ARMY | BCMR | CY2008 | 20080016611
The applicant states, in effect, that he and his spouse declined enrollment into the SBP upon retirement. The evidence of record clearly shows that the applicant elected not to participate in the SBP. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he elected not to participate in the SBP, that his spouse concurred with his election on 26 June 2006, and that DFAS reimburse the applicant any SBP deductions...
ARMY | BCMR | CY2008 | 20080016613
The applicant requests, in effect, correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show his rank as specialist five, pay grade E-5. The evidence clearly shows that the applicant was serving in the rank of specialist five, pay grade E-5 at the time of his release from active duty and transfer to the United States Army Reserve. In view of the above, the applicants records should be corrected to show that his rank at the time of his...
ARMY | BCMR | CY2008 | 20080016614
The applicants military records are not available to the Board for review. The applicant provided a copy of his WD AGO Form 53-98 which shows the entry, "CAPT" [captain] in item 3. DISCUSSION AND CONCLUSIONS: There is no evidence of record which shows that the applicant was promoted to captain prior to his release from active duty and as such no evidence to confirm the entry in item 3 of his WD AGO Form 53-98.
ARMY | BCMR | CY2008 | 20080016616
He also requests, in effect, that his U.S. Army Reserve (USAR) discharge orders, dated 6 May 1992, be revoked and that he be transferred to the Retired Reserve. In an application, dated 25 October 2008, the applicant states that he completed 18 years of service when he was medically discharged due to an injury. Therefore, there is no basis for granting the applicant's request that his USAR discharge orders be revoked and that he be transferred to the Retired Reserve.
ARMY | BCMR | CY2008 | 20080016620
Military Personnel Records and advisory opinions (if any). That office also stated that in accordance with National Guard Regulation 600-100 (Commissioned Officer-Federal Recognition and Related Personnel Actions), chapter 8, paragraph 8-2b, the date of rank and effective date of promotion of an ARNG commissioned officer who was selected by a special selection board shall be the same dates the officer would have had, had the officer been recommended for promotion by the selection board...
ARMY | BCMR | CY2008 | 20080016621
The opinion states that the applicant was appointed an MSC officer on 16 March 2007 with 1 year, 4 months, and 11 days of constructive credit, adjusting his DOR to second lieutenant to 5 November 2005. He contended that the awarding of his constructive credit was in error, that he failed to be considered for a waiver as authorized by Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches), and that his reduction in rank from...
ARMY | BCMR | CY2008 | 20080016622
The applicant requests that 801st Brigade Support Battalion [BSB], 4th Brigade Combat Team [BCT] (Currahee), 101st Airborne Division [ABN DIV] (AASLT) [Air Assault], Forward Operating Base [FOB] Sharana, Afghanistan Permanent Orders 165-12, dated 13 June 2008, be removed from her official military personnel file (OMPF) on file in the integrated Personnel Electronic Records Management System (iPERMS). The applicant's military personnel record shows she initially enlisted in the Regular Army...
ARMY | BCMR | CY2008 | 20080016623
The applicant requests, in effect, that his 17 April 2006 release from active duty (REFRAD) be voided and that his records be corrected to show that he remained on active duty until he was retired by reason of physical disability on 28 August 2008, with entitlement to all back pay and allowances. Accordingly, the applicant was placed on the Retired List, effective 28 August 2008 with a 40% disability rating. In order to justify correction of a military record the applicant must show to the...
ARMY | BCMR | CY2008 | 20080016626
Application for correction of military records (with supporting documents provided, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Unfortunately, with the presumed loss of the applicant's official military records in the 1973 fire, the burden of proving an error or injustice falls on the applicant.
ARMY | BCMR | CY2008 | 20080016630
The applicant requests reconsideration of the Army Board for Correction of Military Records (ABCMR) Docket Number AR20070018019 that denied the addition of the Bronze Star Medal with "V" device and a second Bronze Star Medal for meritorious achievement to his DD Form 214 (Report of Separation from Active Duty) with an effective date of 6 September 1970. The ABCMR also determined there was insufficient evidence to show the applicant was awarded a second Bronze Star Medal for meritorious...
ARMY | BCMR | CY2008 | 20080016631
The military documents that are on file in the applicants Official Military Personnel File show that the applicant served under the surname G - - - s up until her release from active duty in 1999. The evidence shows the applicant enlisted in the USAR and entered on active duty in 1980 and 1988, respectively, under the surname of Y - - - g. In reviewing the available record, it appears the applicant was subsequently married and began using the surname of Y - - - g-O - - - s. In October...
ARMY | BCMR | CY2008 | 20080016632
The applicant requests, in effect, correction to the WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), Item 34 (Wounds Received in Action), of her late father, a former service member (FSM). The available military records show that the FSM was inducted into the Army of the United States, in pay grade E-1, on 27 December 1943 and entered on active duty on the same day. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2008 | 20080016634
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 12f the entry "0000 00 00"; b. adding to item 12f of the applicant's DD Form 214 the entry "0000 06 00"; c....
ARMY | BCMR | CY2008 | 20080016635
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his correct primary military occupational specialty (MOS), foreign service in Iraq, and his correct mailing address after separation. Item 12f (Foreign Service) of his DD Form 214 shows the entry "000 00 00" indicating he did not complete any foreign service; c. Item 18 (Remarks) of his DD Form 214 does not show any service in a Hostile Fire Pay/Imminent Danger Pay...
ARMY | BCMR | CY2008 | 20080016640
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 imposition of a bad conduct discharge or a discharge under other than honorable conditions. The DD Form 214 he was issued at the time shows he was discharged for the good of the service with a character of service of under other than honorable conditions. The evidence of record...
ARMY | BCMR | CY2008 | 20080016641
However, the DD Form 214 (Report of Separation from Active Duty) issued to the applicant on the date of his separation confirms that he entered active duty this period on 20 August 1973, was discharged under other than honorable conditions under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), Chapter 10 (Discharge for the Good of the Service), and he was issued an Undesirable Discharge Certificate. The applicant contends, in effect, his request to...
ARMY | BCMR | CY2008 | 20080016642
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. On 19 July 1985, the Army Discharge Review Board denied the applicant's request to upgrade his discharge. On 18 March 1992, this Board denied the applicant's request to upgrade his discharge.
ARMY | BCMR | CY2008 | 20080016643
Application for correction of military records (with supporting documents provided, if any). It states, in pertinent part, that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action; that the wound required treatment by military medical personnel; and a record of this medical treatment must have been made a matter of official record. However, by regulation, in order to support award of the PH...
ARMY | BCMR | CY2008 | 20080016644
The DD Form 214 that he was issued at the time of his discharge shows that he completed only 1 year, 9 months, and 13 days of active duty service, and that he had 489 days of lost time. Additionally, he provided a third-party letter, dated 31 July 2008, from a pastor who essentially stated that he has known the applicant for at least 10 years and that he has talked to the applicant several times in the month prior to his letter. Soldiers discharged by reason of unfitness were normally...
ARMY | BCMR | CY2008 | 20080016646
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 12 April 1968 to show award of the Combat Infantryman Badge. The applicant states, in effect, that his DD Form 214 is in error and should show award of the Combat Infantryman Badge. The evidence of record shows that while serving in Vietnam his primary specialty was 13B in an artillery unit, which makes him ineligible for award of the...
ARMY | BCMR | CY2008 | 20080016649
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. The evidence of record contains a properly constituted DD Form 214 that shows the applicant was discharged under the provisions of paragraph 5-13, Army Regulation 635-200, by reason of personality disorder, and he was assigned a separation code of JFX and an RE code of 3. Those individuals can best advise...
ARMY | BCMR | CY2008 | 20080016650
On 2 December 1981, the applicant's commanding officer informed him that he was being considered for elimination from the service for misconduct under the provisions of Chapter 14 (Separation for Misconduct), Army Regulation 635-200 (Personnel Separations - Enlisted Personnel). The applicant also failed to provide any evidence which proves that the discharge was rendered unjustly, in error, or that there were mitigating circumstances which warrant the upgrade. Based on his record of...
ARMY | BCMR | CY2008 | 20080016651
On 13 October 1993, the applicant was notified of his pending separation under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 13, for unsatisfactory performance. Accordingly, the applicant was discharged with a general discharge on 5 November 1993 under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance. The regulation states the reason for discharge based on separation code JHJ is Unsatisfactory...
ARMY | BCMR | CY2008 | 20080016653
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial.
ARMY | BCMR | CY2008 | 20080016657
Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who had completed a qualified period of active duty enlisted service. The available evidence shows the applicant 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: a. awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior,...
ARMY | BCMR | CY2008 | 20080016658
The applicant states, in effect, he elected SBP coverage when he retired in 1996. While deployed to Iraq, the applicant discovered the beneficiary for his military retirement pay was his ex-wife. In the process he made the election to resume existing coverage for his new wife instead of making a decision to cancel his SBP coverage.
ARMY | BCMR | CY2008 | 20080016660
To qualify, service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days; c. the National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined; and d....
ARMY | BCMR | CY2008 | 20080016661
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The regulation provides 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. The applicant has failed to show through the evidence submitted with his application or the evidence of record that his assigned RE Code is in error or unjust.
ARMY | BCMR | CY2008 | 20080016663
The applicant states that he was awarded the NCOPDR with Numeral "3" by the Army Board for Correction of Military Records in Docket Number AR20070010373, dated 3 April 2008, for completion of an advanced level professional development course in 1980. Army Regulation 350-1 (Army Training and Leader Development), currently in effect, does not show that the Senior Course for Reserve Component Noncommissioned Officers is equivalent to the U.S. Army Sergeants Major Course. However, there is no...
ARMY | BCMR | CY2008 | 20080016665
IN THE CASE OF: BOARD DATE: 19 March 2009 DOCKET NUMBER: AR20080016665 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. However, the applicant's DD Form 214 (Report of Separation from Active Duty) shows he was discharged on 3 July 1975 with an undesirable discharge (characterized as under other than honorable conditions) under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 13 (Separation for Unfitness or Unsuitability), paragraph 13-5a(1) by...
ARMY | BCMR | CY2008 | 20080016666
The applicant was promoted to first lieutenant on 18 May 2008. The applicant was promoted under the two year TIG policy and given a DOR of 18 May 2008. Evidence of record shows the applicant was commissioned a second lieutenant in the USAR, Army Nurse Corps, on 28 March 2008 with a DOR of 19 May 2006 and entered active duty that date.
ARMY | BCMR | CY2008 | 20080016667
The applicant requests that item 11 (Primary Specialty Number, Title and Years and Months in Specialty) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show secondary military occupational specialty (MOS) 75B (personnel administrative specialist). There is no evidence of record which shows the applicant was awarded MOS 75B. _______ _ __XXX_____ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the...
ARMY | BCMR | CY2008 | 20080016668
The applicant states that his DD Form 214 does not reflect his service in Korea, but his orders and discharge document show foreign service. The applicant provides the following documents in support of his application: a copy of his DD Form 214; his reassignment orders to Korea, dated 8 April 1992; a U.S. Department of Defense, Office of the Assistant Secretary of Defense (Public Affairs), News Release announcing the Korea Defense Service Medal; an electronic message, dated 15 November...
ARMY | BCMR | CY2008 | 20080016669
It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Enlisted Qualification Record, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File. The evidence of record also shows the SSN that was recorded on his DD Form 214 with an ending date of 7 May...
ARMY | BCMR | CY2008 | 20080016675
The applicant's military personnel records are not available to the Board for review. The applicants records also contain a copy of his NGB Form 22 (Report of Separation and Record of Service in the Army National Guard of the United States and the Army National Guard of Tennessee) that shows the applicant enlisted on 26 March 1953 and was honorably discharged on 18 January 1955. There is no evidence of record, and the applicant provides insufficient evidence, that shows the applicant...
ARMY | BCMR | CY2008 | 20080016679
Application for correction of military records (with supporting documents provided, if any). The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows that on 9 February 1972, he was separated from active duty under provisions of Army Regulation 635-200 (Personnel Separations) with an honorable characterization of service after completing 2 years, 8 months, and 5 days of active military service. Army Regulation 600-8-22 (Military Awards) contains...
ARMY | BCMR | CY2008 | 20080016683
The applicant requests award of the Purple Heart for his injuries received during his service in Iraq. He points out that after serving 18 and 1/2 years of service and being injured in Iraq and considered "unfit" by the Army, he should be allowed to medically retire and receive benefits due to him. The applicant provides discharge orders; a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 4 March 2006; an eyewitness statement; a DA Form 2173...
ARMY | BCMR | CY2008 | 20080016684
The applicant requests that his completion of the Primary Leadership Development Course (PLDC) and his German Marksmanship Award for weapons qualification be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 5 May 1989. The applicant states that at the time of his separation all of the information was not taken from his "201 file" (DA Form 201 [Military Personnel Records Jacket (MPRJ), United States Army]). The applicant's military...
ARMY | BCMR | CY2008 | 20080016685
Although the applicant submitted three certificates showing award of the Purple Heart, two of the certificates were for wounds received on the same day and there is no further evidence nor did the applicant's record contain any further evidence to show he was wounded a third time while assigned to the Republic of Vietnam. Evidence of record shows he was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual be...
ARMY | BCMR | CY2008 | 20080016689
The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Meritorious Unit Commendation. The applicant provides a copy of his Record of Proceedings, dated 8 April 2008; a DD Form 215 (Correction to DD Form 214), dated 27 June 2008; a DD Form 214; an excerpt from Army Regulation 600-8-22; and an excerpt from Department of the Army Pamphlet 672-3 in support of his application. Department of the Army Pamphlet 672-3 does show that the Studies...
ARMY | BCMR | CY2008 | 20080016690
The applicant requests, in effect, that authorization to wear the Navy Unit Commendation ribbon be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 31 August 1963. The evidence shows the applicant served honorably on active duty during the periods 27 July 1950 through 27 July 1954 and 1 January 1961 through 14 August 1974 which were recognized for award of the National Defense Service Medal. As a result, the Board recommends that all...
ARMY | BCMR | CY2008 | 20080016691
This regulation further states that there is no time limit on submission of requests for award of the Purple Heart. In the absence of documentation that shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case. _______ _ XXX _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...
ARMY | BCMR | CY2008 | 20080016692
The evidence of record clearly shows that the FSM was wounded in action on 3 December 1950, but his DD Form 214 does not show that he was awarded the Purple Heart. Based on the FSM's award of the Korean Service Medal, he is entitled to correction of his military records to show the award of the United Nations Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds...
ARMY | BCMR | CY2008 | 20080016693
The applicant requests that his honorable discharge be changed to a medical discharge. Chapter 7 (Physical Profiling) of Army Regulation 40-501 (Standards of Medical Fitness) provides that the basic purpose of the physical profile serial system is to provide an index to the overall functional capacity of an individual and is used to assist the unit commander and personnel officer in their determination of what duty assignments the individual is capable of performing, and if reclassification...
ARMY | BCMR | CY2008 | 20080016694
The PEB recommended the applicant be placed on the TDRL with a disability rating of 30 percent with reexamination during July 1971. The examiner stated the applicant's schizophrenic reaction, paranoid type, was in complete remission and the recommendation was that he be removed from the TDRL and permanently medically discharged from the military service. Based on the zero percent disability rating and his having less than 20 years of active service, in accordance with Title 10, USC the...
ARMY | BCMR | CY2008 | 20080016695
The applicant requests, in effect, amendment to Item 26 (Separation Code) of his DD Form 214 (Certificate of Release or Discharge from Active Duty). Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 16-5a, in effect at the time, specified that a Soldier denied reenlistment could be voluntarily separated before the expiration of their term of service due to a HQDA imposed bar to reenlistment. The evidence shows the applicant was locally barred from reenlistment...
ARMY | BCMR | CY2008 | 20080016697
The applicant requests, in effect, correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty), Item 12f (Foreign Service), to reflect his service in Germany and deployments to Somalia and Cuba. Section IX also shows he returned to Germany on 7 February 2003 and remained until his separation from active duty for the purpose of retirement, a period of 2 years, 11 months, and 24 days. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2008 | 20080016698
The applicant requests, in effect, removal of a General Officer Memorandum of Reprimand (GOMOR) from his Official Military Personnel File (OMPF). 366th Mobile Public Affairs Detachment, Des Moines, Iowa, memorandum, dated 7 December 2004, addressed to the Deputy Commanding General of the 89th Regional Support Command [should read RRC], Subject: Memorandum of Rebuttal Concerning Reprimand dated 5 November 2004, shows the applicant requested a continuation on the disposition of his reprimand...
ARMY | BCMR | CY2008 | 20080016700
IN THE CASE OF: BOARD DATE: 21 January 2009 DOCKET NUMBER: AR20080016700 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. There is no evidence of record which shows the applicant was promoted to corporal prior to his discharge on 10 March 1989. Since there is no evidence of record which shows the applicant was promoted to corporal prior to his discharge on 10 March 1989, there is no basis for granting the applicant's request.
ARMY | BCMR | CY2008 | 20080016704
The company commander also stated he was recommending the applicant receive an honorable discharge and that the least favorable characterization of service he may receive is other than honorable. There is no evidence the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations. Therefore, as a matter of justice, the applicants military service records should be corrected to show that he was honorably discharged effective...