ARMY | BCMR | CY2008 | 20080017387
The applicant requests, in effect, that the U.S. Army recognize his Department of Veterans Affairs (VA) disability rating of 100 percent for his service-connected disability and correction of his record to show he was medically retired from the U.S. Army. The applicant's military personnel records contain a copy of a DD Form 214 (Certificate of Release or Discharge from Active Duty) that shows the applicant entered this period of active duty on 1 February 1995 and was honorably discharged...
ARMY | BCMR | CY2008 | 20080017389
The applicant requests correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show award of the National Defense Service Medal, Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, and the Armed Forces Reserve Medal with "M" Device. He was released from active duty and served as an enlisted member of the Alabama ARNG until 4 June 2002. Records clearly show that the applicant was ordered to active duty in support of a...
ARMY | BCMR | CY2008 | 20080017393
The applicant further submits a copy of the divorce decree that shows she was granted a divorce from the FSM on 30 May 2000. The evidence of record shows the FSM and his former spouse, the applicant, were married on 27 October 1973. The evidence also shows the FSM and the applicant were divorced on 30 May 2000 and their divorce decree did not indicate continued coverage under the SBP as a former spouse.
ARMY | BCMR | CY2008 | 20080017394
On 11 January 1985, the applicant was sentenced, pursuant to his plea agreement, in the Thirtieth Judicial District Court, State of Louisiana, to serve 21 years of imprisonment at hard labor for manslaughter and 10 years of imprisonment at hard labor for aggravated battery, with sentences to be served consecutively. On 3 February 1985, the applicant's commander initiated action to separate the applicant from the service under the provisions of Army Regulation 635-200, chapter 14, for...
ARMY | BCMR | CY2008 | 20080017395
The applicant requests, in effect, that his general discharge be upgraded to an honorable discharge and that his military records be corrected to show that his middle name is Alphonso instead of Alfonso. Army Regulation 635-200, paragraph 3-7b, provided that a general discharge is a separation from the Army under honorable conditions. The applicant contends that his general discharge should be upgraded to an honorable discharge and that his military records should be corrected to show that...
ARMY | BCMR | CY2008 | 20080017398
There are no orders in the applicant's service personnel record to show she was again ordered to active duty for training on 5 December 2001, the date that corresponds to the date entered active duty currently shown on her DD Form 214. Item 35 of the applicant's DA Form 2-1 shows the applicant was released from her AIT and returned to her parent unit on 17 July 2001; however, there is no evidence a DD Form 214 was prepared to document the completion of her IADT and her release from this...
ARMY | BCMR | CY2008 | 20080017404
The applicant served in Vietnam from 24 June 1969 to 12 March 1970, but his DD Form 214 does not show that he was awarded the Vietnam Service Medal or the Republic of Vietnam Campaign Medal with 1960 Device. The applicant participated in two campaigns during his service in Vietnam from 24 June 1969 to 12 March 1970, but his DD Form 214 does not show that he was awarded the Vietnam Service Medal with two bronze service stars or the Republic of Vietnam Campaign Medal with 1960 Device. ...
ARMY | BCMR | CY2008 | 20080017408
The applicant requests that his honorable discharge be changed to a medical discharge. 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 commander then forwarded a recommendation to discharge the applicant under the EDP.
ARMY | BCMR | CY2008 | 20080017409
The applicant requests that a DA Form 2627 (Record of Proceedings Under Article 15, UCMJ [Uniform Code of Military Justice]) imposed on 27 July 2006 be removed from his record. A review of the applicants service section of his official military personnel file (OMPF) and his military personnel records jacket (MPRJ) on the integrated Personnel Electronic Records Management System revealed a copy of the DA Form 2627 in question contained in the case files for approved separations. The...
ARMY | BCMR | CY2008 | 20080017410
Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows his awards as the Army Commendation Medal (three awards), Army Achievement Medal (two awards), National Defense Service Medal, Presidential Unit Citation (two awards), Global War on Terrorism Service Medal, Iraq Campaign Medal [with bronze service star], Army Service Ribbon, Overseas Service Ribbon (two awards), Combat Action Badge, and the Driver and Mechanic...
ARMY | BCMR | CY2008 | 20080017413
The applicant requests, in effect, that his June 2003 flagging action be rescinded and that an adjustment to his promotion effective date and date of rank for major be made. The applicant's DA Form 5500-R, dated 2 October 2004, shows he was in compliance with Army height and weight standards. However, it appears the applicant was promoted to major in accordance with Title 10, United States Code, Section 14311, which provided for an officer's promotion 18 months after the approval date of...
ARMY | BCMR | CY2008 | 20080017415
Application for correction of military records (with supporting documents provided, if any). The evidence of record shows the applicant was authorized HFP/IDP during the period 1 March 2006 to 30 November 2006 for his service in an HFP/IDP area (Kuwait) in support of Operation Iraqi Freedom. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from Item 12, block f of his DD Form 214 the entry 0000 [years],...
ARMY | BCMR | CY2008 | 20080017418
The applicant provides his DD Form 214, two partial copies of his Bronze Star Medal certificate, a DA Form 638 (Recommendation for Award) which awarded him the Army Commendation Medal, orders, dated 30 June 2006, which awarded him the Combat Action Badge, orders, dated 15 January 2003, which ordered him to active duty on 16 January 2003, a memorandum, dated 4 August 2003, with an attached roster which essentially shows, in part, that he was mobilized for Operation Enduring Freedom/Noble...
ARMY | BCMR | CY2008 | 20080017419
The applicant requests, in effect, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 22 May 1970, to show award of the Bronze Star Medal, the Combat Infantryman Badge, and the Air Medal. There are no orders in the applicants service personnel records that show he was awarded the Bronze Star Medal, the Combat Infantryman Badge, or the Air Medal. To be entitled to award of the Combat Infantryman Badge, based on the applicant having...
ARMY | BCMR | CY2008 | 20080017421
Paragraph 3-6 of Army Regulation 135-91 (Army National Guard and Army Reserve - Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures) provides that an ARNG or USAR officer (other than a commissioned warrant officer) who has accrued 20 years of qualifying service for retired pay is required to attain 50 points annually to be retained in an active status in the Selected Reserve, IRR, or Standby Reserve (Active List). This regulation also states...
ARMY | BCMR | CY2008 | 20080017422
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 evidence of record shows the applicant was awarded the Vietnam Service Medal. With respect to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, there is no evidence that the applicant's unit of assignment in the Republic of Vietnam was awarded this award...
ARMY | BCMR | CY2008 | 20080017423
On 30 January 2008, a PEB found the applicant unfit for his back pain, and rated him at 10% for tenderness to palpations; unfit for irritable bowel syndrome (abdominal pain) and rated him at 10%, moderate with frequent episodes, but no constant abdominal distress; and unfit for PTSD, rated at 0% as the condition was not being treated and the applicant was able to care for his two children full time and the main unfitting component of the condition was the danger of exacerbation should he be...
ARMY | BCMR | CY2008 | 20080017424
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show a "combat award." However, there is no evidence in the available records, nor has he submitted any evidence to show that he was entitled to any combat award. In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.
ARMY | BCMR | CY2008 | 20080017426
He also requests that Item 29 (Wounds Received as a Result of Action With Enemy Forces) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) with an effective date of 9 September 1952 be corrected to show "shrapnel wound to left arm." VA Rating Decision, dated 10 September 2008, granted the applicant service connection for residuals of a shrapnel wound to his left arm as ordered by the BVA. In the absence of military records which show that the applicant was...
ARMY | BCMR | CY2008 | 20080017427
The applicant requests correction of his uncharacterized discharge to a medical discharge. The DD Form 214 he was issued at the time of his discharge confirms he was discharged under the provisions of chapter 11 of Army Regulation 635-200 with a reason for separation of entry-level performance and conduct and an uncharacterized characterization of service. The Army must find that a service member is physically unfit to reasonably perform his or her duties and assign an appropriate...
ARMY | BCMR | CY2008 | 20080017428
The applicant states, in effect, based on his military medical records and notes from his commander he should have received a medical discharge. He was discharged for severe depression according to medical records and the commander used the article stating personality disorder. The applicant's military records show he enlisted in the United States Army Reserve on 18 February 1975.
ARMY | BCMR | CY2008 | 20080017429
The applicant also acknowledged she understood that if her request for discharge was accepted, she may be discharged under conditions other than honorable, and that she understood the possible effects of an Under Other Than Honorable Conditions Discharge Certificate. The fact that the applicant is requesting that her general discharge be upgraded to an honorable discharge in order to obtain education benefits was considered. However, The Army Board for Correction of Military Records does...
ARMY | BCMR | CY2008 | 20080017435
This official states that PCS orders establish the authority for PCS allowances and without PCS orders any move executed by a Soldier is at the Soldier's cost. The applicant's claim that his curtailment and reassignment to Fort Bragg was approved in 2007, and that this was the basis for his wife moving from New York to North Carolina, is not supported by the evidence of record or the independent evidence he provides. Absent any orders or other documents approving or directing the...
ARMY | BCMR | CY2008 | 20080017440
The applicant requests, in effect, correction of his military records to show that he was awarded the Global War on Terrorism Expeditionary Medal for service in Kuwait, the Iraq Campaign Medal and the Meritorious Unit Commendation. The applicant contends that his military records should show award of the Iraq Campaign Medal in addition to the Global War on Terrorism Expeditionary Medal and the Meritorious Unit Commendation. The available evidence clearly shows the applicant served in Iraq...
ARMY | BCMR | CY2008 | 20080017443
On 2 March 1989, the separation authority approved the applicants discharge, under the provisions of chapter 14 of AR 635-200 by reason of misconduct, and directed the applicant be furnished a General Discharge Certificate. The evidence of record shows that the applicants discharge was appropriate because the quality of his service was not consistent with the Army standards of acceptable personal conduct and performance of duty by military personnel. _______ _XXX _______...
ARMY | BCMR | CY2008 | 20080017445
The applicant requests, in effect, that her discharge under other than honorable conditions be upgraded to an honorable discharge. On 10 June 1988, the applicant voluntarily requested discharge for the good of the service under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 10 (for the good of the service in lieu of court-martial). Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
ARMY | BCMR | CY2008 | 20080017447
The applicant requests his general discharge under honorable conditions be upgraded to an honorable discharge. Individuals discharged under this regulation were issued either a general or honorable discharge. In view of the foregoing, there is insufficient evidence to upgrade the applicant's general discharge under honorable conditions.
ARMY | BCMR | CY2008 | 20080017455
The applicant requests, in effect, that his general discharge under the Department of Defense (DOD) Special Discharge Review Program (SDRP) be upgraded to a true general discharge under historically consistent uniform standards. On 25 July 1977, the applicant's discharge was upgraded from an undesirable discharge to a general, under honorable conditions discharge under the DOD SDRP. This program, known as the DOD SDRP, required, in the absence of compelling reasons to the contrary, that a...
ARMY | BCMR | CY2008 | 20080017457
Thus, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 23 March 1999 through 22 March 2002, and to add this award to Item 13 of his DD Form 214. Furthermore, the evidence of record confirms that based on the applicants active duty service on and after 11 September 2001, and his service in Iraq in support of OIF he is also entitled to the GWOTSM and the ICM with 2 bronze service stars. As a result, the Board recommends that all...
ARMY | BCMR | CY2008 | 20080017458
However, on 28 June 1983 the applicant was discharged under other than honorable conditions under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 10. On 19 May 1987, the Army Discharge Review Board denied the applicant's request for an honorable discharge. __________X_______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ARMY | BCMR | CY2008 | 20080017459
The applicant requests that his separation code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from "JFV" to "JDR" and that his reentry eligibility (RE) code be changed from a "3" to a "1." The document submitted by the applicant regarding the question of the functioning of his left kidney indicates that the left kidney shows delayed opacification. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will...
ARMY | BCMR | CY2008 | 20080017460
The applicant states that she believes that the NCOER was influenced by a third party, her battalion command sergeant major (CSM). For the applicant's overall performance, the applicant's rater rated her in the second block in a five-block rating system, and her senior rater rated her in the first block. The applicant's contention that there were inconsistencies with the ESRB's consideration of her request is not supported by the evidence of record.
ARMY | BCMR | CY2008 | 20080017462
On 20 February 2008, the Army Discharge Review Board denied the applicant's request to change his narrative reason for separation. The applicant's resignation from the Army under the provisions of chapter 4, Army Regulation 600-8-24, in lieu of further elimination proceedings was voluntary, administratively correct, and in compliance with applicable regulations. Had he not resigned his commission, and since he provides no evidence or even a contention that he did not have the inappropriate...
ARMY | BCMR | CY2008 | 20080017463
The applicant requests, in effect, correction of her date of birth on her DD Form 214 (Report of Separation from Active Duty). This date of birth is consistent with the date of birth documented throughout the applicant's service record created upon her enlistment and in the records and documents prepared and published throughout her tenure on active duty. The applicant is advised that a copy of this decisional document along with her application and the supporting evidence she provided,...
ARMY | BCMR | CY2008 | 20080017464
The applicant served a period of qualifying service in Vietnam for award of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960). Therefore, his DD Form 214 should be corrected to show award of the Vietnam Service Medal with two bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army...
ARMY | BCMR | CY2008 | 20080017466
The applicant requests that block number 12b (Separation Date This Period) that is reflected on her Certificate of Release or Discharge from Active Duty (DD Form 214) be corrected to show that she was released from active duty (REFRAD) on 29 July 2008. The DD Form 214 that she was furnished shows that she was honorably REFRAD on 31 July 2008, under the provisions of Army Regulation 635-200, chapter 4, upon completion of her required active service service and she was transferred to the 91st...
ARMY | BCMR | CY2008 | 20080017467
The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show: a. award of the Army Commendation Medal (3rd Award), the Army Achievement Medal (4th Award), the Armed Forces Expeditionary Medal, the North Atlantic Treaty Organization (NATO) Medal, and the basic Parachutist Badge; b. that he possessed military occupational specialty (MOS) 11B (Infantryman); and c. that he completed the 11B course, a Spanish language course,...
ARMY | BCMR | CY2008 | 20080017469
Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service. However, the applicant's Bronze Star Medal with V Device orders show that he was wounded in action on 10 May 1970. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was awarded: the Purple Heart for wounds...
ARMY | BCMR | CY2008 | 20080017470
The applicant requests correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show an award of the Legion of Merit, a third award of the Meritorious Service Medal, the Army Commendation Medal, and the Armed Forces Expeditionary Medal. The applicant provides copies of his DD Form 214; certificate and orders for award of the Legion of Merit; certificate showing award of the Meritorious Service Medal for the period from 1 September 1991 to 30 April 1998; orders...
ARMY | BCMR | CY2008 | 20080017472
The applicant's military service records are not available to the Board for review. Special Orders Number 126 awarded the applicant the Combat Infantryman Badge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the RVN Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.
ARMY | BCMR | CY2008 | 20080017473
The applicant requests that the Good Conduct Medal be added to his DD Form 214 (Report of Separation from Active Duty). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Good Conduct Medal for the period from 12 July 1974 through 11 July 1977 and showing it as an authorized award on his DD Form 214. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the...
ARMY | BCMR | CY2008 | 20080017479
IN THE CASE OF: BOARD DATE: 13 JANUARY 2009 DOCKET NUMBER: AR20080017479 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. While the applicant is to be commended for his post-service accomplishments, they have no bearing on the period of service in the Regular Army that is now in question or the misconduct which served as the basis for his general discharge.
ARMY | BCMR | CY2008 | 20080017482
IN THE CASE OF: BOARD DATE: 6 January 2009 DOCKET NUMBER: AR20080017482 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The USAPDA legal advisor recommended the applicant's records be corrected to show a 100 percent disability rating vice 90 percent; however, with no change in compensation or benefits from the military. The evidence of records shows that after the PEB had convened and recommended the applicant be permanently retired for disability with a 90 percent rating, he suffered an...
ARMY | BCMR | CY2008 | 20080017487
He further states the record shows the applicant was considered and selected for promotion to CPT by the 1997 RCSB and was given a date of rank of 3 October 1998 as a TPU officer. Therefore, as recommended by HRC promotion officials, it would be appropriate and serve the interest of justice to refer the applicant's record to an SSB for consideration for promotion to CPT under the criteria of the 1994 (if otherwise eligible, given his 1 November 1994 REFRAD date) and 1995 promotion boards...
ARMY | BCMR | CY2008 | 20080017488
The applicant requests, in effect, that his 27 January 1997 discharge from the U.S. Army Reserve (USAR) be voided and that he be transferred to the USAR Control Group (Retired Reserve) effective 27 January 1997. This order discharged the applicant from the USAR. Had the applicant been reassigned to the Retired Reserve on 27 January 1997, his time in the Retired Reserve from then to now would count toward longevity service for retired pay; however, he would have remained subject to possible...
ARMY | BCMR | CY2008 | 20080017490
On 31 January 1985, the applicant's unit commander initiated action barring him from reenlistment. However, his records contained a copy of his DD Form 214 which shows that he was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, on 5 June 1987 for misconduct, commission of a serious offense. There is no evidence the applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge within its 15-year...
ARMY | BCMR | CY2008 | 20080017491
The applicant's request for discharge in lieu of court-martial is not on file in his service personnel record; however, on 1 October 1974, he was reassigned to the U.S. Army Transfer Point, by Headquarters, 25th Infantry Division, Special Orders Number 205, for the purpose of early separation for the good of the service with an undesirable discharge. The evidence of record shows the applicant was discharged under the provisions of Army Regulation 635-200, chapter 10, for conduct triable by...
ARMY | BCMR | CY2008 | 20080017495
Application for correction of military records (with supporting documents provided, if any). On 15 July 1971, the separation authority approved the applicant's request for discharge and directed the applicant be discharged under the provisions of chapter 10, Army Regulation 635-200, and that he receive a UD. The evidence of record confirms the applicant was AWOL for 414 days, an offense punishable under the UCMJ with a punitive discharge.
ARMY | BCMR | CY2008 | 20080017497
Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel. However, at the time of the applicant's separation, the regulation provided for the issuance of an undesirable discharge. 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 | CY2008 | 20080017498
For periods before 1 January 2004 (the date this statute was amended), members had to have disabilities for which they have been awarded the Purple Heart and are rated at least 10 percent disabled or who are rated at least 60 percent disabled as a direct result of armed conflict, specially hazardous duty, training exercises that simulate war, or caused by an instrumentality of war. Notwithstanding the applicant's contention, there is no evidence in the available record and the applicant has...