ARMY | BCMR | CY2008 | 20080015643
The applicant requests, in effect, that the entry of "Uncharacterized" in item 24 (Character of Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to read "Honorable." This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. The applicant's military...
ARMY | BCMR | CY2008 | 20080015644
IN THE CASE OF: BOARD DATE: 6 January 2009 DOCKET NUMBER: AR20080015644 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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her foreign service in Kuwait.
ARMY | BCMR | CY2008 | 20080015645
Application for correction of military records (with supporting documents provided, if any). The applicant states, in effect, due to an error on his part, he failed to report for reexaminations after he was placed on the Temporary Disability Retired List (TDRL) on 5 October 2000. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that instead of being REFRAD and placed on the TDRL he was instead REFRAD under the...
ARMY | BCMR | CY2008 | 20080015647
The applicant requests the records of her deceased ex-husband, a former service member (FSM), be corrected to show he elected Survivor Benefit Plan (SBP) coverage for former spouse at the full base pay rate. The applicant states, in effect, she and the FSM, who was already retired from the Army, married in December 1985 and had two children together. There is no evidence that shows the FSM submitted a written request to DFAS to change the SBP coverage from spouse and children to former...
ARMY | BCMR | CY2008 | 20080015650
She continued by essentially stating that she would greatly appreciate it if her discharge was upgraded to a general discharge under honorable conditions, and that she was too young at the time to understand and do what was required of her as a Soldier in the United States Army. Headquarters, United States Army Training Center and Fort Dix, Fort Dix, New Jersey Special Court-Martial Order Number 32, dated 18 September 1992, essentially shows that the applicant's sentence to a bad conduct...
ARMY | BCMR | CY2008 | 20080015651
Paragraph 11-1(b) of the regulation provided, in pertinent part, that an enlisted person would be given a bad conduct discharge or dishonorable discharge pursuant only to an approved sentence of a general or special court-martial after completion of appellate review and after affirmation of the sentence imposed. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. The applicant has provided no...
ARMY | BCMR | CY2008 | 20080015652
IN THE CASE OF: BOARD DATE: 25 June 2009 DOCKET NUMBER: AR20080015652 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant provides the following documents in support of her application: DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 16 August 2003; Annex S (Student Loan Repayment Program Addendum Army National Guard of the United States), Annex E Enlistment Bonus Addendum Army National Guard of the United States) and Statement of Understanding for the...
ARMY | BCMR | CY2008 | 20080015655
The applicant contends that his military records should be corrected to reflect his subsequent change of social security number. Therefore, there is no basis for granting the applicant's request to change the social security number that he used during his military service. ___________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 | CY2008 | 20080015659
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) dated 13 February 1973 be corrected to reflect that he entered the service on 12 January 1960. He was advanced to the pay grade of E-4 on 19 January 1962 and on 11 January 1963, he was honorably discharged for the purpose of immediate reenlistment and was issued a DD Form 214 on that date. Therefore, the Board determined that the overall merits of this case are insufficient as a...
ARMY | BCMR | CY2008 | 20080015660
The applicant requests constructive service credit for his 4-year post-graduate degree in chiropractic and his 4 years of chiropractic experience. On 9 May 2005, the applicant was notified that he had been appointed as a Medical Corps United States Army Reserve (USAR) commissioned officer in the rank of captain (O-3) effective on the date of his acceptance with 4 years, 0 months, and 0 days of credited service in an active status as of the date of his graduation. DODI 6000.13, paragraph...
ARMY | BCMR | CY2008 | 20080015661
There are no orders in the applicant's military personnel record promoting him to private first class. ABCMR Docket AR2007001900, dated 10 April 2008, Record of Proceedings, changed the characterization of the applicant's discharge to honorable. _______ _ 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 | CY2008 | 20080015663
Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20070016260, dated 4 March 2008. The applicant's record is void of his promotion packet that shows he appeared before the SGT/E-5 promotion board and was recommended by the promotion authority for promotion to SGT/E-5. However, the applicant's ERB, dated 4 March 2007, shows that as of September 2006, he was on the SGT/E-5...
ARMY | BCMR | CY2008 | 20080015664
The applicant requests reconsideration of the Board's denial of his previous request for correction of the computation of his retired pay, in effect by: a. correcting his retirement order to show inclusion of his four years in the Health Professions Scholarship Program (HPSP) as service credit for longevity and percentage for retirement pay purposes; b. requesting the Defense Finance and Accounting Service (DFAS) complete a thorough audit of his retired pay computations to include...
ARMY | BCMR | CY2008 | 20080015668
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in both his application and during a telephone conversation with the analyst for these proceedings on 9 January 2009, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued at the time of his discharge on 19 May 2008, which will simply be referred to as his DD Form 214 throughout the remainder of these proceedings, be corrected to show...
ARMY | BCMR | CY2008 | 20080015669
Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. This same regulation states that a bronze service star will be awarded for wear on the EAME Campaign Medal for participation in each qualifying campaign. _________XXX________________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board...
ARMY | BCMR | CY2008 | 20080015670
The applicant requests that he be awarded the Purple Heart for injuries sustained in combat in Korea on 18 May 1951 and that his report of separation (DD Form 214, Report of Separation from the Armed forces of the United States) be corrected to show in block 4 that he served in the Infantry, in block 27 that his unit was awarded three Presidential Unit Citations, that he completed Ranger Training from August through October 1950, and that his most significant unit in block 28 be changed to...
ARMY | BCMR | CY2008 | 20080015671
The applicant's DA Form 2-1 (Personnel Qualification Record) and her Enlisted Record Brief (ERB) do not indicate that she completed any periods of foreign service. Since HFP/IDP is paid for the whole month regardless of the date the Soldier arrives in the HFP/IDP designated area, and since the applicant's pay records show that she received HFP/IDP from 1 February 2003 to 30 June 2003, it appears that the applicant's service from 6 February 2003 to 6 June 2003 is consistent with her pay...
ARMY | BCMR | CY2008 | 20080015674
The applicant requests, in effect, removal of a noncommissioned officer evaluation report (NCOER) covering the period February 1989 through November 1989 from his Official Military Personnel File (OMPF) and reconsideration for promotion to master sergeant by a standby advisory board (STAB). On 5 May 2008, the applicant submitted an appeal to the NCOER in question to HRC-St. Louis requesting the NCOER in question be removed from his record based on substantive inaccuracy. On 16 May 2008,...
ARMY | BCMR | CY2008 | 20080015675
Application for correction of military records (with supporting documents provided, if any). The applicant requests that a DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice) imposed on 29 May 2008 be removed from his Official Military Personnel File (OMPF) and that his rank be restored to sergeant/E-5. Although the trial counsel contends that the applicant received an Article 15 for being AWOL for 4 days, evidence of record shows the applicant received...
ARMY | BCMR | CY2008 | 20080015676
On 4 August 2006, the applicant's intermediate commander recommended the appointment of an administrative separation board to determine if the applicant should be separated from the Army under the provisions of chapter 14 of AR 635-200 for misconduct. At 0805 hours, on 7 September 2006, an administrative board convened at Fort Bragg, to determine whether to administratively separate the applicant from the Army for misconduct, commission of serious offenses. On 25 October 2006, the...
ARMY | BCMR | CY2008 | 20080015677
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.
ARMY | BCMR | CY2008 | 20080015681
Application for correction of military records (with supporting documents provided, if any). During its original 1992 review of the case, the Board carefully reviewed all the evidence of record and independent evidence submitted by the applicant and after it considered all aspects of the case, it concluded there was no error or injustice related to the applicants separation processing that supported waiving his failure to timely file his application within the 3-year statute of...
ARMY | BCMR | CY2008 | 20080015684
He was discharged with a separation code of "KFS" (For the Good of the Service - In Lieu of Trial by Court-Martial) and issued an RE code of 4. Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents), in effect, at the time, established RE code 4 as the proper reentry code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 10 for the good of the service. In the absence of the applicant's chapter 10 discharge...
ARMY | BCMR | CY2008 | 20080015686
IN THE CASE OF: BOARD DATE: 15 January 2009 DOCKET NUMBER: AR20080015686 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). In the absence of a completed, authenticated, and verified casualty report, or other evidence which clearly shows the applicant suffered a wound or injury as a result of hostile action, that he was treated for this wound or injury, and that his treatment was made a matter of...
ARMY | BCMR | CY2008 | 20080015687
Item 41 (Awards and Decorations) of this same document had an entry which showed that he was awarded the CIB, but this entry, which did not contain an authority for awarding the CIB, was also struck through. There is no evidence that he performed duties in MOS 11 on his DA Form 20. Further, although he provides pictures from his service in the RVN, these pictures do not conclusively show that he was performing infantryman duties or that he was actively engaged in combat against the enemy.
ARMY | BCMR | CY2008 | 20080015688
He states the OHARNG prepared a memorandum on or about 9 August 1999 to inform him that he had failed Phase I of the Cardiovascular Screening Program (CVSP), but he alleges that he did not receive the memorandum until he requested copies of his OHARNG medical records in November 2003. The applicant completed Phase II of the CVSP on 7 July 2000 and the results indicated he passed the required tests clearing him for continued service. Even though it cannot be determined why the applicant did...
ARMY | BCMR | CY2008 | 20080015693
The applicant requests that he be paid $40,000.00 in Army College Fund (ACF) benefits as outlined in his enlistment contract. The applicant provides a DA Form 3286-66 (Statement of Understanding, United States Army Incentive Enlistment Program), dated 17 November 2000; and a DD Form 214 (Certificate of Release or Discharge from Active Duty) with an separation date of 15 March 2005 in support of this application. The applicants military records may be corrected to show his DA Form 3286-66...
ARMY | BCMR | CY2008 | 20080015697
The applicant wants, in effect, the previous Record of Proceedings corrected to show he received three different sentences. The applicant's contention that his previous Record of Proceedings, dated 16 June 2008, should be corrected to show an injury to the right knee, award of the Korean Service Medal, and the three different sentences that he received were carefully considered and found to have merit. Regarding the conclusions above concerning the errors in the previous Record of...
ARMY | BCMR | CY2008 | 20080015708
The applicant provides a letter, dated 24 April 2008, from the Army Review Boards Agency; a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); an undated DVA Rating Decision; and an email, dated 17 September 2008, from the USAPDA. If this fails and the Soldier does not undergo a physical examination, USA HRC will administratively remove him or her from the TDRL on the fifth anniversary of placement on the list without entitlement to any of the benefits provided...
ARMY | BCMR | CY2008 | 20080015710
IN THE CASE OF: BOARD DATE: 18 FEBRUARY 2009 DOCKET NUMBER: AR20080015710 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons. Chapter 3 of that regulation prescribes basic eligibility for prior service...
ARMY | BCMR | CY2008 | 20080015712
The applicant submitted an unsigned copy of a National Guard Bureau (NGB) Form 34-1 (Application for AGR Position) that shows he provided information for use in determining his eligibility for this vacancy announcement. However, there is no evidence that the applicant was higher on the promotion list than the Soldier who was selected for the position. Furthermore, at the time of the position vacancy announcement, the applicant had completed over 22 years of creditable active military...
ARMY | BCMR | CY2008 | 20080015721
On 8 December 2006, the applicant received a General Officer Memorandum of Reprimand (GOMOR) for providing a fraudulent college degree for his official military records which facilitated his commissioning as an officer. Paragraph 4-20e of Army Regulation 600-8-24 states that processing an officer's recommendation for elimination under this paragraph does not require referral to a Board of Inquiry or a Board of Review unless the officer declines to elect one of the options listed above and...
ARMY | BCMR | CY2008 | 20080015723
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by adding the Combat Infantryman Badge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a.
ARMY | BCMR | CY2008 | 20080015725
On 3 January 2008, court-martial charges were preferred against the applicant for one specification of being AWOL during the period from on or about 31 August 2007 through on or about 21 December 2007. The DD Form 214 he was issued at the time of his discharge shows he was discharged for the good of the service with a character of service of under other than honorable conditions. ABCMR Record of Proceedings (cont) AR20080015725 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF...
ARMY | BCMR | CY2008 | 20080015726
He goes on to state that he applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge with the hopes of re-entering the Army and the ADRB upgraded his discharge to a general discharge because it felt his discharge was too harsh when compared to his overall record of service. The ADRB determined that given the applicant's overall record of service and his service in SWA, his discharge was too harsh. Pertinent Army regulations provide that prior to discharge or...
ARMY | BCMR | CY2008 | 20080015753
The applicant's medical, dental, and personnel records, created on miscellaneous dates throughout her military service, and authenticated by the applicant on miscellaneous dates, show she was a male using the first and middle names of "Brad---- Kee---." The evidence of record shows the applicant enlisted and served as a male using the first name and middle names "Brad---- Kee---" throughout her military career. _______ _ XXX _______ ___ CHAIRPERSON I certify that herein is recorded the...
ARMY | BCMR | CY2008 | 20080015800
During its original review of this case, the Board found that the applicant agreed with the Physical Evaluation Board (PEB) medical findings, disability rating, and recommendation that she be separated with severance pay at the conclusion of her processing through the Army's Physical Disability Evaluation System (PDES). The evidence also shows the applicant's PDES processing was accomplished in accordance with the applicable law and regulation, and that the applicant concurred with the...
ARMY | BCMR | CY2008 | 20080015801
The applicants military personnel records contain a DD Form 214, with an effective date of 18 December 2000, that confirms he entered active duty on 1 November 2000 and was separated from the RA on 18 December 2000 with an uncharacterized discharge, under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-11, based on failure to meet procurement medical fitness standards with the Separation Code JFW. At the time he had completed 1 month and...
ARMY | BCMR | CY2008 | 20080015811
The FSM's military service records are not available to the Board for review. There are no orders in the FSMs available military service records that show he was awarded the Purple Heart. There is no evidence the FSM was awarded the Purple Heart.
ARMY | BCMR | CY2008 | 20080015819
IN THE CASE OF: BOARD DATE: 13 January 2009 DOCKET NUMBER: AR20080015819 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his DD Form 214 (Report of Transfer or Discharge) be corrected to show his award of the Bronze Star Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that, in addition to the awards listed on the DD Form 214, he is also authorized the Bronze Star Medal, two...
ARMY | BCMR | CY2008 | 20080015820
However, by regulation, in order to support award of the PH, there must be evidence that a member was wounded or injured as a direct result of or was caused by enemy action, that the wound required treatment by military medical personnel, and a record of this treatment must have been made a matter of official record. Absent any evidence of record to corroborate an injury/wound which the applicant received as a result of enemy action, or that confirms he was wounded in action in the RVN...
ARMY | BCMR | CY2008 | 20080015825
The applicant requests, in effect, that his undesirable discharge be upgraded, that all lost time due to being absent without leave (AWOL) be removed from his records and that he be present during the Board's hearing of his case. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) provides Department of the Army policy criteria and administrative instructions regarding an applicant's request for the correction of a military record. Army Regulation 635-212, in...
ARMY | BCMR | CY2008 | 20080015826
The applicant's military records are not available to the Board for review. The available evidence of record shows that the applicant served on active duty for approximately 1 year and 8 months, and was honorably discharged as a private. 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 | CY2008 | 20080015830
A thorough review of the applicants military personnel records revealed that there are no orders in the applicants records that show he was awarded the Purple Heart or Combat Infantryman Badge. There is no evidence in the applicants military personnel records that shows he was wounded or treated for wounds as a result of hostile action; his DA Form 20 does not show an entry in Item 40 (Wounds) or list the Purple Heart in Item 41 (Awards and Decorations); the applicant's name is not...
ARMY | BCMR | CY2008 | 20080015831
The applicant requests, in effect, that her records be corrected to show that she was advanced to pay grade E-3. The applicant requests, in effect, that her records be corrected to show that she was advanced to pay grade E-3. Since the date of rank and effective date are in the month the applicant first became eligible for advancement to pay grade E-2 (March 1991), this Personnel Action appears to have been properly prepared.
ARMY | BCMR | CY2008 | 20080015833
IN THE CASE OF: BOARD DATE: 24 March 2009 DOCKET NUMBER: AR20080015833 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that: a. her DD Form 214 (Report of Separation from Active Duty), with the period ending 16 June 1978, be corrected to show she entered the military under the delayed entry program (DEP); b. she be issued a DD Form 214 that shows her service in the U.S. Army Reserve (USAR); and c. her DD Form 214 show her promotion to the rank of sergeant...
ARMY | BCMR | CY2008 | 20080015836
The applicant states, in effect, that he was told by his squadron commander that he would have an RE code that would allow him to reenter the military after 4 years. The SPD code of JKK was the appropriate code for the applicant based on the guidance provided in this regulation for Soldiers separating under the provisions of paragraph 14-12c(2), Army Regulation 635-200, by reason of misconduct - drug abuse. Evidence of record shows that the applicant was separated from the service for...
ARMY | BCMR | CY2008 | 20080015837
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that the Letter of Reprimand (LOR), dated 13 June 1983, be removed from his Official Military Personnel File (OMPF) and that the reason for his discharge be changed. Part IIIc (Demonstrated Performance of Present Duty) showed that the rater provided generally favorable comments in Item 1 (Rater Evaluation); however, the rater did include the comment that indicated...
ARMY | BCMR | CY2008 | 20080015838
On 10 April 1961, the applicants immediate commander recommended the applicant appear before a board of officers and be considered for elimination from the service in accordance with Army Regulation 635-208 (Personnel Separations) for unfitness. Accordingly, the applicant was discharged on 16 May 1961. The applicants entire record of service was considered; however, there is no evidence in the available records and the applicant did not provide any evidence showing that his misconduct...
ARMY | BCMR | CY2008 | 20080015839
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 AR20080008018, on 21 August 2008. A DA Form 2627-1 (Record of Proceedings Under Article 15, UCMJ), dated 30 September 1966, shows that nonjudicial punishment was imposed against the applicant for disobeying a lawful order. A DA Form 2627-1 (Record of Proceedings Under Article 15,...