ARMY | BCMR | CY2008 | 20080017499
On the same day, the applicant's commander initiated action to separate the applicant from the service under the provisions of Army Regulation 635-209 for unsuitability based on a diagnosed character and behavior disorder. Accordingly, he was discharged under honorable conditions on 15 August 1966, under the provisions of Army Regulation 635-209, for unsuitability due to a character and behavior disorder. There is no evidence to show that the applicant ever applied to the Army Discharge...
ARMY | BCMR | CY2008 | 20080017502
IN THE CASE OF: BOARD DATE: 21 January 2009 DOCKET NUMBER: AR20080017502 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). ___________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 | 20080017503
There is no evidence of record which shows the applicant was promoted back to SP4/pay grade E-4 prior to his placement on the TDRL. There is no evidence of record which shows the applicant was promoted back to SPC/pay grade E-4 prior to his placement on the TDRL. ABCMR Record of Proceedings (cont) AR20080017503 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080017503 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF...
ARMY | BCMR | CY2008 | 20080017506
The applicant acknowledged in his 4 October 2001 request for discharge that he understood 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. The convening authority agreed to approve the applicant's request for discharge in lieu of trial by court martial. The applicant requested a second chance.
ARMY | BCMR | CY2008 | 20080017507
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, award of the National Defense Service Medal (NDSM) (2nd Award) and the Global on War Terrorism Service Medal (GWOTSM). It is authorized to be awarded to members who served on active duty in Korea from 28 July 1954 to a date to be determined.
ARMY | BCMR | CY2008 | 20080017511
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 1 August 1967 to show award of the Purple Heart, the Silver Star, the Army Commendation Medal, the Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. There are no general orders in the applicants service personnel records that show he was awarded the Purple Heart, but his name appears on the Vietnam...
ARMY | BCMR | CY2008 | 20080017513
He adds that his lead appellate defense counsel was ineffective because she was not a member of the Virginia State Bar or the District of Columbia Bar; she did not contact him until 6 months after his appeal was filed; and she refused to appeal his case to the U.S. Supreme Court. Orders 37-505, Headquarters, 3rd Infantry Division and Fort Stewart, dated 6 February 2007, reassigning the applicant to the Fort Knox, KY, Regional Confinement Facility; c. General Court-Martial Order Number 27,...
ARMY | BCMR | CY2008 | 20080017516
Application for correction of military records (with supporting documents provided, if any). The applicant's records confirm he held the rank of PFC at the time of his REFRAD on 17 February 1983, and this is the rank properly reflected on the DD Form 214 he was issued upon his separation from active duty. 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 | 20080017518
The applicant provides a checklist for submission of request(s) for the Combat Action Badge; a DA Form 4187 (Personnel Action) for a Soldier, not herself; a Kansas National Guard Medal of Excellence for exceptional meritorious service and valor in combat while serving as a Combat Medic in Operation Iraqi Freedom; State of New York Orders Number 025-044, dated 25 January 2006; State of New York Orders Number 081-197, dated 22 March 2007, amending State of New York Orders Number 025-044, dated...
ARMY | BCMR | CY2008 | 20080017519
There is no evidence in the available records which show that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. In the absence of orders or other evidence of record showing that the applicant was injured or treated for wounds as a result of hostile action in Vietnam, the eyewitness statement provided by the applicant is not sufficient as a basis for award of the Purple Heart. Regrettably, there is insufficient evidence on which to base...
ARMY | BCMR | CY2008 | 20080017521
Application for correction of military records (with supporting documents provided, if any). The applicants military personnel records are absent any orders or other evidence that he was awarded the Army Commendation Medal. Specifically, there are no orders or other evidence in the applicants records that shows he was awarded the Army Commendation Medal.
ARMY | BCMR | CY2008 | 20080017522
The applicant provides in support of his application an undated statement from a retired master sergeant and a copy of a letter dated 24 September 2008 from the VA notifying him that he has been awarded compensation benefits rated at 70 percent. The PEB found the applicant physically unfit for continued service and recommended that he be assigned a 10 percent disability rating and separated with severance pay. The PEB found the applicant physically unfit for continued service and...
ARMY | BCMR | CY2008 | 20080017524
On 23 March 1992, the applicants immediate commander initiated a Bar to Reenlistment Certificate against the applicant citing his two instances of nonjudicial punishment, civilian DWI conviction, and history of counseling. There is no evidence in the applicant's record, and the applicant did not provide substantiating evidence, that shows he suffered from shock before, during, or subsequent to his service in the war (presumably Southwest Asia). The evidence of record shows that the...
ARMY | BCMR | CY2008 | 20080017525
Application for correction of military records (with supporting documents provided, if any). On 22 October 1980, the unit commander notified the applicant of his intent to initiate separation action on her under the provisions of chapter 13-4c, Army Regulation 635-200, for unsuitability. The evidence of record also confirms the applicant's disciplinary history which included her acceptance of NJP for being AWOL for 15 days which clearly diminished the quality of her service below that...
ARMY | BCMR | CY2008 | 20080017529
The applicant requests that he be given Board Certification Pay (BCP) for the period 1 July 2001 to 30 November 2005. Title 37, U.S. Code, Pay and Allowances of the Uniformed Services, chapter 5, Special and Incentive Pays, section 302, Special Pay: Medical Officers of the Armed Forces, states that variable, additional, and BCP is authorized to officers of the Medical Corps of the Army or the Navy or an officer of the Air Force designated as a medical officer and who is on active duty under...
ARMY | BCMR | CY2008 | 20080017531
Evidence of record shows the applicant was eligible to execute a one-year obligatory MASP for $15,000/year effective 1 July 2001. Based on the foregoing, it would be equitable to correct the applicants military records to show he executed an MASP contract for the period 1 July 2001 to 30 June 2002 and to adjust the annual periods accordingly. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adjusting the current MSAP...
ARMY | BCMR | CY2008 | 20080017533
On 6 May 1982, after carefully reviewing the applicant's entire record of military service and the issues and evidence he presented in his application, the Army Discharge Review Board (ADRB) determined the applicant's discharge was proper and equitable, and it voted to deny his request for an upgrade of his 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...
ARMY | BCMR | CY2008 | 20080017536
Counsel requests correction of the applicant's DD Form 214 to show his award of the Combat Action Badge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding award of the Combat Action Badge to the applicant's DD Form 214. XXX _________________________ 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 | 20080017537
The applicant requests, in effect, correction of his official military personnel file (OMPF) by removal of an erroneous award that is not his. The applicants contention that he was not selected for promotion to colonel because an erroneous award was filed in his OMPF is not substantiated by any evidence of record. As a result, the Board recommends denial of so much of the application that pertains to consideration of the applicants record by a SSB for promotion to colonel.
ARMY | BCMR | CY2008 | 20080017538
The applicant's military records show she enlisted in the Puerto Rico ARNG (PRARNG), in pay grade E-4, on 4 November 1998, for 8 years. The evidence of record shows that the applicant made an election to terminate SGLI coverage for her spouse in September 2003. With respect to her claim, there is no evidence in the record and the applicant did not provide any substantiating evidence that shows there is a debt for $4,500.00 or that this amount was deducted from her severance pay.
ARMY | BCMR | CY2008 | 20080017539
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. These codes are contained on military discharge documents and determine whether or not one may reenlist or enlist in a military service at a later time. Since the reason for a Soldier's separation drives the SPD issued, which in turn determines what RE code is authorized, and the applicant has provided no...
ARMY | BCMR | CY2008 | 20080017542
The applicant requests correction of his military records to show that he changed his election for Survivor Benefit Plan coverage from spouse to former spouse. On 27 March 1997, the applicant elected SBP coverage for his spouse based on his full gross retirement pay. The evidence clearly shows that the applicant elected full coverage for his spouse at the time of his retirement and that his spouse at the time concurred.
ARMY | BCMR | CY2008 | 20080017544
Paragraph 5-11 specifically provides that Soldiers who were not medically qualified under procurement medical fitness standards, when accepted for enlistment, or who became medically disqualified under these standards prior to entrance on active duty or active duty training for initial entry training will be separated. While the applicant's separation packet is not available for review, in order to be separated for failure to meet procurement medical fitness standards, a Soldier must be...
ARMY | BCMR | CY2008 | 20080017545
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his military records to remove his nonjudicial punishment (NJP) dated 30 August 2004, and to change his Separation Program Designator Code (SPD). On 3 November 2004, the applicant's commander informed him of his intention to initiate action to separate him from the military service based on wrongful use of cocaine (twice) and making a false official statement.
ARMY | BCMR | CY2008 | 20080017546
The applicant requests that he be paid $33,000.00 in Army College Fund (ACF) benefits as outlined in his enlistment contract. The applicants military records may be corrected to show his DA Form 3286-66 was amended to include the sentence, "If ACF benefits in the amount of $33,000.00 (exclusive of MGIB benefits) were authorized by the official processing you for enlistment and the Government fails to pay the full amount under the appropriate provisions and such failure results in...
ARMY | BCMR | CY2008 | 20080017550
Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. Table 2-1 states that when the Soldier retires (including temporary and permanent disability), and is placed on the Army of the United States (AUS) retired list and is transferred to the Retired Reserve (applicable to Regular Army (RA) enlisted Soldiers with less than 30 years active Federal service (AFS) and Army...
ARMY | BCMR | CY2008 | 20080017552
The applicant requests, in effect, correction of his military records to show that he was discharged in the rank of sergeant (SGT), pay grade E-5. The available evidence of record shows: a. Subsequent orders, dated in 2002 and 2004, show his rank as SPC.
ARMY | BCMR | CY2008 | 20080017553
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant consulted with counsel and waived his rights to have a board of officers consider his case unless he was going to be subject to a discharge under other than honorable conditions. Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel.
ARMY | BCMR | CY2008 | 20080017557
The narrative for award of the Bronze Star Medal shows he was personally present and under fire while performing duties during the Operation Iraqi Freedom. Therefore, there is insufficient evidence to grant the request for award of the CMB in this case. Records show the applicant was awarded the Army Commendation Medal.
ARMY | BCMR | CY2008 | 20080017558
The applicant requests that her records be corrected by upgrading her reentry code (RE Code) from RE-3 to RE-1 so she may reenter military service. The SPD/RE Code Cross Reference Table in effect at the time of the applicant's discharge shows that an RE code of 3 is the applicable RE code assigned for individuals separated for this reason. Those individuals can best advise a former service member as to the needs of the service at the time and may process enlistment waivers for the...
ARMY | BCMR | CY2008 | 20080017559
Application for correction of military records (with supporting documents provided, if any). There is no evidence the applicant was awarded the Combat Infantryman Badge. The applicant contends, in effect, that his records should be corrected to show award of the Combat Infantryman Badge because he served in SWA during Operation Desert Storm as a forward observer while attached to an infantry unit.
ARMY | BCMR | CY2008 | 20080017561
The applicant requests, in effect, that his name and social security number be corrected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. ABCMR Record of Proceedings (cont) AR20080017561 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080017561 2 ARMY BOARD FOR...
ARMY | BCMR | CY2008 | 20080017563
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he served in Turkey during the Gulf War. 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 evidence of record shows the applicant deployed to Turkey from 26 February...
ARMY | BCMR | CY2008 | 20080017566
IN THE CASE OF: BOARD DATE: 30 April 2009 DOCKET NUMBER: AR20080017566 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests to be considered for promotion to sergeant major under the criteria of the two promotion boards that he states he was not considered for after being placed in a medical hold status in November 2004. He states he was fully eligible and qualified for promotion to sergeant major but his record did not go before the board for consideration while he was...
ARMY | BCMR | CY2008 | 20080017568
The DVA document provided by the applicant is new evidence which will be considered by the Board. There are no medical records available. The two entries in the Daily Battalion Journal previously submitted by the applicant do not identify the applicant by name as being wounded in action on 26 December 1944 and 26 February 1945.
ARMY | BCMR | CY2008 | 20080017569
IN THE CASE OF: BOARD DATE: 11 August 2009 DOCKET NUMBER: AR20080017569 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. This document further shows the applicant had time lost under Title 10, U.S. Code, section 972, from 27 March 1992 to 26 November 1993. The evidence of record shows the applicant was convicted by a GCM and he received a BCD.
ARMY | BCMR | CY2008 | 20080017570
The applicant requests, in effect, that the Officer Evaluation Report (OER) he received for the period 15 June 2002 through 1 June 2003 be removed from his Official Military Personnel File (OMPF), and that his record be submitted to a grade determination board to determine whether or not he should be promoted to colonel (COL). The evidence of record shows the report in question was a favorable COM report and contained recommendations that the applicant be promoted at the first opportunity...
ARMY | BCMR | CY2008 | 20080017575
Department of the Army Personnel Policy Guidance, in effect at the time of the applicant's mobilization, stated that the COTTAD policy applied to Soldiers in the following categories: Category 1: Applies to Soldiers preparing for mobilization who do not have sufficient partial mobilization authority under Title 10, U.S. Code, section 12302 remaining to complete required Boots On Ground (BOG) period with their units, and voluntarily request a COTTAD in order to complete 12 months BOG with...
ARMY | BCMR | CY2008 | 20080017577
The applicant provides the following documents in support of his application: April 2008 Senior Enlisted Promotion Board Recommended List; 88th RRC Promotion/Position Assignment Notification (electronic mail (e-mail)), dated 25 July 2008; Department of the Army, Office of the Assistant Secretary Manpower and Reserve Affairs (ASA & MRA) dated 28 June 2006, Subject: Promotion Policies for Reserve Component (RC) Enlisted Soldiers on Active Duty for Operational Support (ADOS) in Excess of 12...
ARMY | BCMR | CY2008 | 20080017579
Soldiers who volunteer to remain on active duty beyond the 24 month [730 days] mobilization authorized under the involuntary provisions of Title 10, U.S. Code, section 12302 and to serve under the provisions of Title 10, U.S. Code, section 12301(d) on an extended tour up to 12 additional months or to be reassigned to another unit upon completion of 12 months BOG in Iraq, Afghanistan, or certain theater units for up to 12 additional months are eligible for voluntary AIP. Additionally, the...
ARMY | BCMR | CY2008 | 20080017581
The applicant states that he met the requirements for requesting an education waiver and submitted the request for a military education waiver to his branch manager prior to the Fiscal Year 2008 (FY08) Reserve Components Selection Board (RCSB). The letter also notified him that the records reviewed by the RCSB did not indicate he had completed the required military education by the date the board convened and that he should review the mandatory education requirements for promotion as...
ARMY | BCMR | CY2008 | 20080017582
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows: a. correction of item 11 (Primary Specialty) to show military occupational specialty (MOS) 92A (Automated Logistical Specialist) instead of 52C (Utility Equipment Repairer); b. award of the Army Achievement Medal, the Global War on Terrorism Service Medal, the Global War on Terrorism Expeditionary Medal, the Driver and Mechanic Badge, and the Southwest Asia Service Medal;...
ARMY | BCMR | CY2008 | 20080017583
The applicant requests, in effect, correction of his separation document to show award of the Army Commendation Medal, Overseas Service Ribbon, and Combat Action Badge (CAB). The applicant contends, in effect, that his DD Form 214 should be corrected to show award of the Army Commendation Medal, Overseas Service Ribbon, and Combat Action Badge because the awards were not recorded on his discharge document at the time of separation. There is no evidence of record that shows the applicant...
ARMY | BCMR | CY2008 | 20080017585
The applicant's record shows that she initially enlisted in the Women's Army Corps of the United States Army Reserve (USAR) for 3 years on 16 September 1974. The applicant's record shows that after a break in service, she enlisted in the ARNG on 10 October 1979. There is no enlistment contract for this enlistment on file in her record and there is no record or information on file related to the authorization of a bonus in conjunction with this enlistment.
ARMY | BCMR | CY2008 | 20080017587
The applicant requests, in effect, retention in the rank of Major in the Alabama Army National Guard until he reaches age 60 in order to qualify for an unreduced civil service annuity as a military technician (dual status officer). Paragraph 6f of National Guard Regulation 635-100 (dated 8 September 1978) provided that Army National Guard Technicians or full-time State employees administering the Army National Guard program may be retained in an active status beyond mandatory removal date,...
ARMY | BCMR | CY2008 | 20080017589
The applicant requests that his records be corrected to show that he was permanently retired for physical unfitness rated as 100-percent disabled instead of 30-percent disabled. The applicant has not submitted any evidence to show that he was not properly rated for his medical conditions in March 1977 when he was placed on the Retired List for physical unfitness. As such, there is insufficient evidence in which to correct the applicant's records to rate him for those conditions.
ARMY | BCMR | CY2008 | 20080017593
Congress has provided compensation (no more than 60 days in a military career) for Soldiers who were not able to use their leave because military requirements prevented it. While it is not readily apparent, based on the available evidence, where the applicant lost the 11.5 days of leave she claims, the information obtained from DFAS indicates that she was paid for 15.5 days of leave that she was not authorized to be paid. Therefore, in the absence of evidence to dispute the information...
ARMY | BCMR | CY2008 | 20080017594
Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined. Therefore, he is entitled to award of the GWOTSM and to have it added to his DD Form 214. As a result, the Board...
ARMY | BCMR | CY2008 | 20080017595
The applicant requests, in effect, that his U.S. Army Reserve (USAR) discharge orders be revoked and that he be transferred to the Retired Reserve. On 30 March 2007, Joint Forces Headquarters, RIARNG, published Orders 089-011, directing the applicant's honorable discharge from the RIARNG and transfer to the USAR Control Group (IRR) effective 1 April 2007. The applicant's records do not show that he requested a transfer to the Retired Reserve.
ARMY | BCMR | CY2008 | 20080017600
It also provides for Item 12, block f, to enter the total amount of foreign service completed during the period covered by the DD Form 214, as taken from the ERB/ORB. There is no evidence of record, and the applicant provides insufficient evidence, to show that she served 4 months in Iraq. Therefore, the applicants DD Form 214 should be corrected to show she deployed with her unit and served overseas in Kuwait from 28 February 2003 to 26 May 2003.