ARMY | BCMR | CY2008 | 20080002751
In view of the facts of this case, it would be appropriate and serve the interest of justice and equity to correct the FSM's record to show that he completed the necessary application for retired pay at age 60, which included a SBP election for full spouse only coverage, and that this application was approved; and by voiding his 14 April 1995 discharge from the USAR and to instead show he was placed on the Retired List and became entitled to retired pay on that same date. Further, it would...
ARMY | BCMR | CY2008 | 20080002752
In his discharge request, the applicant indicated that he understood that by submitted the request for discharge, he was acknowledging his guilt of the charge against him or of a lesser included offense therein contained, which also authorized the imposition of a bad conduct or dishonorable discharge. An UOTHC discharge normally is appropriate for a Soldier who is discharged in lieu of trial by court-martial. However, the evidence of record shows that the applicant's medical condition was...
ARMY | BCMR | CY2008 | 20080002754
The applicant requests that his undesirable discharge (UD) be upgraded to an honorable discharge. The documents submitted by the applicant include a statement from him in an application, and appeal, for a Department of Veterans Affairs (VA) disability. 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 | 20080002767
However, his DD Form 214 shows that he was discharged on 18 September 1972 under the provisions of chapter 10 of Army Regulation 635-200 (Personnel Separations) with an undesirable discharge, characterized as under other than honorable conditions. Evidence of record shows the applicant enlisted for a 3-year term of service for training in MOS 45J. There is no evidence in the applicant's records and he has not provided any evidence that shows he enlisted for assignment to Korea.
ARMY | BCMR | CY2008 | 20080002772
The applicant states, in effect, he was 17 years old and immature when he enlisted. On 20 January 1982, the appropriate authority approved the applicant's request and directed the applicant be furnished an Under Other Than Honorable Conditions Discharge Certificate. However, his record shows he was nearly 20 years old at the time of enlistment.
ARMY | BCMR | CY2008 | 20080002782
The applicant provides his DD Form 214; a proposed citation for the Meritorious Unit Commendation; a Standard Form (SF) 93 (Report of Medical History), dated 16 March 1972; four pages of extracts from his service medical records; a DA Form 8-274 (Medical Condition Physical Profile Record), dated 7 April 1969, and a DA Form 3349 (Medical Condition Physical Profile Record), dated 9 May 1969. There is no evidence of record to show the applicant was awarded an Artillery Medal. Evidence of...
ARMY | BCMR | CY2008 | 20080002785
The applicant states: a. he has sufficient medical proof and examination of combat disabilities to show that the Army should have granted him a medical discharge or retirement under honorable conditions; b. his combat record shows that, as a medic, he was involved in 4 separate acts in a 15-hour period. The applicant's VA examination reports show he was diagnosed and evaluated by the VA some 35 years after his service in the Republic of Vietnam. The evidence of record shows that: a. the...
ARMY | BCMR | CY2008 | 20080002786
The applicant requests, in effect, that his record be corrected to show his Date Entered Military Service (DIEMS) as 1 September 1979; and that his retirement pay plan be changed from High-Three to Final Pay based on his DIEMS date. The applicant provides the following documents in support of his application: Self-Authored Statement; Electronic Mail (e-mail); Military Personnel (MILPER) Message (MSG) Number (#) 03-102, dated 26 February 2003; Enlistment Contract (DD Forms 4/1 through 4/4);...
ARMY | BCMR | CY2008 | 20080002787
The applicant provides a copy of his DD Form 214, DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States), Headquarters, 120th Army Reserve Command, Orders Number 081-020 dated 16 November 1994, and a Certificate of Award for the Army Achievement Medal. The applicant's military personnel record shows he enlisted in the U.S. Army Reserve on 22 February 1992. Based on Headquarters, 335th Theater Signal Command Orders Number 00-040-009,...
ARMY | BCMR | CY2008 | 20080002789
The applicant requests, in effect that his record be corrected to show award of the Air Assault Badge. Therefore, his records should be corrected to show award of the Air Assault Badge. Records show the applicant completed the formal Combat Lifesaver Training Course.
ARMY | BCMR | CY2008 | 20080002790
The counsel states requests correction of the applicant's records to show award of the Combat Infantryman Badge (CIB) and the Bronze Star Medal (BSM). However, the applicant's WD AGO Form 53-55 shows he was awarded the Purple Heart for wounds received in action and his WD AGO Form 100 shows that he served as a platoon leader in an infantry unit while he actively participated in combat with enemy forces. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2008 | 20080002795
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 18 September 1968, the applicant received a bad conduct discharge under the provisions of chapter 11 of Army Regulation 635-200 (Personnel Separations) by reason of court-martial. When authorized, it is issued to a Soldier whose military...
ARMY | BCMR | CY2008 | 20080002796
The applicant, as the widow of a deceased former service member (FSM), requests correction of the FSMs records to show he enrolled in the Survivor Benefit Plan (SBP) for spouse coverage. She states that service records are required for her personal records. There is no evidence of record which shows the FSM ever enrolled in the SBP.
ARMY | BCMR | CY2008 | 20080002798
IN THE CASE OF: BOARD DATE: 15 May 2008 DOCKET NUMBER: AR20080002798 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Headquarters, 1st Infantry Division and Fort Riley Orders 228-0002, dated 16 August 2007, show the applicant was placed on the retired list on 1 September 2007. Land Component, Joint Headquarters Kansas Orders 311-728, dated 7 November 2007, show that the applicant was promoted to the rank and grade of SGT/E-5 effective 30 August 2007.
ARMY | BCMR | CY2008 | 20080002803
IN THE CASE OF: BOARD DATE: 9 September 2008 DOCKET NUMBER: AR20080002803 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in a modified application, that his records be corrected to show his retired rank and grade as Sergeant First Class (SFC), E-7, with all due retired pay. Since the evidence of record shows that the applicant was administratively reduced to SSG, E-6, not as a result of his own misconduct, it appears that he met the criteria outlined in Title 10,...
ARMY | BCMR | CY2008 | 20080002804
In an application to this Board dated 24 October 2006, the applicant requested correction of his records to show that he was awarded three Bronze Star Medals and that he was promoted to the rank of sergeant. The applicant now submits a copy of his Armed Forces of the United States Identification Card that shows his rank as sergeant, a copy of a certificate awarding him the Bronze Star Medal on 1 March 1970 for meritorious achievement in ground operations against a hostile force from March...
ARMY | BCMR | CY2008 | 20080002805
The applicant requests that her DD Form 214 be corrected to reflect her award of the Defense Meritorious Service Medal (DMSM). However, there is no evidence to show that a DD Form 215 was ever issued. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing her award of the DMSM.
ARMY | BCMR | CY2008 | 20080002806
The applicant requests award of the Combat Infantryman Badge (CIB) and to have his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) corrected to show his military occupational specialty (MOS) as 11B (Light Weapons Infantryman). The applicants DD form 214 shows that he was awarded the (MOS) 13A (Cannoneer). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Vietnam Service...
ARMY | BCMR | CY2008 | 20080002808
IN THE CASE OF: BOARD DATE: 15 May 2008 DOCKET NUMBER: AR20080002808 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that the date entered in Item 12b (Separation Date This Period) of her separation document (DD Form 214) be corrected. The evidence of record confirms the applicant's separation orders, dated 12 March 2007, erroneously listed an effective date of separation of 16 March 2006, and that these orders were properly amended on 16 March 2007, to...
ARMY | BCMR | CY2008 | 20080002817
The applicant requests correction of his records to show award of the Defense Superior Service Medal and the Humanitarian Service Medal. Therefore, there is sufficient evidence to show the applicant was awarded the DSSM and is entitled to correction of his records to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Defense Superior Service Medal and the Humanitarian Service Medal in...
ARMY | BCMR | CY2008 | 20080002818
The FSM's reconstructed military records show he enlisted in the Army National Guard on 15 July 1940 for 3 years. The evidence shows that when the FSM enlisted, the entry for Arm or Service was recorded as Field Artillery. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing the awards of the Navy Presidential Unit Citation, Asiatic Pacific Ribbon with two campaign stars, World War II Victory Medal, and WWII...
ARMY | BCMR | CY2008 | 20080002828
IN THE CASE OF: BOARD DATE: 13 May 2008 DOCKET NUMBER: AR20080002828 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests removal of the nonjudicial punishment (NJP) that he accepted under the provisions of Article 15, Uniform Code of Military Justice on 20 September 1994 from his Official Military Personnel File (OMPF). The document will not be removed from or moved to another section of the OMPF unless directed by one or more of the following: (1) The Army Board for...
ARMY | BCMR | CY2008 | 20080002830
He states that he was appointed a First Lieutenant (1LT) in the Chaplain Corps, Iowa Army National Guard (ARNG) with a DOR of 27 April 2005; however, he should have been appointed in the rank of CPT with 1 year time in grade (TIG). It would also be appropriate to correct his record to show he was promoted to and granted Federal Recognition as a CPT, effective and with a date of rank of 6 March 2006, and to provide him all back pay and allowances due as a result of these corrections, as...
ARMY | BCMR | CY2008 | 20080002836
He stated, in effect, that the applicant, during his time as commander of the 557th Medical Company, was "untouched by most officers and Soldiers in the Army." On 30 April 2007, the applicant appealed the subject OER along with a previous OER and the GOMOR. The OSRB determined that the investigation was supported by a legal review and was accepted by the appointing authority.
ARMY | BCMR | CY2008 | 20080002840
Exhibit B - Military Personnel Records (including advisory opinion, if any). The applicant requests, in effect, that she receive Non-Physician Board Certification Pay (NPBCP) for the period 21 July 2005 to 20 February 2006. In the processing of this case an advisory opinion was obtained from the Chief of the Army Medical Department (AMEDD) Special Pay Branch of the Office of The Surgeon General.
ARMY | BCMR | CY2008 | 20080002842
DFAS provided a copy of a DD Form 149 (Application for Correction of Military Record) for the applicant to complete and to submit a request for forgiveness of his $21,200.00 ROTC debt declaring that he was currently serving on active duty. The G1 provided options to the applicant after his disenrollment from the ROTC Scholarship Program for his breach of contract for the repayment of his debt. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2008 | 20080002850
IN THE CASE OF: BOARD DATE: 22 May 2008 DOCKET NUMBER: AR20080002850 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.
ARMY | BCMR | CY2008 | 20080002855
The battalion commander stated that in an attempt to rehabilitate the applicant, he was transferred to another company on 3 October 1960. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. Counsel contended that the applicant should have been discharged under Army Regulation 635-209 for unsuitability.
ARMY | BCMR | CY2008 | 20080002858
The memorandum emphasized that the new board would evaluate the applicant's official Department of the Army file and judge his military record as compared with the records of the officers in the new zone of consideration. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers - Army National Guard and United States Army Reserve) states, in pertinent part, that an officer who twice fails to be selected for promotion to captain, major, or...
ARMY | BCMR | CY2008 | 20080002859
IN THE CASE OF: BOARD DATE: 17 June 2008 DOCKET NUMBER: AR20080002859 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). ___ XXXXXXXX ____ 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 | 20080002860
The evidence shows that the applicant was ordered to active duty for training on 8 July 1966 and he successfully completed all of the necessary training on 23 November 1966. Therefore, he is entitled to correction of his records to show 8 July 1966 in Item 19c, date of entry and 23 November 1966 in Item 11d, date of separation on his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing 8 July 1966 in Item...
ARMY | BCMR | CY2008 | 20080002861
Application for correction of military records (with supporting documents provided, if any). The DD Form 214 she was issued at the time shows she was honorably released from ADSW for completion of a period of active duty on 22 February 1990, by reason of self-terminating Orders 023-105, dated 12 October 1989. The evidence of record shows that the applicant entered active duty in ADT and/or ADSW status on 1 October 1989.
ARMY | BCMR | CY2008 | 20080002864
Excerpts of their e-mail responses to COL Jo were provided to the Credentials Committee, the Hearing Board, the MEDDAC Commander, and [Applicant] at various times, however the respondents were never presented as witnesses at any of the formal Hearing Board proceedings, and as such, [Applicant] was not afforded an opportunity to ask questions or clarify their response as required by AR 40-68 paragraph 10-8 b.(4). The MEDCOM Report implies improper treatment of male patients because...
ARMY | BCMR | CY2008 | 20080002866
The applicant requests 2 years of constructive service credit for completion of his advanced degree in molecular genetics. The opinion stated, in part, that in order to grant constructive credit for an additional advanced degree, that degree must add adjunctive skills to the primary specialty and must contribute directly to performance in the anticipated position in the Military Service concerned. Therefore, the advisory opinion recommended that no constructive credit should be granted for...
ARMY | BCMR | CY2008 | 20080002867
DODI 6000.13, paragraph 6.1.2.2.2 states, in pertinent part, that credit for masters and doctorate degrees in a health profession other than medicine or dentistry, whether it is the primary degree or an additional advanced degree, shall be awarded based on actual full-time equivalent education up to 2 years for a masters degree and up to 4 years for a doctorate. Army Regulation 135-101 provides the criteria for award of constructive service credit for Army Medical Corps commissioned...
ARMY | BCMR | CY2008 | 20080002871,
Director Analyst The following members, a quorum, were present: Chairperson Member Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Evidence shows that the applicant was involuntarily mobilized for 904 days during the periods 11 February 2003 through 4 February 2004 and 14 January 2007 through 11 July 2008 under 12302 status. As a result it would be appropriate that the Defense Finance and Accounting Service pay the applicant...
ARMY | BCMR | CY2008 | 20080002874
Accordingly, the applicant was discharged with an undesirable discharge on 11 November 1976 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service. On 20 July 1979, the Army Discharge Review Board denied the applicants request for a general discharge. Since the applicants record of service included one nonjudicial punishment and 65 days of lost time, his record of service was not satisfactory and did not meet the standards of acceptable conduct and...
ARMY | BCMR | CY2008 | 20080002876
The Air Assault Badge was worn in the 1st Cavalry Division by former members of the 11th Air Assault Division (Test) and later in the 101st Airborne Division (Airmobile) in Vietnam as the Airmobile Badge; g. In 1974, the 101st Airborne Division develops a new Airmobile Badge for local wear based on one-week training at Fort Campbell, Kentucky; h. In 1978, the Army approves the new Airmobile Badge as the Air Assault Badge for Army-wide wear; i. The evidence of record shows that the applicant...
ARMY | BCMR | CY2008 | 20080002928
Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned reentry codes, based on their service records or the reason for discharge. It also shows the SPD code with a corresponding RE code and states that more than one RE code could apply. The evidence shows that the applicant was discharged under the provisions of Army Regulation 635-200, chapter 9, for Alcohol Rehabilitation Failure.
ARMY | BCMR | CY2008 | 20080002929
The applicant continues that he was discharged from the Army because of failing the Army Substance Abuse Program (ASAP). The Adjutant General of Virginia, after reviewing the separation action, directed that the applicant be discharged from the VAARNG and Reserve of the Army as a result of his misconduct associated with a positive urinalysis test indicating the presence of cocaine. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be...
ARMY | BCMR | CY2008 | 20080002930
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Purple Heart. The applicants military records are not available to the Board for review. Regrettably, there is insufficient evidence on which to base award of the Purple Heart in this case.
ARMY | BCMR | CY2008 | 20080002935
The applicant requests that the records of her deceased spouse, a former service member (FSM), be corrected to show that he elected to participate in the Survivor Benefit Plan (SBP). Public Law 99-145, enacted 8 November 1985 but effective 1 March 1986, required a spouse's written concurrence for a retiring member's election that provides less than the maximum spouse coverage. Evidence of record shows that the FSM completed a DA Form 4240 in December 1991 and elected to decline...
ARMY | BCMR | CY2008 | 20080002936
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. 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 3 August 1981, the Army Discharge Review Board (ADRB) denied the applicants request for an upgrade to his UOTHC discharge.
ARMY | BCMR | CY2008 | 20080002938
Therefore, the offenses for which he was charged did not qualify under the Uniform Code of Military Justice (UCMJ) for a bad conduct discharge. On 22 February 1988, the applicant was discharged, pursuant to his sentence by court-martial, with a bad conduct discharge. The Manual for Courts-Martial, United States, provides, for violations of Article 112a (wrongful possession of less than 30 grams of marijuana), a maximum punishment of a dishonorable or bad conduct discharge, 2 years...
ARMY | BCMR | CY2008 | 20080002939
The applicant requests, in effect, that his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) with the ending dates of 22 March 1965, and 18 March 1968 be corrected to show his name as M_ _ _ _ _ _ T_ _ _ _ L_ _ _ C_ _ _. Army Regulation 600-8-104 (Military Personnel Information Management /Records) prescribes the policies governing the Official Military Personnel File (OMPF), the Military Personnel Records Jacket, the Career Management Individual File, and...
ARMY | BCMR | CY2008 | 20080002941
The applicant requests, in effect, correction of his social security number (SSN) and last duty assignment on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 2 June 1968. A few documents from his U. S. Army Reserve service show the applicants SSN as 473-__-____. The applicants DD Form 214 for the period ending 2 June 1968 should be amended to show his SSN as 437-__-____ and his last duty assignment as being with the 173d Airborne...
ARMY | BCMR | CY2008 | 20080002943
The evidence of record shows the applicant attended a second advanced Individual training course at Fort Sam Houston, Texas, and was awarded the MOS 91B (Medical Specialist) on 15 April 1965. Even though this achievement was not posted to his records and shown on his DD Form 214 on his release from active duty, a copy of the award orders were on file in his service personnel record. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2008 | 20080002944
The applicant requests correction of his records to show award of the Bronze Star Medal. There are no general orders in the applicant's records that show he was awarded the Bronze Star Medal. United States Army Vietnam Regulation 672-1 (Military Awards) specified that the approval authority for award of the Bronze Star Medal was generally delegated no lower than brigadier generals in command of separate brigades.
ARMY | BCMR | CY2008 | 20080002971
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was involuntarily ordered to active duty under the provisions of Title 10 United States Code (10 U.S.C.) Therefore, he is entitled to have his DD Form 214 corrected to show he was ordered to active duty under this provision. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was...
ARMY | BCMR | CY2008 | 20080002972
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was involuntarily ordered to active duty under the provisions of Title 10 United States Code (10 U.S.C.) Therefore, he is entitled to have his DD Form 214 for the period 21 January 2003 through 21 January 2004 corrected to show he was ordered to active duty under this provision. As a result, the Board recommends that all Department of the Army records of the...