ARMY | BCMR | CY2007 | 20070012503
Director Analyst The following members, a quorum, were present: Chairperson Member Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant provides Active Guard Reserve (AGR) active duty orders, dated 8 December 2004; Army Human Resources Command Notification of Eligibility for Promotion, dated 14 December 2004; ARNG mobilization orders, dated 21 July 2006; orders releasing him from Title 10 AGR status, dated 28 August...
ARMY | BCMR | CY2007 | 20070012510
In addition, there is no evidence of record and the applicant has provided none, to show he was a POW during the period 6 October 1951 to 20 November 1951, while serving in Korea. The evidence shows the applicant served during the qualifying period for award of the Republic of Korea War Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the individual the Korean Service Medal with four bronze service...
ARMY | BCMR | CY2007 | 20070012512
However, his command did not take any action to have him medically discharged. The governing regulation does not require that the company commander request that the battalion commander impose the Article 15. In this case, there is no evidence to show that the applicant used Valium.
ARMY | BCMR | CY2007 | 20070012513
The WAARNG either mistakenly processed the applicant through this channel, not connecting the fact that his neck condition might have been related to the June 1998 and March 2000 injuries, or deliberately processed him through this channel because there was no line of duty determination on his June 1998 and March 2000 injuries. Consequently, due to the two concepts involved, an individuals medical condition, although not considered medically unfitting for military service at the time of...
ARMY | BCMR | CY2007 | 20070012515
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 January 2008 DOCKET NUMBER: AR20070012515 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 available evidence of record clearly shows that the applicant went AWOL for 120 days. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must...
ARMY | BCMR | CY2007 | 20070012521C080407
The applicant requests, in effect, that his 31 August 2001 discharge from the United States Army Reserve (USAR) be voided and that his records be corrected to show he was transferred to the Retired Reserve on that same date. This official further states that the applicant was in possession of a 20-Year Letter at the time of his discharge and since there is no proof the applicant actually received an option letter and since it is no longer a requirement for a Soldier to elect transfer to the...
ARMY | BCMR | CY2007 | 20070012535
The applicant requests, in effect, correction of his records to show that he was discharged by reason of physical disability. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. The medical evidence of record indicates that the applicant was medically fit for retention at the time of his separation.
ARMY | BCMR | CY2007 | 20070012542C080407
David W. Tucker | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that the last name listed in his military records and separation document (DD Form 214) be corrected by adding the letters "e and s" to the end of his last name. However, while it is understandable that he would want his last name corrected to reflect the same last name now listed on his birth certificate, the evidence of...
ARMY | BCMR | CY2007 | 20070012547
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 January 2008 DOCKET NUMBER: AR20070012547 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. In his request for discharge, the applicant indicated that he understood that by requesting discharge, he was admitting guilt to the charges against him, or of a lesser included offense, that also authorized the...
ARMY | BCMR | CY2007 | 20070012558
Department of Defense Instruction (DoDi) Number 1200.15 (Assignment to and Transfer Between Reserve Categories, Discharge from Reserve Status, Transfer to the Retired Reserve, and Notification of Eligibility for Retired Pay), paragraph 5.3.3. stipulates, in pertinent part, that Reservists who have qualified for retirement under Chapter 1223 of Title 10 U.S. Code, except for having reached 60 years of age, are required to attain 50 points annually during their anniversary year to be retained...
ARMY | BCMR | CY2007 | 20070012560C071029
Jeffrey Redmann | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by submitting his records to duly constituted special selection boards for promotion consideration for chief warrant officer five under the...
ARMY | BCMR | CY2007 | 20070012564
The evidence shows the applicant served during the qualifying period for award of the Korea Defense Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Southwest Asia Service Medal, with two bronze service stars, from the applicant's DD Form 214 and adding the Southwest Asia Service Medal, with three bronze service stars, to denote his correct campaign participation credit; b. awarding the...
ARMY | BCMR | CY2007 | 20070012568C080407
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. His record does reveal a disciplinary history that includes his acceptance of non-judicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) and a Special Court-Martial (SPCM) conviction. ...
ARMY | BCMR | CY2007 | 20070012573C080213
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 January 2008 DOCKET NUMBER: AR20070012573 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. His DD Form 230 (Service Record) shows he had 1 year, 5 months, and 24 days of active service towards the Army Good Conduct Medal. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2007 | 20070012574C080213
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 May 1983 be amended to add the Korea Defense Service Medal (KDSM), the Marksman Marksmanship Qualification Badge with Missile Bar and the Sharpshooter Marksmanship Qualification Badge with Carbine and Rifle Bars, and to show he is authorized to wear the Overseas Service Ribbon with Numeral 4. His DD Form 214 for the period ending 31 May 1983 shows he was awarded the...
ARMY | BCMR | CY2007 | 20070012576
The applicant provided a copy of a certificate, dated 6 February 1984, that shows he was awarded the Legion of Merit for meritorious service while assigned as the Chief, U.S. Army Logistics Assistance Office, U.S. Army Materiel Development and Readiness Command, Fort Gordon, Georgia, from January 1981 to February 1984. Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the Legion of Merit is awarded to individuals who distinguish themselves by exceptionally...
ARMY | BCMR | CY2007 | 20070012578
On 19 October 2006, the unit commander spoke to the applicant about the ramifications of missing movement. On 4 January 2007, the applicant was discharged under the provisions of Army Regulation 635-200, Chapter 14-12c by reason of misconduct (serious offense), with a discharge under other than honorable conditions. The SPD code of JKQ is the appropriate code to assign Soldiers separated under the provisions Army Regulation 635-200, chapter 14-12c, by reason of misconduct (serious offense).
ARMY | BCMR | CY2007 | 20070012580
He had completed 1 year, 4 months and 6 days of total active service. On 16 June 1965, NJP was imposed against the FSM for being absent from his unit from 0030 hours 13 June 1965 until 0100 hours 13 June 1965. ____John Infante _____ CHAIRPERSON INDEX CASE ID AR20070012580 SUFFIX RECON DATE BOARDED 20080131 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY ISSUES 1.
ARMY | BCMR | CY2007 | 20070012598
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant provides copies of his Record of Proceedings Under Article 15, Uniform Code of Military Justice (DA Form 2627), with enclosures; Appeal of Punishment; Letter of Reprimand, dated 19 December 2006; Personnel Qualification Record; Female Advisory Board Meeting, dated 1 November 2006; fourteen sworn statements; personal financial statement; reduction orders; Noncommissioned Officer Evaluation Report; and electronic...
ARMY | BCMR | CY2007 | 20070012620
In an advisory opinion, dated 9 November 2007, obtained in the processing of this case, the Director, Army Reserve Active Duty Management Directorate, cited Rule P, table 3-8, Army Regulation 140-111 and recommended approval of the applicant's request to have his reenlistment contract, dated 26 June 2005, voided. AR 140-111 governs USAR reenlistment and extension programs. Since the applicant's ETS date is 21 March 2008, it is also appropriate to authorize an antedated extension or a...
ARMY | BCMR | CY2007 | 20070012635C080407
Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his RVN tour, he was assigned to Company C, 4th Engineer Battalion, performing duties in MOS 12B as a combat engineer. Item 41 (Awards and Decorations) does not include the CIB in the list of awards it contains. 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 | CY2007 | 20070012638
The applicant was further advised that he was being recommended for a general under honorable conditions discharge with the reason for discharge as alcohol abuse rehabilitation failure. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) shows the entry "JPD" denotes separation for Alcohol or Other Drug Abuse Rehabilitation Failure. The author stated, in effect, that the applicant had struggled with alcohol abuse while on active duty.
ARMY | BCMR | CY2007 | 20070012640
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 September 2007 DOCKET NUMBER: AR20070012640 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. He requests that the extra documents be removed from his OMPF so that he can get rid of the unnecessary orders and start receiving one order number per award. However, it does show permanent Orders 073-167, dated...
ARMY | BCMR | CY2007 | 20070012645
The applicant had 439 of those days in a 10 U.S.C. The Chief, Personnel Policy and Readiness Division concluded the applicant should have been issued voluntary mobilization orders which commenced on 10 February 2007 and continued through 19 April 2007 for a total of 69 days in COTTAD, 12301(d) status. Evidence shows that the applicant was involuntarily mobilized for 844 days during the periods 3 February 2003 through 20 November 2003 and 28 November 2005 through 19 April 2007.
ARMY | BCMR | CY2007 | 20070012647C080213
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 January 2008 DOCKET NUMBER: AR20070012647 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 available evidence shows that the applicant was eligible to receive FSA-T for the period he attended BNCOC, 5 April through 16 July 1993, in a TDY status. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2007 | 20070012649C080407
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The Board concluded that although the applicant had requested discharge with a Special Separation Bonus (SSB) under TERA provisions, he was ineligible based on his being investigated for UCMJ offenses and being processed for administrative separation, which resulted in his request not being processed and/or approved. The evidence of record confirms the applicant's separation processing was accomplished in accordance with the applicable...
ARMY | BCMR | CY2007 | 20070012651C080407
The applicant provides the following documents in support of his application: Self-Authored Statement; Assumption of Command Memorandum, dated 20 May 2005; Assignment Orders, dated 5 July 2005; Unit Manning Report (UMR), dated 28 September 2005; State Promotion Orders, dated 28 July 2005 and 19 December 2006; Promotion/Federal Recognition Orders, dated 13 March 2006 and 8 January 2007; Officer Evaluation Reports (OERs), ending 3 April 2006 and 11 May 2007; Academic Evaluation Reports (AERs),...
ARMY | BCMR | CY2007 | 20070012658
There are no orders or other evidence authorizing award of the Silver Star to the applicant. 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. awarding him a second Oak Leaf Cluster for wear on his already awarded Bronze Star Medal with Oak Leaf Cluster; b. showing, that in addition to the awards shown on his Transcript of Military Record, his...
ARMY | BCMR | CY2007 | 20070012659C080213
In his initial application to the Board, the applicant stated he had been working for the military and around the military. The applicant submitted a statement with his request for discharge, which statement mentioned only family problems. Furthermore, in his initial application to the Board, when he was under no pressure from anyone in the Army, he did not raise any of the issues (harassment, verbal insults, unjust punishments, forced to make an untrue statement) he raises in his current...
ARMY | BCMR | CY2007 | 20070012662
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 January 2008 DOCKET NUMBER: AR20070012662 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 correction of his military records to show award of the Purple Heart, Bronze Star Medal, Meritorious Service Medal, and the Army Good Conduct Medal. The applicant requests correction of his...
ARMY | BCMR | CY2007 | 20070012668
On 15 July 1969, the applicant consulted with counsel, and elected to waive consideration of his case by a board of officers; waive appearance before a board of officers; to not to make a statement in his own behalf; and to waive representation by counsel. There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statue of limitations. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2007 | 20070012671
The applicant requests that her records be corrected by removing from her Official Military Personnel File (OMPF), Permanent Order Number 79-7, a duplicate copy of DA Form 2173 (Statement of Medical Examination and Duty Status), and a single page University of Maryland University College transcript. The applicant contends that her records should be corrected by removing from her OMPF Permanent Order Number 79-7, a duplicate copy of DA Form 2173, and a single page University of Maryland...
ARMY | BCMR | CY2007 | 20070012673
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 February 2008 DOCKET NUMBER: AR20070012673 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. These charges were served on the applicant on 17 February 1995. The SJA, in an addendum to his recommendation, discusses the defense allegations of legal error, in that the military judge applied an inappropriate...
ARMY | BCMR | CY2007 | 20070012682
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was ordered to active duty under the provisions of Title 10 United States Code (10 USC) 12302 in support of Operation Enduring Freedom. Therefore, he is entitled to have his DD Form 214 corrected to show he was ordered to active duty under this provision. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2007 | 20070012683
He was subsequently convicted and sentenced to 3 1/2 to 10 years confinement in prison. 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. 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 | CY2007 | 20070012695C080213
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 January 2008 DOCKET NUMBER: AR20070012695 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. On 28 January 1974, the applicant completed a separation physical and was found qualified for separation. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently...
ARMY | BCMR | CY2007 | 20070012706
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 05 February 2008 DOCKET NUMBER: AR20070012706 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, his records be corrected to show he has the additional time for 20 qualifying years, thereby making him eligible for retirement pay at age 60. Army Regulation 135-180 (Qualifying...
ARMY | BCMR | CY2007 | 20070012707
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 January 2008 DOCKET NUMBER: AR20070012707 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. 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...
ARMY | BCMR | CY2007 | 20070012710
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 January 2008 DOCKET NUMBER: AR20070012710 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. There are no orders awarding the applicant the Purple Heart, he is not listed on the Korean War Casualty File, and there are no medical records available to show that he was treated for a wound that he may have...
ARMY | BCMR | CY2007 | 20070012720
Counsel states, in effect, that a personality disorder discharge stigmatizes a person for life and for that reason the applicant's discharge for personality disorder was not appropriate when separation was warranted under chapters 4, 5, 7, 9, 10, 11, 13, 14, 15, or 18 of the same regulation. On 8 February 2007, the commander counseled the applicant to inform him that he was being command referred for a fitness for duty evaluation. Both counseling that the applicant received for separation...
ARMY | BCMR | CY2007 | 20070012721C080407
His record also contains no orders or other documents that indicate he was ever recommended for or awarded the PH by proper authority while serving on active duty, and the PH is not included in the list of awards contained in Item 41 of his DA Form 20 or in the list of awards contained on his DD Form 214, which he authenticated with his signature on the date of his separation. Thus, absent any evidence of record to corroborate the information contained in the witness statements provided,...
ARMY | BCMR | CY2007 | 20070012724
The applicant provides a memorandum, dated 23 September 1999, which appointed him as a Reserve commissioned officer of the Army; two DD Forms 214 (Certificate of Release or Discharge from Active Duty) which covered his active duty service from 11 September 1999 to 15 December 1999 and from 16 January 2003 to 23 May 2004; certificates awarding him the Air Medal and the Bronze Star Medal; a memorandum, dated 2 February 2006, which informed the applicant that he was selected for promotion to...
ARMY | BCMR | CY2007 | 20070012742
The applicant states that he had a good military record during his first enlistment. In his request for discharge, the applicant indicated that he understood that by requesting 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. There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute...
ARMY | BCMR | CY2007 | 20070012746
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his Vietnam service and to add the Air Medal for heroism. The applicant states that his DD Form 214 shows he served in Germany for all of his foreign service of 1 year, 3 months, and 7 days, but that is not correct. 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...
ARMY | BCMR | CY2007 | 20070012746
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his Vietnam service and to add the Air Medal for heroism. The applicant states that his DD Form 214 shows he served in Germany for all of his foreign service of 1 year, 3 months, and 7 days, but that is not correct. 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...
ARMY | BCMR | CY2007 | 20070012762
The commander further notified the applicant he was recommending the applicant receive an other than honorable discharge. However, the separation authority may direct that the applicant's service be characterized as honorable; general, under honorable conditions; or under other than honorable conditions. The commander advised the applicant of his right to have his case considered by a board of officers (if he had 6 or more years of total active and reserve service or an under other than...
ARMY | BCMR | CY2007 | 20070012769C080213
The applicant requests reconsideration of his earlier request that blocks 10a and 10c of his DA Form 199 (Physical Evaluation Board (PEB) Proceedings), dated 3 September 1985, be corrected to show that his retirement is based on a disability resulting from injury or disease received in line of duty as a direct result of armed conflict or caused by an instrumentality of war and incurred in line of duty during a period of war as defined by law; and that his disability resulted from a...
ARMY | BCMR | CY2007 | 20070012792
There are no orders in the applicants service personnel records which show that he was awarded the Combat Infantryman Badge. Evidence shows the applicant was awarded and served in an infantry MOS while assigned to an infantry unit of brigade, regimental or smaller size. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Good Conduct Medal, Combat Infantryman Badge, Republic of Vietnam Gallantry Cross...
ARMY | BCMR | CY2007 | 20070012796
There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. However, there is no evidence in the applicant's records, and the applicant has provided no evidence, to show that he attempted to or applied for an upgrade of his discharge to the ADRB within that board's 15-year statute of limitations. ______Curtis L. Greenway ________ CHAIRPERSON INDEX CASE...
ARMY | BCMR | CY2007 | 20070012806
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 January 2008 DOCKET NUMBER: AR20070012806 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 provided an award certificate which shows that he was awarded the Purple Heart, on 16 July 1970, for wounds received in action on 16 July 1970 (sic 15 July 1970), while serving in Vietnam. He is,...