ARMY | BCMR | CY2008 | 20080018564
Application for correction of military records (with supporting documents provided, if any). In accordance with Title 10, United States Code, section 1552, the authority under which this Board acts, the Army Board for Correction of Military Records is not empowered to set aside a conviction. He should contact a local VA office to determine if he is eligible for any benefits based on his initial period of honorable active duty service from 26 August 1981 to 23 July 1984.
ARMY | BCMR | CY2008 | 20080018565
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 UOTHC discharge. The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows he was discharged for the good of the service in lieu of a court-martial with a characterization of service of under other than...
ARMY | BCMR | CY2008 | 20080018567
The applicant requests that his discharge under other than honorable conditions be upgraded to a general or an honorable discharge. However, his records do contain a duly constituted report of separation (DD Form 214) signed by the applicant which shows that he was discharged under other than honorable conditions on 28 December 1987, under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 10 (Discharge for the Good of the Service). There is no...
ARMY | BCMR | CY2008 | 20080018568
The applicant requests that his discharge under other than honorable conditions (UOTHC) be upgraded to fully honorable, that the reason for his discharge be changed to the convenience of the government, that his reentry (RE) code be changed to RE-1, and that he be given a corresponding separation program designator (SPD) code. However, on 28 September 1978 the applicant was discharged UOTHC under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), Chapter...
ARMY | BCMR | CY2008 | 20080018569
The applicant requests that his discharge be changed. On 21 December 1987, the United States Army Court of Military Review affirmed the findings of guilty and the sentence, with administrative corrections of the General Court-Martial Order. The United States Army Court of Military Review affirmed the court-martial's findings of guilty and the sentence.
ARMY | BCMR | CY2008 | 20080018570
On 13 September 1962, the applicant's immediate commander initiated separation action against the applicant in accordance with Army Regulation (AR) 635-209 (Personnel Separations) for unsuitability. On 25 September 1962, the separation authority approved the applicants discharge under the provisions of AR 635-209 by reason of unsuitability and directed the applicant be furnished a General Discharge Certificate. A general or honorable discharge was considered appropriate.
ARMY | BCMR | CY2008 | 20080018574
The applicant provides his DD Form 2656-6 with a self-authored statement, both dated 22 August 2008, and a letter, dated 24 September 2008, from the Defense Finance and Accounting Service in support of this application. In a letter, dated 24 September 2008, the Defense Finance and Accounting Service informed the applicant that his SBP election form could not be honored because it was received more than 1 year from the 1-year anniversary of his remarriage. Army Echoes, a publication sent to...
ARMY | BCMR | CY2008 | 20080018575
Army policy states that a discharge under other than honorable conditions is normally considered appropriate, but a general discharge under honorable conditions or an honorable discharge may be granted. The applicant contends that his general, under honorable conditions discharge should be upgraded to an honorable discharge. Records also show that he was discharged for the abuse of illegal drugs, which is a serious offense, and the applicant failed to provide evidence which shows that any...
ARMY | BCMR | CY2008 | 20080018576
On 2 October 1971, the applicants unit commander initiated separation under the provisions of Army Regulation 635-212 for unfitness. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. There is no evidence of record, nor has the applicant provided sufficient evidence to support upgrade of his discharge.
ARMY | BCMR | CY2008 | 20080018578
The applicant states, in effect, that he should have been placed on the promotion list and eligible for promotion in April 2005, but due to an erroneous suspension of favorable personnel actions (flag) he was not promoted to SSG until 18 October 2006. The evidence of record and independent evidence provided by the applicant fails to show he was ever selected for promotion to SSG through a selection board process, or that he was ever placed in the selection objective of a promotion list and...
ARMY | BCMR | CY2008 | 20080018580
A review of the available records do not show that orders were ever published awarding the applicant the Bronze Star Medal or the Army Commendation Medal. The applicant contends that his DD Form 214 should be corrected to show that he was awarded the Bronze Star Medal and the Army Commendation Medal based on the certified certificates that he submitted in support of his application. However, there is no evidence in the available records, nor has he submitted any evidence, that shows that...
ARMY | BCMR | CY2008 | 20080018582
The appropriate authority approved the request for discharge on 22 July 1983. His records show that he had NJP imposed against him twice for being AWOL and he had charges pending against him because he continued to go AWOL. There is no evidence in the available record, nor has the applicant presented any evidence to support his contentions that he had a drinking problem while he was in the Army which was resulted in his numerous AWOL incidents.
ARMY | BCMR | CY2008 | 20080018588
It shows the applicant was wounded in action on 14 March 1952 and treated at the 1st Battalion Aid Station, 14th Infantry Regiment. Despite the fact that his DD Form 214 shows he had 2 days of lost time, it would be appropriate to award him the Good Conduct Medal for his conduct, efficiency and fidelity during the period 22 May 1951 through 24 February 1953. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding...
ARMY | BCMR | CY2008 | 20080018589
Application for correction of military records (with supporting documents provided, if any). Subsequent to his release from captivity, the applicant was awarded the Soldiers Medal for heroism on or about 6 February 1980 during his captivity. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the Purple Heart for wounds sustained between 4 November 1979 and 20 January 1981 and adding this award to his DD Form 214.
ARMY | BCMR | CY2008 | 20080018593
Application for correction of military records (with supporting documents provided, if any). The applicant provided an undated personnel roster that shows he was assigned to Battery D, 31st Coast Artillery Training Battalion at some point during his active duty service. ____________X__________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ARMY | BCMR | CY2008 | 20080018595
Application for correction of military records (with supporting documents provided, if any). A Soldier who is found after entry on active duty not to have been qualified under procurement medical fitness standards at the time of enlistment may request to be retained on active duty subject to the conditions listed below. _______ _ _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...
ARMY | BCMR | CY2008 | 20080018597
29 June 1990 for failure to be at her appointed place of duty; k. 1 July 1990 for having a poor attitude; l. 6 August 1990 for failure to be in the proper duty uniform and for failing to be at her appointed place of duty; m. 7 September 1990 for failure to be at her appointed place of duty; and n. 11 September 1990 for disobeying a lawful order from an NCO and being derelict in the performance of duties. The applicant signed a statement indicating that she was advised she was being...
ARMY | BCMR | CY2008 | 20080018604
The applicant requests that an amended DA Form 2166-8 (NCO Evaluation Report (NCOER)) for the period 1 December 2005 through 9 August 2006 be removed from his official military personnel file (OMPF). Evidence of record shows the applicants original NCOER for the period 1 December 2005 through 9 August 2006 was amended by the ESRB in 2008. There is no evidence of record and the applicant has provided no evidence which shows that he should have received more favorable ratings by the rater.
ARMY | BCMR | CY2008 | 20080018606
The applicant requests, in effect, upgrade of his undesirable discharge to an honorable discharge. He further acknowledged he understood that if his discharge request was approved, he may be discharged under conditions other than honorable and furnished an Undesirable Discharge Certificate. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.
ARMY | BCMR | CY2008 | 20080018608
IN THE CASE OF: BOARD DATE: 16 APRIL 2009 DOCKET NUMBER: AR20080018608 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states that based on the fact that he served in Iraq and was awarded the Bronze Star Medal and the GWOTEM, he believes that he should be awarded the ICM. Therefore, he is eligible for award of the ICM and correction of his official military records to show the award of the ICM and the removal of the GWOTEM.
ARMY | BCMR | CY2008 | 20080018610
He also requests his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Combat Infantryman Badge, Global War on Terrorism Expeditionary Medal, and two Army Commendation Medals (ARCOM). The available evidence does not contain any orders or other documents that indicate he was ever awarded the Combat Infantryman Badge, the Global War on Terrorism Expeditionary Medal, or a second ARCOM by proper authority while serving on active duty. There is...
ARMY | BCMR | CY2008 | 20080018614
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his deployment in Kuwait. 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 of the applicant's DD Form 214 the entry "0000 00 00"; b. adding to item 12f of the applicant's DD Form 214...
ARMY | BCMR | CY2008 | 20080018619
The applicant requests his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show in Item 12c (Net Active Service This Period) 1 year, 0 months, and 0 days. Army Regulation (AR) 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. In order to justify correction of a military record, the applicant must show to the...
ARMY | BCMR | CY2008 | 20080018621
IN THE CASE OF: BOARD DATE: 17 MARCH 2009 DOCKET NUMBER: AR20080018621 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. He indicates that the RE code should be a 3 or less. 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.
ARMY | BCMR | CY2008 | 20080018624
Army Regulation 635-200 (Personnel Separations Enlisted Personnel, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the...
ARMY | BCMR | CY2008 | 20080018630
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal and the Global War on Terrorism Service Medal (GWOTSM). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Army Commendation Medal and the GWOTSM on his DD Form 214.
ARMY | BCMR | CY2008 | 20080018638
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show completion of the Opposing Forces Academy Soldiers Course and his awards of the Army Commendation Medal, Army Achievement Medal, Driver and Mechanic Badge with Driver-T Bar, Certificate of Achievement and the Order of Hamby Second Class. Army Regulation 600-8-22 (Military Awards) provides that the Army Good Conduct Medal is awarded to individuals who distinguish...
ARMY | BCMR | CY2008 | 20080018639
In the processing of this case, a staff member of the Board requested the military records of the individual who claims he served with the applicant and was awarded two awards of the PH for the same engagement. Therefore, as a matter of equity, the applicant should also be awarded the PH with 1OLC for wounds received in actions against the enemy in Vietnam on 3 July 1966. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...
ARMY | BCMR | CY2008 | 20080018643
On 5 August 1968, the company commander notified the applicant of his intent to initiate separation action to effect his discharge under the provisions of Army Regulation 635-212 (Personnel Separations - Discharge - Unfitness and Unsuitability), paragraph 6a, for unfitness. The applicant's military personnel records contain his DD Form 214 that shows he was discharged under the provisions of Army Regulation 635-212, Separation Program Number (SPN) 386 with service characterized as under...
ARMY | BCMR | CY2008 | 20080018645
Application for correction of military records (with supporting documents provided, if any). He also requests that his record be corrected by adding all training courses he completed to include North Atlantic Treaty Organization (NATO) and Special Forces (SF) training. The applicant provides a Standard Form 180 (Request Pertaining to Military Records) in support of his application.
ARMY | BCMR | CY2008 | 20080018646
On 31 October 1989, the appropriate authority approved the applicant's request for discharge for the good of the service, directed that an Under Other Than Honorable Conditions Discharge Certificate be issued, and directed the applicant be reduced to pay grade E-1. The applicant was discharged on 19 December 1989 in pay grade E-1 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of court-martial. The regulation shows that the SPD of "KFS" as...
ARMY | BCMR | CY2008 | 20080018648
On 6 February 2008, the applicant's spouse concurred with his SBP election not to participate by providing a signed, notarized Spouse SBP Election Concurrence Statement, dated 6 February 2008. Evidence of record shows that the applicant elected not to participate in spousal SBP coverage on 25 January 2008 and his spouse concurred with his SBP election on 6 February 2008. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2008 | 20080018649
Headquarters, 23rd Infantry Division (Americal) Special Orders Number 212, dated 31 July 1971, promoted the applicant to specialist four (SP4)/pay grade E-4, withdrew his MOS of 64A1O, and awarded him MOS 63B2O. Headquarters, 3rd Battalion, 82nd Field Artillery, Promotion Standing List, dated 24 January 1972, provided by the applicant, lists the applicant in promotion standing to E-5 and shows his MOS as 13E2O and date selected as 23 January 1972. In order to justify correction of a...
ARMY | BCMR | CY2008 | 20080018652
Application for correction of military records (with supporting documents provided, if any). The applicant contentions that he was very young at the time and that he served his country and should receive some type of benefits to provide for his family were considered. Therefore, the applicant's record of service is insufficiently meritorious to warrant a general discharge or an honorable discharge.
ARMY | BCMR | CY2008 | 20080018658
This was the only time he was AWOL. He acknowledged that if the request was accepted that he could receive a discharge under other than honorable conditions and be furnished an Undesirable Discharge Certificate. This was the only time he was AWOL.
ARMY | BCMR | CY2008 | 20080018659
On 23 May 2000, the applicant and the FSM were divorced. The Separation and Property Settlement Agreement to the Final Judgment of Dissolution of Marriage ordered the FSM to maintain the applicant as the beneficiary of his SBP election; that is, he was ordered to change his SBP coverage from spouse only to former spouse. On 7 June 2004, the applicant filed a request with DFAS for, in effect, a deemed election changing SBP coverage from spouse only to former spouse.
ARMY | BCMR | CY2008 | 20080018665
The applicant requests an upgrade of her Reentry (RE) Code for future enlistment. Discharges under the provisions of chapter 10 of Army Regulation 635-200 are voluntary requests for discharge in lieu of trial by court-martial. The evidence of record further confirms that the applicants RE code was assigned based on the fact that she was discharged under the provisions of chapter 10 of Army Regulation 635-200, in lieu of trial by court-martial, due to AWOL.
ARMY | BCMR | CY2008 | 20080018666
There is no evidence of record to show that the FSM ever submitted a former spouse SBP election, or that the applicant ever made a deemed election request within one year of their divorce. Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage (without the members agreement) in those cases where the member was participating in the SBP or was still on active duty and had not yet made an SBP election. The law also permits the former spouse concerned to...
ARMY | BCMR | CY2008 | 20080018669
The equivalent crimes and their maximum punishment under the Table of Maximum Punishments of The Manual for Courts-Martial, United States, 1969 (Revised edition) provided the following: Article 129, Burglary - dishonorable discharge, reduction to lowest enlisted grade, a forfeiture of all pay and allowances, and 10 years of confinement; 12. The evidence shows that the applicant twice accepted NJP under Article 15 of the UCMJ, and that he was absent in desertion when he was convicted by a...
ARMY | BCMR | CY2008 | 20080018674
Application for correction of military records (with supporting documents provided, if any). The applicant authenticated this document with his signature on the date of separation and there are no documents on file that indicate the applicant ever tried to correct his date of birth while he was serving on active duty. There is no available evidence of record or independent evidence to support a conclusion that his military service was sufficiently meritorious to support the issue of a GD...
ARMY | BCMR | CY2008 | 20080018676
Application for correction of military records (with supporting documents provided, if any). The applicant requests that he be granted a waiver of his two non-selections for promotion to the pay grade of O-4 in the U.S. Navy Reserve (USNR) (1994/1995) and that he be allowed to accept his promotion to the rank of major based on his 2004 selection by a special selection board (SSB) convened under the Fiscal Year (FY) 2000 criteria. The primary issue in this case is whether or not the...
ARMY | BCMR | CY2008 | 20080018680
The applicant requests, in effect, that his general, under honorable conditions discharge be upgraded to a fully honorable discharge. He was further advised that there had been no improvement since his rehabilitative transfer, and that despite repeated counselings by his chain of command, retesting of his military battery scores, and other assistance provided to him by his company, he failed to show the motivation and self-discipline necessary in a Soldier. An honorable or general...
ARMY | BCMR | CY2008 | 20080018682
The applicant requests, in effect, correction of his military records to show a reentry (RE) code which would allow him to enlist in the U.S. Army. The DD Form 214 that he was furnished at the time of his discharge shows that he had 3 months and 16 days of net active service; that he was furnished a separation code of "KFS" (in lieu of trial by court-martial); and that he was furnished an RE code of 4. Pertinent Army regulations provide that prior to discharge or release from active duty,...
ARMY | BCMR | CY2008 | 20080018685
The psychiatrist recommended the applicant be separated under the provisions of Army Regulation 635-212. Army Regulation 635-212, in effect at the time, provided the authority for the separation of enlisted personnel. Further, the fact that there was no evidence of record or independent evidence provided that supports the applicant's allegations of mental illness and sexual abuse, does not support granting a formal hearing in this case.
ARMY | BCMR | CY2008 | 20080018686
The applicant provides handwritten insert sheets that provide a description of the copies of the documents he provides, which include a Form 3822-R (Report of Mental Status Evaluation), dated 13 December 1976; DD Form 214 (Report of Separation from Active Duty) with an effective date of 25 August 1978; FORSCOM Form 248-R (Statement of Acceptance), dated 25 August 1978; DA Form 3686 (Leave and Earnings Statement), period covered 1 - 31 October 1978; Headquarters, First U.S. Army, Fort George...
ARMY | BCMR | CY2008 | 20080018688
The advisory opinion states that the applicant was considered and selected for promotion by the SCRL5 and was promoted to first lieutenant with a DOR of 26 September 2006, the approval date of the scroll. The advisory opinion states that had the applicant been considered and selected for promotion in a timely manner she would have been promoted with a DOR of 22 June 2006, the approval date of SCRL3 and SCRL4. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2008 | 20080018689
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Authorized or Awarded) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and the Combat Infantryman Badge. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicants assignment to 1st...
ARMY | BCMR | CY2008 | 20080018690
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a third award of the Meritorious Service Medal. Therefore, her DD Form 214 should be corrected to show three awards of the Meritorious Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending her DD Form 214 to show three awards of the Meritorious Service Medal.
ARMY | BCMR | CY2008 | 20080018692
The applicant requests that his undesirable discharge under other than honorable conditions be upgraded. In a statement submitted by the applicant with his request for discharge, he stated he hated the Army and he wanted out. At the time of the applicant's separation the regulation provided for the issuance of an undesirable discharge.
ARMY | BCMR | CY2008 | 20080018696
Service will be obligated from the effective date of promotion and Soldiers must extend or reenlist in order to accept the promotion. d. If a Soldier submits a request for voluntary retirement before fulfilling his/her service remaining obligation in the ARNG, the NGB can deny the request, or accept the request and waive the service remaining requirement if waiver is in the best interest of the Army or when substantial hardship would result. The portion of this paragraph which the...