ARMY | BCMR | CY2008 | 20080018851
Application for correction of military records (with supporting documents provided, if any). The applicants DD Form 214, Item 17c, shows that he was ordered to active duty from the United States Army Reserve (USAR) on 6 March 1967. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his date of entry in item 17c on his DD Form 214 as 6 March 1965.
ARMY | BCMR | CY2008 | 20080018853
The applicant's service records are not available. Records show the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds sustained in action on 20 May 1967 and awarding him the Combat Infantryman Badge; b. amending his DD Form 214 by deleting the Vietnam Service Medal and the Overseas Service Bar from block 24; and c. amending his DD...
ARMY | BCMR | CY2008 | 20080018856
The applicant requests, in effect, that his under other than honorable conditions discharge be upgraded to a general under honorable conditions discharge. On 12 December 1979, the applicant consulted with counsel and requested discharge under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 10, for the good of the service in lieu of court-martial. The available evidence shows the applicant had approximately 435 days of lost time due to being AWOL.
ARMY | BCMR | CY2008 | 20080018859
The applicant's infantry MOS and assignment to an infantry unit in the Republic of Vietnam are not in question. In the absence of evidence that the applicant actively participated in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case. XXX _________________________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...
ARMY | BCMR | CY2008 | 20080018860
There is no evidence in the available records which shows the applicant was unfit for military service prior to induction or that he was physically unfit to perform his military duties prior to his release from active duty. In the absence of evidence to support his claim of disability, there is no basis to grant the applicant's request. _______ _ X _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...
ARMY | BCMR | CY2008 | 20080018863
The applicant requests correction of his retirement DD Form 214 (Report of Separation from Active Duty) for the period ending 31 July 1976 to show award of the Korean Service Medal with one bronze service star. The applicant's DD Form 214 for the period ending 31 July 1976 shows the Good Conduct Medal (7th award), the Korean Service Medal, the United Nations Service Medal, the National Defense Service Medal, the Army Commendation Medal, the Republic of Korea Presidential Unit Citation, and...
ARMY | BCMR | CY2008 | 20080018865
The Board determined that the evidence presented was sufficient to warrant amendment of the decision of the Army Board for Correction of Military Records set forth in Docket Number AR20070019011, dated 3 July 2008, to show the applicant's last eight years of qualifying service were performed as a member of a Reserve Component. ______________________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military...
ARMY | BCMR | CY2008 | 20080018866
Application for correction of military records (with supporting documents provided, if any). The applicant requests that item 14 (Military Education) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show a subcourse. The applicant provides a subcourse completion certificate and a copy of her DD Form 214 in support of her application.
ARMY | BCMR | CY2008 | 20080018867
The applicant requests that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show he was released from active duty (REFRAD) in the rank of corporal (CPL). While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the...
ARMY | BCMR | CY2008 | 20080018870
The applicant requests, in effect, correction of Item 6 (Reserve Obligation Termination Date) of her DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 1 March 2006. The DD Form 214 she was issued at the time listed her military service obligation (MSO) termination dated as 23 June 2010 in Item 6. The evidence of record confirms the applicant initially enlisted in the DEP on 24 June 2002, which established her statutory MSO as 23 June 2010.
ARMY | BCMR | CY2008 | 20080018875
Application for correction of military records (with supporting documents provided, if any). This document shows the unit (183d Aviation Company) to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February 1962 to 28 March 1973 by Department of the Army General Order Number 8, dated 1974. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2008 | 20080018878
Army Regulation 635-5 states that for item 12f, from the Enlisted Record Brief (ERB), enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period). The evidence of record provides sufficient evidence showing her service in Iraq in support of Operation Iraqi Freedom II during the period from 25 October 2004 to 10 March 2005. Item 13 of her DD Form 214 already shows an award of the Army Achievement Medal.
ARMY | BCMR | CY2008 | 20080018879
The DD Form 214 he was issued shows he had completed 12 years, 5 months, and 27 days of creditable active military service. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214 that is prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. Furthermore, the applicant did not perform any active service from the time he was placed on the TDRL to the time he was...
ARMY | BCMR | CY2008 | 20080018880
On 4 June 2008, the applicant's commanding officer informed him that he was initiating action to separate him under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 14 (Separation for misconduct), paragraph 14-12c (Commission of a serious offense). The SPD/RE Code Cross Reference Table shows that an RE code of "4" is the applicable RE code assigned for individuals separated for this reason. The SPD/RE Code Cross Reference Table shows that...
ARMY | BCMR | CY2008 | 20080018882
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 22 November 1974, the separation authority approved the applicant's request and directed that an undesirable discharge be issued. On 19 December 1975, the Army Discharge Review Board denied the applicant's request to upgrade his discharge.
ARMY | BCMR | CY2008 | 20080018883
The applicant requests, in effect, that the dates in the Defense Enrollment Eligibility Report System (DEERS) be updated to reflect that his family members were eligible for dental care under the TRICARE Dental Plan (TDP) during the period 14 October 2004 until present. National Guard/Reserve family members are eligible for enrollment in the TDP even if their sponsor does not enroll. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2008 | 20080018885
A second DA Form 638, undated, was submitted by the applicant signed by the same battalion staff officer recommending the applicant for the award of the Bronze Star Medal for meritorious service for exemplary performance of duty in support of Operation Iraqi Freedom during the period from 20 February 2003 to 21 January 2004. Army Regulation 600-8-22 (Military Awards) serves as the authority for military decorations and awards. The evidence of record indicates the applicant made protected...
ARMY | BCMR | CY2008 | 20080018886
He further states that he was promoted to the rank of CW3 at the next regularly scheduled selection board convened to consider officer for promotion to the rank of Chief Warrant Officer Three (CW3) and was awarded a new DOR of 1 June 2006. On 16 May 2005, a board of officers convened at the Department of the Army, Secretariat for Selection Boards, in Alexandria, Virginia to consider the case of the applicant who had been referred for consideration as to whether he should be removed from the...
ARMY | BCMR | CY2008 | 20080018887
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the appropriate Military Occupational Specialty (MOS) title. The applicant's military personnel record shows he enlisted in the Regular Army on 13 January 2004 for a period of 5 years for an Army school in the MOS 21T, Technical Engineer. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Item 11...
ARMY | BCMR | CY2008 | 20080018888
The advisory opinion pointed out that the applicant was promoted to SFC on 1 October 2004 and held the rank continuously until appointment to WO Candidate (E-7) and subsequent appointment as a WO1 on 28 November 2007. Records show that the applicant was granted temporary Federal recognition effective 28 November 2007 upon his initial appointment in the INARNG as a WO1. Evidence of record shows the applicant was promoted to SFC on 1 October 2004 and he held the rank continuously until...
ARMY | BCMR | CY2008 | 20080018889
The applicant states, in effect, that he was informed that if he attended drug rehabilitation classes, his discharge would be upgraded following his date of separation from active duty. Block 24 (Character of Service) of the DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to him at the time shows that he received an "Under Honorable Conditions" characterization of service. Therefore, he is not entitled to an upgrade of his general discharge to an honorable discharge.
ARMY | BCMR | CY2008 | 20080018890
At the time the applicant entered into the ROTC contract, he further acknowledged his understanding that if he failed to complete the educational requirements of his agreement or was disenrolled from the ROTC program, the Secretary of the Army or his designee could order him to active duty as an enlisted Soldier; or in lieu of being ordered to active duty, he could be required to repay the financial assistance he received through the ROTC program, plus interest. In the notification, the...
ARMY | BCMR | CY2008 | 20080018892
The applicant provides a copy of Sergeant N-----'s DA Form 638, dated 29 December 2007, with the applicants SSN on it; and Sergeant N-----'s AAM Certificate, with the applicants SSN on it, in support of his application. Therefore, the AAM Certificate should be removed from the applicant's records and refiled in the appropriate records of the other Soldier, with the correction of the SSN. As a result, the Board recommends that all Department of the Army records of the individual concerned...
ARMY | BCMR | CY2008 | 20080018893
On 31 January 1977, the applicant, who was 18 years, 3 months, and 29 days of age at the time, enlisted in the Regular Army for 3 years. Army Regulation 635-200, 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.
ARMY | BCMR | CY2008 | 20080018896
A DD Form 616 shows the applicant returned to military control on 25 August 2003. Therefore, there is no basis for granting the applicant's request that the DD Form 553 and DD Form 616 be moved from the performance section to the restricted section of his OMPF. _______ _ _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 | 20080018898
The applicant requests that a memorandum dated 24 February 2006, disqualifying him for the award of the Army Good Conduct Medal, be removed from his Official Military Personnel File (OMPF). He has provided no evidence to show that the disqualification memorandum for award of the Army Good Conduct Medal was published or filed in error. ________XXX______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...
ARMY | BCMR | CY2008 | 20080018900
The applicant requests, in effect, that his overseas service and any awards he may be entitled to be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). Item 12f (Foreign Service) of the applicant's DD Form 214 shows the entry 0000 Years / 00 Months / 00 days. 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 and...
ARMY | BCMR | CY2008 | 20080018903
The available evidence shows that a DD Form 214 should have been prepared for the applicant for his active duty service performed prior to his commissioning. In the absence of evidence to the contrary, it must be presumed that the United States Army Infantry School prepared a DD Form 214 for the applicant for the period 30 June 2005 through 14 December 2005, just as it would have for all other officer candidate school graduates upon their commissioning. However, since the applicant does...
ARMY | BCMR | CY2008 | 20080018907
The applicant's records show he enlisted in the U.S. Army Reserve (USAR) on 23 December 1987. On 5 November 2008, the applicant enlisted in the Regular Army for a period of 3 years and 2 weeks in pay grade E-6. The evidence of record shows that the applicant is a former member of the RC and held a grade above that of E-6 at the time he elected to enlist in the Regular Army; therefore, a grade determination was required and was submitted by the applicants recruiter to Headquarters, USAREC.
ARMY | BCMR | CY2008 | 20080018909
The applicant provides an American Board of Medical Specialties Certification Credentials Profile, certification letters from the American Board of Family Practice, a Medical Operational Data System Special Pay Record Brief, an email, a pay inquiry, Leave and Earnings Statements, an Officer Record Brief, and a request to the Special Pay Branch for BCP in support of his application. The advisory opinion points out that a review based on the applicant's request, supporting documentation, and...
ARMY | BCMR | CY2008 | 20080018913
The applicant's records show she was awarded the Army Commendation Medal. The applicant's records show she was awarded the Iraq Campaign Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding her the Army Good Conduct Medal for the period 11 August 2004 through 10 August 2007; and b. amending her DD Form 214 to add award of the Army Commendation Medal, the Army Good Conduct Medal, and one bronze service star...
ARMY | BCMR | CY2008 | 20080018914
In his request for discharge, the applicant indicated he understood that by requesting discharge, he was admitting guilt to the charges against him, or of a lesser included offense, that also authorized the imposition of a bad conduct discharge or a discharge under other honorable conditions. The DD Form 214 he was issued at the time shows he was discharged for the good of the service with an under other than honorable conditions character of service. AR 635-200, paragraph 3-7a, provides...
ARMY | BCMR | CY2008 | 20080018916
The applicant [the former spouse] requests, in effect, that the deceased former service member's (FSM's) records be corrected to show that she was designated the former spouse, beneficiary of the Survivor Benefit Plan (SBP) annuity. Title 10, U. S. Code, section 1450(f)(3)(A) permits a former spouse to make a written request that an SBP election of former spouse coverage be deemed to have been made when the former spouse is awarded the SBP annuity incident to a proceeding of divorce. The...
ARMY | BCMR | CY2008 | 20080018917
Based on a review of his official records and all documentation provided by the applicant, only 17 years, 10 months, and 7 days of qualifying service for retirement could be verified. To be eligible for non-regular retired pay, a Reserve Soldier, upon reaching age 60, must have completed 20 qualifying years of service. The basic requirements to qualify for a Reserve retirement are: attaining 20 qualifying years of service (a qualifying year of service is credited for each year in which the...
ARMY | BCMR | CY2008 | 20080018918
On 24 February 2006, the applicants immediate commander notified the applicant of his intent to initiate separation action against him in accordance with paragraph 14-12(c) of Army Regulation 635-200 (Personnel Separations) for misconduct-commission of a serious offense. On 7 April 2006, the separation authority approved the applicants discharge under the provisions of chapter 14 of Army Regulation 635-200 by reason of misconduct-commission of a serious offense, and directed the applicant...
ARMY | BCMR | CY2008 | 20080018919
On 3 May 1989, the applicant's commander informed him that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200, paragraph 14-12b, due to a pattern of misconduct. There is no evidence to show that he ever applied to the Army Discharge Review Board for an upgrade of his discharge within that Boards 15-year statute of limitations. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for...
ARMY | BCMR | CY2008 | 20080018921
The applicant requests correction of his military records to show that his $18,547.30 debt to the United State government was forgiven. On 16 November 2003, the separation authority approved the applicants request for discharge and directed that he be discharged from the United States Army with service characterized as Under Other Than Honorable Conditions. It allows all Active Army Soldiers and those in the Active Guard/ Reserves program to submit an application for remission or...
ARMY | BCMR | CY2008 | 20080018927
The applicant requests correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes...
ARMY | BCMR | CY2008 | 20080018930
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 7 January 2008, be corrected to show the dates he received imminent danger pay, deployment dates, and any medals which he is entitled to receive. There are no other records to show the dates the applicant was deployed to Kuwait. Since deployed service entries on a DD Form 214 are exact dates, and there is insufficient evidence showing the exact dates the applicant served...
ARMY | BCMR | CY2008 | 20080018931
The applicant's records show he was inducted into the Army of the United States and entered active duty on 25 February 1971. The applicant's records do not contain General Orders showing he was awarded the Bronze Star Medal. In the absence of orders, there is insufficient evidence to award the applicant the Bronze Star Medal.
ARMY | BCMR | CY2008 | 20080018932
The applicant provides a DA Form 1058-R (Application for Active Duty Training for Special Work, Temporary Tour of Active Duty, and Annual Training for Soldiers of the Army National Guard and U.S. Army Reserve), dated 14 December 2004, which shows that he acknowledged and accepted reassignments during the COTTAD period commencing with the completion of 730 days of mobilization under the provisions of Title 10, U.S. Code, section 12302 on or about 30 May 2006 for a period of 156 days. ...
ARMY | BCMR | CY2008 | 20080018935
IN THE CASE OF: BOARD DATE: 23 April 2009 DOCKET NUMBER: AR20080018935 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. He also noted that, if the applicant requested it and an administrative board considered the case, the separation authority could not direct a less favorable discharge than the board recommended. On 11 May 2001 the applicant was separated with a general discharge under the provisions of Army Regulation 635-200, paragraph 14-12c for misconduct by commission of a serious offense.
ARMY | BCMR | CY2008 | 20080018940
As stated in the previous Record of Proceedings, the applicant's DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) is not available. On 20 August 2005, the applicant was discharged from the Army National Guard and as a Reserve of the Army for appointment as a commissioned or warrant officer. The applicant's contention that his service as an officer in the Regular Army should fulfill his obligation under his breached ROTC contract was considered.
ARMY | BCMR | CY2008 | 20080018941
The applicant requests, in effect, in two separate applications, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 23 September 1999 through 12 September 2004 to show that he completed 15 years, 5 months, and 27 days of qualifying service for retired pay; and that he be granted a 15-year retirement or offered the opportunity to continue on active duty (COAD) or continue in an active Reserve (COAR) status. Army Regulation 635-40 (Physical...
ARMY | BCMR | CY2008 | 20080018948
Application for correction of military records (with supporting documents provided, if any). The applicant provides her DD Form 214 (Certificate of Release or Discharge from Active Duty) and a DA Form 2627 (Record of Proceedings Under Article 15, UCMJ) in support of her application. Paragraph 16-8, in effect at the time, provided the authority to separate members under Headquarters, Department of the Army (HQDA) directed voluntary and involuntary early separation programs due to reduction...
ARMY | BCMR | CY2008 | 20080018954
IN THE CASE OF: BOARD DATE: 23 APRIL 2009 DOCKET NUMBER: AR20080018954 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant also provided a memorandum, subject: Determination of Validity of Divorce (K___ S___), dated 6 September 2007, from the Chief, Administrative Law Division as new evidence. As stated in the previous case, the determination on whether the FSM's divorce is legal and/or valid can only be made by a court of law, and not by the ABCMR.
ARMY | BCMR | CY2008 | 20080018957
The applicant provides, in support of his request, copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty); the June 2005 arrest and counseling records; documentation of his Physical Evaluation Board (PEB); and Department of Veterans Affairs (VA) civilian contractor mental health treatment records. Title 10, United States Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of service or a disability rated at...
ARMY | BCMR | CY2008 | 20080018961
Part Va (Performance and Potential) evaluates the rated officers performance and potential for promotion. The records of Soldiers who fail a record APFT for the first time and those who fail to take the APFT within the required time period must be flagged in accordance with Army Regulation 600-8-2 (Suspension of Favorable Personnel Actions). A diagnostic APFT is not a record APFT.
ARMY | BCMR | CY2008 | 20080018964
The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 14 July 2006 to 22 March 2008; a DA Form 2173 (Statement of Medical Examination and Duty Status) and DD Form 689 (Individual Sick Slip), both dated 10 January 2007; three pages of Standard Form (SF) 600 (Health Record Chronological Record of Medical Care), dated 19 September 2007; a four-page SF 600, dated 10 October 2007; three three-page SFs 600, dated 16, 18, and 25 October 2007;...
ARMY | BCMR | CY2008 | 20080018976
The applicants military records are not available to the Board for review. The applicant's conduct and efficiency ratings are not present in the available records and there is no evidence to show that he was awarded the Good Conduct Medal. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of...