ARMY | BCMR | CY2006 | 20060000508C070205
Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage in those cases where the retiree had elected spouse coverage at retirement or was still on active duty and had not yet made an SBP election. However, since the divorce decree provided for SBP former spouse coverage, the applicant was married to the FSM for the majority of his military career, and the applicant was unmarried at the time of his death (i.e., no possible spouse beneficiary), it would...
ARMY | BCMR | CY2006 | 20060000510
The applicant requests that his enlistment contract be honored as written, and that he receive a full payment of the Army College Fund (ACF) in the amount of $40,000. It is acknowledged that nowhere in his contract does it state the ACF amount includes the MGIB. There is insufficient evidence to show he was advised that the $40,000 listed as his ACF benefit was the total combined amount of the MGIB and the ACF.
ARMY | BCMR | CY2006 | 20060000512C070205
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 August 2006 DOCKET NUMBER: AR20060000512 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests that his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) be corrected to show his race as American instead of Filipino. The applicant provides a copy of his...
ARMY | BCMR | CY2006 | 20060000522C070205
The applicant requests that his records be corrected by upgrading his discharge to honorable. The applicant states that the military lost both he and his wife’s pay records leading to his discharge. The Board notes that the applicant has failed to submit evidence in support of his allegations that he was advised that his discharge would be upgraded after 2 years.
ARMY | BCMR | CY2006 | 20060000525C070205
The applicant requests, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the award of the Purple Heart (PH), Army Commendation Medal (ARCOM), and the Combat Infantryman Badge (CIB). The applicant's records show that he was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the award of the Purple Heart for...
ARMY | BCMR | CY2006 | 20060000528C070205
The applicant's record shows that he enlisted in the Regular Army and entered active duty on 2 January 1970. The U.S. Court of Appeals, observing that applicants to the Army Discharge Review Board (ADRB) are by statute allowed 15 years to apply there, and that this Board's exhaustion requirement (Army Regulation 15-185, paragraph 2-8), effectively shortens that filing period, has determined that the 3 year limit on filing to the Army Board for Correction of Military Records (ABCMR) should...
ARMY | BCMR | CY2006 | 20060000532C070205
Ronald D. Gant | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Therefore, there is an insufficient evidentiary basis to support granting the requested relief in this case. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.
ARMY | BCMR | CY2006 | 20060000548C070205
The applicant requests that the records of her former spouse, a service member (SM), be corrected to show she made a timely written request for a deemed election of the SM’s Survivor Benefit Plan (SBP). Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage (without the member’s agreement) in those cases where the member was participating in the SBP or was still on active duty and had not yet made an SBP election. Since the SM is still on active duty and...
ARMY | BCMR | CY2006 | 20060000556C070205
The applicant requests, in effect, correction of his military records to show award of the Combat Infantryman Badge, the Bronze Star Medal with “V” Device, and the Purple Heart. The applicant participated in two campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with two bronze service stars. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Combat...
ARMY | BCMR | CY2006 | 20060000558
The applicant requests that his records be corrected and he receive service credit and retirement points for his period of service as a cadet at the United States Military Academy (USMA). A 13 December 1985 DA Form 1506 (Statement of Service - For Computation of Length of Service for Pay Purposes) indicates the applicant had 13 days credit for service under DEP; 1 year, 5 months, and 7 days active duty enlisted service; 3 years, 10 months, and 21 days as an USMA cadet; and that he had been...
ARMY | BCMR | CY2006 | 20060000560C070205
The applicant’s DD Form 214 shows the Good Conduct Medal as an authorized award. Therefore, there is insufficient evidence on which to base award of the Army of Occupation Medal with Germany Clasp in this case. Records show the applicant should have discovered the alleged error now under consideration on 7 July 1961; therefore, the time for the applicant to file a request for correction of any error expired on 6 July 1964.
ARMY | BCMR | CY2006 | 20060000562C070205
On 17 May 2004, the applicant was counseled by his commanding officer regarding the investigation. The statement indicates that according to the applicant's physical profile from WRAMC, he was unable to perform those duties which would have made him deployable and, therefore, he may be referred to an MOS Medical Review Board or referred directly into the MEB/PEB process. The evidence of record shows that the applicant appeared before a board of officers represented by counsel, and that the...
ARMY | BCMR | CY2006 | 20060000570C070205
Edward Montgomery | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. On 22 March 2005, the appropriate separation authority approved the applicant’s request for discharge for the good of the service, under the provisions of Army Regulation 635-200, Chapter 10, and directed his reduction to the lowest enlisted grade and the issuance of an under other than honorable conditions discharge. Pertinent Army regulations provide that...
ARMY | BCMR | CY2006 | 20060000572C070205
Yolanda Maldonado | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states that his Enlisted Record Brief (ERB) incorrectly shows that his DOR is 1 September 2003, when in fact it is 1 July 2003. In the processing of this case an advisory opinion was provided to the Board by the Office of Reserve Component Promotions of the Human Resources Command in St Louis, Missouri, which opines that the applicant’s ERB...
ARMY | BCMR | CY2006 | 20060000574C070205
He was honorably discharged from the USAR on 30 November 1964. While the applicant was mobilized with his unit during the Berlin Crisis, the evidence of record shows that he was never deployed to the area of operation that qualified for award of the AFEM. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.
ARMY | BCMR | CY2006 | 20060000576C070205
The applicant requests that his military records be corrected to show his rank as sergeant instead of private first class. The applicant's WD AGO Form 53-55 shows he was a private first class at the time of his discharge on 28 July 1945. Regrettably, there is no basis for granting the applicant's request to correct his military records to show his rank as sergeant or to amend item 38 on his WD AGO Form 53-55.
ARMY | BCMR | CY2006 | 20060000583C070205
The applicant requests correction of his records to show award of the Prisoner of War (POW) Medal. The applicant’s military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing he was awarded the POW Medal, the World War II Victory Medal, and the American Campaign Medal; and b. amending item 3 and item 38 on his WD AGO Form 53-55 to show his rank as corporal.
ARMY | BCMR | CY2006 | 20060000584C070205
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 31 August 2006 DOCKET NUMBER: AR20060000584 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Item 28 on the applicant's DD Form 214 for the period ending 12 October 1951 shows the entry, “Service Co [Company] 15th Inf Regt [Infantry Regiment] APO 468.” This DD Form 214 shows the Korean Service Medal with three...
ARMY | BCMR | CY2006 | 20060000586C070205
In support of his application, the applicant submitted a copy of his WD AGO Form 53-55, Enlisted Record and Report of Separation - Honorable Discharge. The applicant provided no service medical records to show he was hospitalized to receive medical treatment for frostbite or frozen feet during World War II. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Bronze Star Medal based on his...
ARMY | BCMR | CY2006 | 20060000587C070205
The applicant states, in effect, he has documentation of military schools that were not included on the DD Form 214 and would like to have his records corrected to include all of his military training, awards, and MOSs. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...
ARMY | BCMR | CY2006 | 20060000589C070205
The applicant states he was initially appointed as a second lieutenant on 14 December 2002 in the Nevada Army National Guard (NVARNG) and that he did not receive timely promotion and Federal Recognition to the grade of first lieutenant. Records show that the applicant was appointed and granted permanent Federal Recognition as a second lieutenant in the NVARNG effective 14 December 2002. Based on the fact that the applicant met the qualifications for promotion to the grade of...
ARMY | BCMR | CY2006 | 20060000591C070205
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 August 2006 DOCKET NUMBER: AR20060000591 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant was discharged on 3 October 1980 under Army Regulation 635-200, chapter 5 for failure to maintain acceptable standards for retention. There is not now nor has there ever been any authority to...
ARMY | BCMR | CY2006 | 20060000597C070205
The applicant's Military Personnel Records Jacket (MPRJ) contains no orders, or other documents that show he was ever recommended for, or awarded the PH or CIB by proper authority while serving on active duty. The evidence of record shows the applicant should have discovered the alleged error or injustice related to award of the PH and CIB now under consideration on 2 July 1970, the date of his separation from active duty. Therefore, the Board requests that the CMSD-St. Louis...
ARMY | BCMR | CY2006 | 20060000601C070205
The applicant requests that his record be corrected by upgrading his discharge. c. He has no recollection of his having time lost between 21 May 1974 and 14 June 1974. d. Lost time from 19 September 1974 to 26 March 1975, occurred when he decided to go AWOL because his commander had lied to him concerning an assignment. However, on 16 May 1975, the applicant was discharged under the provisions of Army Regulation 635-200, Chapter 10, with an undesirable discharge, characterized as under...
ARMY | BCMR | CY2006 | 20060000604C070205
The applicant's DD Form 214 shows that he was discharged as a result of court-martial on 1 October 1982, under the provisions of Army Regulation 635-200 (Personnel Separations), with the separation code JJD and the Reentry code 3. There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations. As a result, the Board further determined that there is no evidence provided which shows that it would be in...
ARMY | BCMR | CY2006 | 20060000605C070205
Rowland Heflin | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant provides two memorandums, dated 22 December 2005 and 15 June 2005, from the retirement services noncommissioned officer; a DD Form 2656, dated 14 June 2005; a DD Form 2656, dated 6 July 2004; a DD Form 108 (Application for Retired Pay Benefits); a NGB Form 23B (Army National Guard Retirement Points History Statement); a 20-Year letter; and...
ARMY | BCMR | CY2006 | 20060000606C070205
There are no orders in the applicant’s service personnel records which show that he was awarded the Bronze Star Medal with V Device or the Purple Heart. Therefore, it has been determined that the newspaper articles and the press release from the Congressman's office are sufficient evidence to grant the applicant's request for correction of his records to show award of the Bronze Star Medal with V Device. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2006 | 20060000607C070205
The FSM's DD Form 214 shows he was discharged on 17 June 1970 under the provisions Army Regulation 635-200, SPN 246 [For the good of the service] Administrative Proceedings. There is no evidence in the available records which show that FSM applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitation. The FSM's service record shows charges were preferred against him for being AWOL on two separate occasions.
ARMY | BCMR | CY2006 | 20060000610C070205
Ronald D. Gant | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. _ Paul M. Smith_________ CHAIRPERSON INDEX |CASE ID |AR20060000610 | |SUFFIX | | |RECON | | |DATE BOARDED | 20060829 | |TYPE OF DISCHARGE |UD | |DATE OF DISCHARGE...
ARMY | BCMR | CY2006 | 20060000616C070205
The applicant requests that his discharge be upgraded. The discharge authority accepted the applicant’s request for discharge, directed the applicant be reduced to the lowest enlisted pay grade, and that he be issued an undesirable discharge. __ Shirley L. Powell____ CHAIRPERSON INDEX |CASE ID |AR20060000616 | |SUFFIX | | |RECON | | |DATE BOARDED |20060815 | |TYPE OF DISCHARGE |UD | |DATE OF DISCHARGE |19810507 | |DISCHARGE AUTHORITY |AR 635-200 .
ARMY | BCMR | CY2006 | 20060000618C070205
Since there is no evidence to show the applicant was awarded the SBP as a former spouse by the divorce court, even if the FSM had applied for retired pay, there would have been insufficient evidence to warrant correcting the records to show she is the FSM’s SBP beneficiary. However, retired pay is only an entitlement if the member applies for it. The evidence of record shows the FSM did not apply for retired pay.
ARMY | BCMR | CY2006 | 20060000622C070205
The applicant requests, in effect, that his Reentry (RE) Code "4" be changed to a more favorable code. On 30 January 2001, the separation authority approved the applicant’s request for discharge and directed that he be discharged under other than honorable conditions (UOTHC). Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned reentry codes, based on their service records or the reason for discharge.
ARMY | BCMR | CY2006 | 20060000623C070205
The applicant, the widow of the deceased former service member (FSM), requests that her husband's records be corrected to show that he was promoted to the rank of lieutenant colonel (O-5). He accepted an appointment in the ORC, in the grade of O-3, on 25 July 1946, and he was released from active duty in the grade of O-3 on 30 October 1946. The evidence of record shows that the FSM accepted an appointment in the ORC, in the grade of O-3, on 25 July 1946.
ARMY | BCMR | CY2006 | 20060000627C070205
LaVerne M. Douglas | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The evidence of record shows that the applicant enlisted in pay grade E- 4 on 1 June 2001. Based on regulatory guidance in effect on the date of the applicant's discharge, he is entitled to correction to his DD Form 214, dated 3 November 2005, to show the rank, Sergeant, in Block 4a; to show the pay grade E-5 in Block 4b; and a date of rank of 2005 / 11 /...
ARMY | BCMR | CY2006 | 20060000631C070205
James R. Hastie | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Combat Infantryman Badge (CIB). The applicant states that he received the CIB for his service in the Sinai Peninsula.
ARMY | BCMR | CY2006 | 20060000637C070205
The applicant provides a DA Form 639 (Recommendation for Award – Heroism), dated 11 October 1951, with four enclosures; a map of where the action took place; a proposed citation for the Bronze Star Medal with “V” Device; an undated recommendation for heroism award; the decision to disapprove the recommendation for the Bronze Star Medal with “V” Device, dated 23 October 1951; the citation and orders for the Silver Star, dated 5 October 1951; a letter, dated 2 October 1991, from the wounded...
ARMY | BCMR | CY2006 | 20060000638C070205
The applicant provides his 31 July 1980 DD Form 214 and extracts of his Enlisted Qualification Record (DA Form 20) in support of his application. The evidence of record confirms the periods of active and inactive military service entered in Item 12d and Item 12e of the DD Form 214 in question correspond to the service dates documented in the applicant's service record, as evidenced by the retirement application on file, dated 18 March 1980, which was authenticated by the applicant with his...
ARMY | BCMR | CY2006 | 20060000639C070205
There is no evidence showing that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. Pertinent Army regulations, in effect at the time of the applicant's discharge, provide that prior to discharge or release from active duty, the individual will be assigned a RE code, based on their military service records or the reason for discharge. There is no indication in the applicant’s military service records that he...
ARMY | BCMR | CY2006 | 20060000643C070205
On 17 December 1979, the applicant was honorably released from active duty after completing 2 years, 11 months, and 15 days of active military service. In this case, the applicant's record includes orders that directed his release from active duty on 17 December 1979, and his DD Form 214 confirms he was actually separated on this date. This conclusion is further supported by the fact that the applicant authenticated the DD Form 214 he was issued with his signature on the date of his separation.
ARMY | BCMR | CY2006 | 20060000644C070205
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 September 2006 DOCKET NUMBER: AR20060000644 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the award of the Joint Service Achievement Medal (JSAM), Armed Forces Service...
ARMY | BCMR | CY2006 | 20060000646C070205
The applicant states, that his records will verify his entitlement to two awards of the ARCOM, the NDSM, three awards of the AAM, the Liberation of Kuwait Medal, three awards of the GCMDL, his service in Operation Desert Storm and that his MOS was 36L2H. In April 1997, the applicant submitted an application to the Board requesting that his DD Form 214 be corrected to reflect his award of the Southwest Asia Service Medal (SWASM). As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2006 | 20060000647C070205
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show award of the Bronze Star Medal and the Combat Medical Badge. The applicant’s military records are not available to the Board for review. In support of his claim for award of the Combat Medical Badge, he provided a WD AGO Form 108, dated 23 December 1945, which states he served with the 305th Infantry Regiment of the 77th Infantry Division on Guarm, Leyte,...
ARMY | BCMR | CY2006 | 20060000650C070205
The applicant’s military records are not available to the Board for review. However, the evidence of record does establish that he is entitled to award of the ROK-KWSM for his time served in Korea. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.
ARMY | BCMR | CY2006 | 20060000655C070205
The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 20 December 2003; DFAS Form 702 (Defense Finance and Accounting Service (DFAS) Military Leave and Earnings Statement (LES), for the period 1 - 31 October 2001; a partial copy of a DA Form 638 (Recommendation for Award) for the period from 29 May 2001 to 28 May 2002; DA Form 4980-18 (The Army Achievement Medal Certificate), dated 25 February 2002; DA Form 638,...
ARMY | BCMR | CY2006 | 20060000662C070205
The applicant states he was wounded and received the actual medal but it was not recorded on his DD Form 214 (Report of Transfer or Discharge). His record contains a copy of the orders awarding him this medal and it is appropriate to correct his records to include it on his DD Form 214. It is appropriate to award the applicant the Good Conduct Medal for his period of service from 13 May 1968 through 22 January 1970.
ARMY | BCMR | CY2006 | 20060000664C070205
The applicant was discharged on 24 March 1971, under the provisions of Army Regulation 635-206, due to his civil court conviction. On 15 November 1973, the Army Discharge Review Board denied the applicant's petition to upgrade his discharge. Paragraph 33 of the regulation provided, in pertinent part, that members convicted by civil authorities would be considered for separation.
ARMY | BCMR | CY2006 | 20060000666C070205
Although there is no evidence of record which shows the applicant was issued a DD Form 214 for his period of active duty service from 10 September 1974 to 25 July 1976, he should have been issued one. Since such a determination cannot be made, a DD Form 214 cannot be prepared; however, it would be appropriate to issue the applicant an Official Statement of Service to show he served in the Regular Army from 10 September 1974 to 25 July 1976. The Board determined that the evidence presented...
ARMY | BCMR | CY2006 | 20060000667C070205
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The U.S. Court of Appeals, observing that applicants to the Army Discharge Review Board (ADRB) are by statute allowed 15 years to apply there, and that this Board's exhaustion requirement (Army Regulation 15-185, paragraph 2-8), effectively shortens that filing period, has determined that the 3 year limit on filing to the Army Board for Correction of Military Records (ABCMR) should commence on the date of final action by the ADRB. As a...
ARMY | BCMR | CY2006 | 20060000668C070205
There is no evidence in the available records which shows that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitation. Army Regulation 635-200, chapter 11 sets the policy and prescribes procedures for separating members who were voluntarily enlisted in the Regular Army, National Guard or Army Reserve, are in an entry level status and, before the date of the initiation of separation action, have completed no...
ARMY | BCMR | CY2006 | 20060000676C070205
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Armed Forces Expeditionary Medal, the National Defense Service Medal, and the Army Service Ribbon. The applicant provides fact sheets on the Armed Forces Expeditionary Medal, the National Defense Service Medal, and the Army Service Ribbon; a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); three...