ARMY | BCMR | CY2008 | 20080021304
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that his bad conduct discharge (BCD) be upgraded. His Official Military Personnel File (OMPF) contains a Personnel Action (DA Form 4187), dated 29 August 1991, which shows he received non-judicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) on 22 April 1991.
ARMY | BCMR | CY2008 | 20080025208
The applicant requests, in effect, reconsideration of his request that his under other than honorable conditions (UOTHC) discharge be upgraded. On 30 September 1988, the separation authority approved the applicant's discharge under the provisions of chapter 10, Army Regulation 635-200 for the good of the service, and directed the applicant receive an UOTHC discharge. The evidence of record confirms the applicant was charged with the commission of offenses punishable under the UCMJ with a...
ARMY | BCMR | CY2008 | 20080039330
Application for correction of military records (with supporting documents provided, if any). It states, in pertinent part, that the SPD code JJD is the appropriate code to assign to Soldiers separated under the provisions of Chapter 3, Army Regulation 635-200, by reason of court-martial. 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 | AR20080000892
The applicant requests, in effect, reconsideration of his previous request that: a. his discharge under other than honorable conditions be upgraded to an honorable discharge; b. award of all combat medals and service badges that he is entitled including the Overseas Combat Service Medal (correctly known as the Armed Forces Expeditionary Medal), the Combat Infantryman Badge, the Jungle Expert Badge, the Heavy Equipment Operator Badge, and the 82nd Airborne Combat Patch; c. Amphibious Warfare...
ARMY | BCMR | CY2008 | AR20080001530
However, at the time of the applicant's separation the regulation provided for the issuance of an undesirable discharge. However, the evidence of record shows that he went AWOL on three separate occasions and that he had approximately 206 days of lost time due to AWOL and confinement. In regard to the applicant's contention that he was discharged from Fort Riley, Kansas, his record shows that he was at Fort George G. Meade, Maryland, in pre-trial confinement at the time of his discharge...
ARMY | BCMR | CY2008 | AR20080002202
The applicant requests, in effect, that his Undesirable Discharge be upgraded and the reason for his discharge be changed to a medical discharge. The applicant states, in effect, that he should have been given a medical discharge and not an undesirable discharge. There is no evidence in his service record, and the applicant provided none to show his physical profile and code were changed before he was discharged from the Army.
ARMY | BCMR | CY2008 | AR20080006854
The applicant states, in effect, he was told he was going to be discharged with a medical discharge because of his condition. The applicant's military records show he enlisted in the Regular Army, in pay grade E-1, on 1 November 1968, for 3 years. Army Regulation 635-200, in effect at the time, set forth the basic authority for separation of enlisted personnel.
ARMY | BCMR | CY2008 | AR20080007270
The applicant requests, in effect, correction to the service entry date on his DD Form 214 (Report of Separation from Active Duty), dated 30 January 1978. In view of the circumstances in this case, the applicant is not entitled to correction to Item 15 of his DD Form 214, dated 30 January 1978. He was separated for immediate reenlistment on 30 January 1978 and provided a DD Form 214.
ARMY | BCMR | CY2008 | AR20080008120
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. He also asks that his 2007 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his combat and other service awards as well as his complete military training. Army Regulation 635-5-1 (Separation Program Designated Codes), Table 2-3, states that the SPD code of JKK denotes involuntary discharge by reason of misconduct (Drug Abuse).
ARMY | BCMR | CY2008 | AR20080008922
The applicant requests that his 1996 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect award of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) and the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K). The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 1990 and 1997. The applicant was released from active duty on 19 October 1996 with...
ARMY | BCMR | CY2008 | AR20080009449
Application for correction of military records (with supporting documents provided, if any). Contrary to his belief, his September 1967 Military Payment Voucher does not confirm he "served in-country" in Vietnam, but rather his entitlement to foreign duty pay was based on his assignment in Thailand. Soldiers who served in Thailand in direct support of operations in Vietnam were eligible for Vietnam Service Medal.
ARMY | BCMR | CY2008 | AR20080010036
He also notes that his military occupational specialty (MOS) 55D (Explosive Ordnance Disposal (EOD) Specialist) was not recorded on his separation document. Item 14 (Military Education) reflects various other military training the applicant completed while on active duty but does not reflect completion of the Basic Explosive Ordnance Disposal-Surface Phase Course or the Basic Explosive Ordnance Disposal-Nuclear Phase Course. Army Regulation 635-5 (Separation Documents), in effect at the...
ARMY | BCMR | CY2008 | AR20080010172
The applicant requests, in effect, that his 2008 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect award of the Purple Heart, two awards of the Army Commendation Medal, one with a V device, the Combat Action Badge, and any other decorations he may be entitled to that he did not receive. The Soldier must [not] be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge. In March 2007...
ARMY | BCMR | CY2008 | AR20080010175
The applicant requests that a V device be added to his award of the Army Commendation Medal and both awards of the Bronze Star Medal. 6. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Army Commendation Medal with V Device or an award of the Bronze...
ARMY | BCMR | CY2008 | AR20080011615
IN THE CASE OF: BOARD DATE: 6 January 2009 DOCKET NUMBER: AR20080011615 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicants military records are not available to the Board for review. Item 18 (Date of Birth) on his DD Form 214 indicates he was born on 24 June 1950.
ARMY | BCMR | CY2008 | AR20080012259
Records available to the Board indicate the applicant entered active duty as a Regular Army enlisted Soldier on 26 July 1983 after approximately 2 years in the U.S. Army Reserve. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) notes that individuals last separated from active duty in pay grade E-1 with more than 6 months of total active service are precluded from returning to military service if their prior service was not characterized as honorable. Since the...
ARMY | BCMR | CY2008 | AR20080013074
United States Army Vietnam General Orders Number 1281, dated 29 October 1965, and contained in his official military personnel file (OMPF), confirmed the award. Records show the FSM 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 adding the following awards to the FSMs separation document issued on 12 December 1972: a. the Air Medal with Numeral 2; b. a silver service star to be...
ARMY | BCMR | CY2008 | AR20080013969
The applicant requests, in effect, that the American Campaign Medal, European-African-Middle Eastern Campaign Medal with one silver service star, the World War II Victory Medal, and the Honorable Service Lapel Button for World War II be added to his 1945 separation document. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2008 | AR20080015396
The waiver was approved and on 21 July 2006 the applicant executed a 6 year enlistment contract with the Kentucky Army National Guard. The opinion recommended denial of the applicants request citing United States Code Title 37, Chapter 5, Section 308i(a)(2)(A) which states the person has not more than 16 years of total military service and received an honorable discharge at the conclusion of all prior periods of service. The opinion noted the applicant was not eligible for the bonus as...
ARMY | BCMR | CY2008 | AR20080015632
If the applicant had already completed his degree requirements he would have been promoted on 1 October 2002, his Promotion Eligibility Date (PED). It was also noted that officers commissioned through OCS are briefed on the requirement to complete their degree before being eligible for promotion to captain but they are not notified individually to submit a waiver for the education requirement prior to the captains board. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2008 | AR20080015975
The applicant requests that his 1986 discharge under honorable conditions be upgraded to fully honorable. On 13 December 1985, the applicant was notified of his unit commanders intent to recommend him for elimination from the U.S. Army, under the provisions of paragraph 13-2a, chapter 13, Army Regulation 635-200 (Personnel Separations Enlisted Personnel) with a recommendation that he be issued a general discharge under honorable conditions. Service of individuals separated because of...
ARMY | BCMR | CY2008 | AR20080016057
Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. However, in the absence of evidence that his discharge under other than honorable condition was in error, unjust, or unfair, there is no basis to upgrade the applicant's discharge based solely on the fact that he may...
ARMY | BCMR | CY2008 | AR20080016134
The MEBD narrative summary accompanying the MEBD proceedings noted the applicant began having some back pain during his initial enlistment period. In July 2008 the applicant was notified that the Department of Veterans Affairs (VA) had determined the applicant suffered from post-traumatic stress disorder, granting him a 50 percent disability rating for that condition effective 26 January 2008. The evidence of record shows that the Army rates only conditions determined to be physically...
ARMY | BCMR | CY2008 | AR20080016401
The applicant requests that his date of promotion to the rank of major be corrected to 24 March 2005 vice 28 August 2007. The opinion concluded that the applicant was granted consideration by a special board due to an incorrect data input of his date of rank for captain in his records and was subsequently granted promotion eligibility for major effective 24 March 2005 by the special selection board. As a result of consideration by a special selection board in May 2007, the applicant was...
ARMY | BCMR | CY2008 | AR20080016473
These orders list the applicants first digit of his social security number as 2. A statement from the National Personnel Records Center also shows the first digit of his social security number as 2 which is consistent with the information provided by the applicant on an application for a copy of his 1967 separation document. There is sufficient evidence to confirm the first digit of the applicants social security number is 2 and not 3 as currently shown on his 1967 separation...
ARMY | BCMR | CY2008 | AR20080016711
The applicants military records are not available to the Board for review. On 9 September 1955 the applicant's unit commander requested a board of officers be convened to determine if the applicant should be separated from the service under the provisions of Army Regulation 615-368 for unfitness. 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 | AR20080016728
The applicant requests that his records be corrected to reflect award of the Sniper Badge. 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. _______ _ xxx _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...
ARMY | BCMR | CY2008 | AR20080016730
The applicant requests that his 1984 dishonorable discharge be upgraded. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. 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 | AR20080016810
Application for correction of military records (with supporting documents provided, if any). This document shows the unit (2nd Battalion, 27th Infantry), to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 30 September 1970 by Department of the Army General Order Number 5, dated 1973 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1...
ARMY | BCMR | CY2008 | AR20080016878
The DD (Department of Defense) Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued to the applicant on 23 April 1968, shows he was discharged, in the rank of private/E-1, under the provisions of chapter 5, Army Regulation 635-200, by reason of not meeting the medical standards at time of enlistment. Army Regulation 635-200, in effect at the time, set forth the basic authority for separation of enlisted personnel. A medical board proceeding was required to...
ARMY | BCMR | CY2008 | AR20080016908
Application for correction of military records (with supporting documents provided, if any). The applicant states his DD Form 214 (Certificate of Release or Discharge from Active Duty) does not reflect his Desert Storm Duty. He states he was injured and processed out of the Army so fast his documentation failed to reflect his service in action. According to documents associated with his disability processing, the applicant underwent a Medical Evaluation Board (MEB) in Germany in July 1994.
ARMY | BCMR | CY2008 | AR20080016989
The applicant requests that the following items on his 1986 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected: item 12a (Dated Entered AD [active duty] This Period) to show 760420 (20 April 1976); item 12c (Net Active Service This Period) to show 100727 (10 years, 7 months, and 27 days); and item 12e (Total Prior Active Service) to show 000328 (3 months and 28 days). A separation document was issued which captured the applicant's period of military service...
ARMY | BCMR | CY2008 | AR20080017065
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that his records be corrected to reflect entitlement to three bronze service stars denoting participation in three campaign periods, and an award of the Meritorious Unit Commendation. The evidence confirms the applicant did participate in three designated campaign periods and as such is entitled to three bronze service stars for wear on his European-African-Middle...
ARMY | BCMR | CY2008 | AR20080017087
Records show the applicant was awarded the Vietnam Service Medal. As such, it would be appropriate and in the interest of justice to award the applicant the Good Conduct Medal for the period 15 July 1963 through 4 July 1966 and to add it to his separation document. 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 Medal from his DD Form 214; b. awarding him the Army Good Conduct Medal for...
ARMY | BCMR | CY2008 | AR20080017107
The applicant indicated in his request for discharge that he understood that if his discharge request was approved, that he could be discharged under other than honorable conditions and furnished an under other than honorable conditions discharge certificate. The applicant's military service records show that he voluntarily requested discharge for the good of the service in lieu of trial by court-martial and acknowledged guilt of the charges against him. The applicant states in his...
ARMY | BCMR | CY2008 | AR20080017119
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his characterization of service within its 15-year statute of limitations 11. The service of Soldiers separated because of unsatisfactory performance will be characterized as honorable or under honorable conditions as warranted by their military record.
ARMY | BCMR | CY2008 | AR20080017178
This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. Record shows 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 amending his DD Form 214 to add the Air Medal, three bronze service stars for wear on his already-awarded Vietnam Service Medal, the Republic of Vietnam Gallantry...
ARMY | BCMR | CY2008 | AR20080017186
The FSM's 1966 separation document which reflected his service between 15 November 1960 and 14 November 1966 reflects "None" in item 27 (Wounds Received as a Result of Action with Enemy Forces). The basis for the entries on the copy of the DA Form 20 the applicant submitted in support of her request cannot be verified and are not recorded on the original of that form which is contained in the FSM's military personnel file. The FSM's record does confirm he was awarded the second award of...
ARMY | BCMR | CY2008 | AR20080017233
The applicant states, in effect, that he is entitled to the Bronze Star Medal based on his award of the Combat Infantryman Badge during World War II. 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 applicants failure to timely file. DISCUSSION AND...
ARMY | BCMR | CY2008 | AR20080017269
The Army must find that a service member is physically unfit to reasonably perform their duties and assign an appropriate disability rating before they can be medically retired or separated. Army Regulation 635-40 states: a. the percentage assigned to a medical defect or condition is the disability rating. Hyphenated codes are used when the VASRD provides that a listed condition is to be rated as some other code, for example, myocardial infraction rated as arteriosclerotic heart disease...
ARMY | BCMR | CY2008 | AR20080017298
The opinion stated that the effective date of promotion for an Army National Guard commissioned officer who is promoted in the State is the date the Chief, National Guard Bureau extends Federal Recognition. NGR 600-100 states that the promotion of officers in the Army National Guard is a function of the State and that the effective date of promotion for an Army National Guard officer who is promoted in the State is the date the Chief, National Guard Bureau extends Federal Recognition,...
ARMY | BCMR | CY2008 | AR20080017318
Accordingly, on 28 October 1986, the applicant was discharged from the Army with a bad conduct discharge, in the rank and pay grade of Private (PV1)/E-1, pursuant to the sentence of a special court-martial. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the...
ARMY | BCMR | CY2008 | AR20080017354
His DD Form 214, which the applicant authenticated, reflects his grade and rank at the time of his separation as PVT (private) E-1. On that enlistment document, which the applicant authenticated, his grade and rank at the time of his June 1969 release from active duty was recorded as PV1 E1. The evidence available to the Board confirms the applicant was serving in the rank of private E-1 at the time of his release from active duty in 1969.
ARMY | BCMR | CY2008 | AR20080017385
A 4 August 2008 e-mail from the Lead Financial Systems Analyst Debt Management at Cadet Command informed the applicant that she had forwarded a statement to DFAS noting that the applicants ROTC debt should have been suspended when the applicant completed the ROTC program and contracted with Army National Guard. In view of the facts of this case, it is appropriate to correct the record to show that the applicant has satisfied his ROTC contractual obligation by cancelling his current...
ARMY | BCMR | CY2008 | AR20080017388
The evidence confirms the applicant was awarded an Expert Marksmanship Qualification Badge with Machinegun Bar [M-60], a Marksman Marksmanship Qualification Badge with Automatic Rifle Bar [M-16], the Parachutist Badge, the Combat Infantryman Badge, the Air Medal, the Bronze Star Medal, and the Army Good Conduct Medal. 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...
ARMY | BCMR | CY2008 | AR20080017441
The applicant provides a copy of his February 1992 Notification of Eligibility for Retired Pay at Age 60, a copy of a November 2007 letter from the Defense Finance and Accounting Service (DFAS) stating that his former spouse did not file a deemed election with U.S. Military Retired Pay within 1 year of the divorce and is therefore not eligible for the benefit, documents associated with his divorce, a copy of his current marriage certificate, a copy of his retired pay account, a copy of his...
ARMY | BCMR | CY2008 | AR20080017717
It provides 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 Regulation 635-5-1 (Separation Program Designated Codes), Table 2-3, states that the SPD code KFS denotes discharge for the good of the service in lieu of court-martial. Since the applicant was properly discharged, there is no reason to change a correctly assigned RE code.
ARMY | BCMR | CY2008 | AR20080017777
The applicant requests that either his 1990 RCSBP (Reserve Component Survivor Benefit Plan) election be changed from Option C-Spouse Only-Reduced Annuity to Option A-Defer or that he be permitted to increase his Survivor Benefit Plan (SBP) coverage to an annuity based on the full amount of retired pay effective upon reaching age 60 without a concurrent change to the RCSBP coverage. The applicant states that when he submitted his retirement package at age 60 he elected full SBP benefits. He...
ARMY | BCMR | CY2008 | AR20080017928
On 17 February 1987 the applicant acknowledged receipt of a proposed separation action under the provisions of Chapter 14, Army Regulation 635-200 (Personnel Separations Enlisted Personnel) as a result of his conviction by the Seoul District Criminal Court. A discharge under other than honorable conditions was normally appropriate for a Soldier discharged under this chapter. Paragraph 14-12c of the same regulation specifically provided for the separation of Soldiers as a result of...
ARMY | BCMR | CY2008 | AR20080018006
Application for correction of military records (with supporting documents provided, if any). The applicant provides a copy of his 31 January 2005 Officer Record Brief which shows a baccalaureate degree from Lehigh University was completed in 2002; a letter, dated 13 February 2008, from Lehigh University confirming the date his degree was awarded; a copy of an extract from his Reserve Record showing his civilian education level as a baccalaureate degree; his November 2006 nonselection for...