Pay Periods Time Lost) * Showing in item 30 (Remarks) that he had no lost time * Showing in item 30 that he served in Vietnam during the period 4 April 1969 3 April 1970 * Showing in item 22c (Foreign and/or Sea Service) all of his foreign service * Adding...
ARMY | BCMR | CY2013 | 20130019476
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was released from active duty upon completion of his expiration term of service (ETS) on 24 February 1990. His record contains: * military orders releasing him from active duty on his ETS date, 24 February 1990 (Saturday) * endorsements to those military orders which changed his effective date of release from active duty to 21 February 1990 3. The evidence of record shows...
ARMY | BCMR | CY2013 | 20130019480
BOARD DATE: 26 June 2014 DOCKET NUMBER: AR20130019480 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his bad conduct discharge (BCD) be upgraded to general, under honorable conditions. Conviction and discharge were effected in accordance with applicable law and regulations, and the final discharge appropriately characterizes the misconduct for which the applicant was convicted.
ARMY | BCMR | CY2013 | 20130019485
On 23 March 2011, the applicant's immediate commander notified him of his intent to initiate separation action against him in accordance with Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12b, for a pattern of misconduct. On 1 April 2011, his intermediate commander recommended approval of the separation action with the issuance of a general discharge. On 22 June 2011, consistent with the chain of command's recommendations, the separation authority...
ARMY | BCMR | CY2013 | 20130019488
BOARD DATE: 8 July 2014 DOCKET NUMBER: AR20130019488 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. On 24 November 1976, the applicant was discharged under honorable conditions under the provisions of the Expeditious Discharge Program. Individuals discharged under this regulation were issued either an honorable or a general discharge.
ARMY | BCMR | CY2013 | 20130019494
The applicant requests the amount of Servicemen's Group Life Insurance (SGLI) coverage shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 20 June 2013 be changed to show $400,000.00. The applicant provides: * DD Form 214 * Servicemembers' Group Life Insurance Election and Certificate (SGLV 8286), dated 28 March 2013 CONSIDERATION OF EVIDENCE: 1. The regulation directed that the purpose of the separation document was to provide the...
ARMY | BCMR | CY2013 | 20130019495
Counsel requests: a. removal of the Officer Evaluation Report (OER) for the period 1 July 2008 through 30 November 2008 (hereafter referred to as the referred OER) from his Official Military Personnel File (OMPF); and b. restoration of all pay, allowances, entitlements, rights, and privileges, which were affected by the referred OER and led to his discharge from the U.S. Army on 1 November 2011 (in effect, reinstatement of his commission that was lost when he was discharged from the Regular...
ARMY | BCMR | CY2013 | 20130019496
The applicant requests an upgrade of his undesirable discharge (UD) to general, under honorable conditions. On 9 July 1981, the Army Discharge Review Board (ADRB) considered the applicant's request for an upgrade of his 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 | CY2013 | 20130019498
On 13 May 1975, he consulted with legal counsel and 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 due to charges being preferred against him under the Uniform Code of Military Justice (UCMJ) which authorized the imposition of a bad conduct or dishonorable discharge. Consulting counsel would advise the member concerning the elements of...
ARMY | BCMR | CY2013 | 20130019500
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. His record is void of any medical evidence of rape or any reported incident of rape. As a result, there is no basis for granting the applicant's request for an honorable discharge.
ARMY | BCMR | CY2013 | 20130019504
The applicant requests an upgrade of his general discharge (GD) to an honorable discharge (HD). On 3 April 2000, his commander notified him he was initiating action to separate him under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 14-12c for serious misconduct. On 4 April 2000, his commander submitted a recommendation that the applicant be discharged under the provisions of Army Regulation 635-200, paragraph 14-12c.
ARMY | BCMR | CY2013 | 20130019506
The applicant requests the following: * an upgrade of his general discharge to an honorable discharge * correction of item 12b (Separation Date This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) 2. He was advised by his commander that his discharge would be fully upgraded to honorable six months after his discharge. On 27 May 1980, the applicants company commander initiated action to separate the applicant under the provisions of Army Regulation 635-200...
ARMY | BCMR | CY2013 | 20130019511
He provided a Standard Form 513, dated 4 January 1991, which shows a consult sheet was issued by a doctor in relation to the applicant's asthma (moderate). Title 10, USC, chapter 61, provides the Secretaries of the Military Departments with authority to retire or discharge a member if they find the member unfit to perform military duties because of physical disability. The Army rates only conditions determined to be physically unfitting at the time of discharge which disqualify the Soldier...
ARMY | BCMR | CY2013 | 20130019514
The applicant requests correction of his military records to show he transferred his educational benefits to his sons under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. The Army did not have a record of his GI Bill. Records show the applicant was eligible to transfer his educational benefits under the TEB prior to retirement, but there is no convincing evidence showing he did so.
ARMY | BCMR | CY2013 | 20130019518
ARMY | BCMR | CY2013 | 20130019519
After review of all of medical findings the applicant concurred with his MEB results on 27 December 2004. c. On 3 January 2005, an informal PEB found the applicant unfit for his only listed condition and rated his spinal condition under VASRD 5299/5242 at 10 percent for limitation of flexion ROM due to pain. The mere presence of an impairment does not, of itself, justify a finding of unfitness because of physical disability and only those conditions that would be unfitting for military duty...
ARMY | BCMR | CY2013 | 20130019520
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 two awards of the Combat Infantryman Badge (CIB). A DD Form 214 for the period 16 August 1989 through 22 January 1992 shows the CIB as an authorized award.
ARMY | BCMR | CY2013 | 20130019522
The advisory official stated that a review of the applicant's finance records indicated she had executed a 3-year RNISP contracts at $15,000/year effective 20090928 through 20120927 and a 4-year RNISP contract at $20,000/year effective 20130928 through 20160927. There is no record of any RNISP contract in 2012. a. Immediately upon entry on active duty, she executed a 3-year RNISP contract at the rate of $15,000/year effective 20090928 through 20120927.
ARMY | BCMR | CY2013 | 20130019524
f. He was patched up and sent back to see if he could locate the remaining shrapnel because the whole grenade did not explode. The VA Rating Decision states that his previous requests were denied because there was no evidence of his condition in his limited service treatment records and there was no evidence he had "combat status." There is no evidence in the available record, nor has the applicant submitted sufficient evidence, to substantiate his contention that he was wounded in action...
ARMY | BCMR | CY2013 | 20130019525
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 13 October 1989, the applicant was discharged under honorable conditions under the provisions of Army Regulation 635-200, paragraph 14-12a, due to misconduct minor disciplinary infractions. The available records do not show the applicant ever applied to the Army Discharge Review Board for an upgrade of her discharge within that board's 15-year statute of limitations.
ARMY | BCMR | CY2013 | 20130019527
His record reflects his conduct over the years served. The orders show: * Authority: Army Regulation 135-178 * Effective Date: 12 May 2003 * Component: U.S. Army Reserve * Type of Discharge: Under Honorable Conditions (General) 5. Although the applicant states he served 27years in the Army with several honorable discharges those prior honorable discharges have no bearing on the general discharge he was issued on 12 May 2003.
ARMY | BCMR | CY2013 | 20130019528
The applicant requests the DD Form 214 (Certificate of Release or Discharge from Active Duty) of his deceased father, a former service member (FSM), be corrected to show the: * Meritorious Service Medal * Army Commendation Medal (1st Oak Leaf Cluster (OLC)) * Vietnam Service Medal with 6 bronze service stars * Overseas Service Ribbon (4th Award) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Master Aviator (instead of Aviation) Badge * Korea Defense Service Medal 2. ...
ARMY | BCMR | CY2013 | 20130019529
His reasons for requesting a change in his discharge are that he was treated disparately and was subjected to selective prosecution, he had ineffective assistance of counsel at his court-martial, he never received a proper review of his clemency matters by the general court-martial convening authority (GCMCA), he was a victim of ineffective assistance of counsel at the appellate level, and the purpose of the bad conduct discharge has been served. The applicant served as a PSG and Battle NCO...
ARMY | BCMR | CY2013 | 20130019532
General Court-Martial Order Number 20 dated 30 September 2003 shows the convening authority approved the sentence and, except for the part of the sentence extending to a BCD, ordered the sentence to be executed. His service medical records are not available for review. However, even if documentary evidence of his medical condition were available, such evidence would not mitigate the repeated use of an illegal drug by a senior noncommissioned officer who had more than 20 years of service.
ARMY | BCMR | CY2013 | 20130019537
The applicant states he was told the character of his discharge would be upgraded to under honorable conditions 6 months after his discharge. In his request for discharge, the applicant indicated he understood that by requesting a discharge he was admitting guilt to the charge against him or to a lesser-included offense that also authorized the imposition of a bad conduct or dishonorable discharge. On 23 October 1980, the separation authority approved the applicant's request for discharge...
ARMY | BCMR | CY2013 | 20130019539
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as "xxx-xx-xx35" instead of "xxx-xx-xx53." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the current SSN entry from his DD Form 214 and replacing it with the...