ARMY | BCMR | CY2008 | 20080007784
On 30 May 1972, the applicant was discharged with an undesirable discharge and a characterization of service of under other than honorable conditions in pay grade E-1, under the provisions of Army Regulation 635-212 for unfitness. Therefore, the ADRB voted to grant partial relief by upgrading his discharge to general under honorable conditions. Although the ADRB upgraded the applicants undesirable discharge to a general discharge under honorable conditions because the evidence indicated...
ARMY | BCMR | CY2008 | 20080007791
The applicant requests, in effect, award of the Meritorious Service Medal and its addition to his DD Form 214 (Certificate of Release or Discharge from Active Duty). The applicants records contain a DA Form 638-1 (Recommendation for Award of (For Other Than Valor) Army Achievement Medal, Army Commendation Medal, and Meritorious Service Medal), dated 2 March 1983. The evidence shows the applicant's recommendation for award of the Meritorious Service Medal was downgraded to the Army...
ARMY | BCMR | CY2008 | 20080007792
His records do not show any significant acts of valor during his military service. Army Regulation 635-200 states, in pertinent part, 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. Table 3-1 included a list of the Regular Army Reenlistment Eligibility Codes (RE codes): a. RE1, applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army.
ARMY | BCMR | CY2008 | 20080007794
On 18 July 1978, the applicant's commander recommended that he be discharged under the provisions of Chapter 14, Army Regulation 635-200 due to fraudulent enlistment for failing to list his convictions in item 40 of his DD Form 1966/4. Army Regulation 635-200, chapter 14, in effect at the time, provided that commanders exercising general court-martial jurisdiction were authorized to approve a discharge of an enlisted person for fraudulent enlistment or to void a fraudulent enlistment by...
ARMY | BCMR | CY2008 | 20080007803
On 3 March 1971, the separation authority approved the applicants request for discharge and directed that he be furnished an undesirable discharge. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. Therefore, the applicant's record of service is insufficiently meritorious to warrant an honorable discharge or a general discharge.
ARMY | BCMR | CY2008 | 20080007808
He also states that he has lived with his poor judgment for 23 years, and would like to have the Army Board for Correction of Military Records (ABCMR) consider his service in full, and not based on a single irresponsible act. The applicant's military records do not show that he was married at any time during his military service. Historically and at the time of the applicant's pending assignment to Germany, first-term Soldiers, which the applicant was at the time, who did not have...
ARMY | BCMR | CY2008 | 20080007811
c. His service medical records show he exhibited schizoid features in 1981, but he received no treatment. The applicant provides: a. He provides evidence dating from January 1981 which shows he was referred for a psychiatric consultation due to anxiety and sleeplessness.
ARMY | BCMR | CY2008 | 20080007812
The applicant also understood that if his request for discharge was accepted, he may be discharged under other than honorable conditions and furnished an Under Other Than Honorable Conditions Discharge Certificate. There is no evidence in the applicant's military records, and the applicant failed to provide any evidence which shows that he suffered from bipolar disorder at any time during his military service. The applicant's record of service shows that he accepted NJP under Article 15 of...
ARMY | BCMR | CY2008 | 20080007822
Application for correction of military records (with supporting documents provided, if any). The evidence of record further shows the applicant voluntarily requested discharge to avoid a court-martial that could have resulted in his receiving a punitive discharge. The UOTHC discharge the applicant received was normal and appropriate under the regulatory guidance, and his overall record of service clearly did not support the issuance of a GD or HD by the separation authority at the time,...
ARMY | BCMR | CY2008 | 20080007832
IN THE CASE OF: BOARD DATE: 29 May 2008 DOCKET NUMBER: AR20080007832 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicants military records are not available to the Board for review. Nevertheless, at the time of the applicant's unfortunate incident in the Philippines, the United States was not at war with nor was the Philippines, as a country and people, considered an enemy of the United States.
ARMY | BCMR | CY2008 | 20080007833
The applicant requests correction of appropriate military records to show a reentry eligibility (RE) code which would allow enlistment. He states that he was discharged with severance pay because there were too many Soldiers in the Army and that he did not realize that he would be unable to apply to continue his Government service or to receive his retirement. The available records do not show the dates of his promotion to the pay grades of E-3 and E-4; however, the records do show that...
ARMY | BCMR | CY2008 | 20080007837
The applicant requests correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of four rather than just three Purple Hearts for wounds received during his service in the Republic of Vietnam. General Orders Number 14391, 101st Airborne Division, dated 10 December 1970, awarded the applicant a second Purple Heart for wounds received on 19 February 1970; and a third Purple Heart for wounds received in action on 6 July 1970. DISCUSSION...
ARMY | BCMR | CY2008 | 20080007840
Application for correction of military records (with supporting documents provided, if any). Service members must be bona fide members of a unit participating in or be engaged in the direct support of the operation for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days duration) or for 60 nonconsecutive days provided this support involved entering the area of operations or meet one or more of the following criteria: a. be engaged in...
ARMY | BCMR | CY2008 | 20080007842
The applicant requests, in effect, that his discharge under other than honorable conditions be upgraded to an honorable discharge. Also on 20 September 1977, the applicant voluntarily requested discharge for the good of the service under the provisions of Chapter 10 (Discharge in Lieu of Trial by Court-Martial), Army Regulation 635-200 (Enlisted Personnel), and understood that he could request discharge for the good of the service because charges had been preferred against him under the...
ARMY | BCMR | CY2008 | 20080007843
The applicant requests, in effect, that Item 24 ((Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his separation document (DD Form 214) be corrected to show the Army Good Conduct Medal (AGCM), and all other unit awards to which he may be entitled. The evidence of record also confirms that based on his service and campaign participation in the RVN, the applicant is entitled to the MUC, RVN Gallantry Cross with Palm Unit Citation, RVN...
ARMY | BCMR | CY2008 | 20080007845
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 5 September 1969 be corrected to show his name as Henry L____ C____, III. 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. His DD Form 4 (Enlistment Record...
ARMY | BCMR | CY2008 | 20080007846
The applicant requests, in effect, that his discharge under other than honorable conditions be upgraded to a general discharge. The applicant further understood that if his request for discharge was accepted, he may be discharged under other than honorable conditions. On 25 January 1989, the proper authority approved the applicants discharge under Army Regulation 635-200, Chapter 10, and directed that he be furnished an Under Other Than Honorable Conditions Discharge Certificate.
ARMY | BCMR | CY2008 | 20080007848
The applicant requests, in effect, that the character of service shown on his DD Form 214, be changed from an Entry Level Separation Uncharacterized to General, Under Honorable Conditions; and that his DD Form 1966/6, Application for Enlistment Armed Forces of the United States, be completed. The applicant states, in effect, that his discharge should have been characterized as a General, Under Honorable Conditions, Discharge as opposed to an entry level separation Uncharacterized...
ARMY | BCMR | CY2008 | 20080007850
The applicant requests, in effect, reconsideration of his request for correction of his military service records to show award of the Combat Infantryman Badge. The SF 189 shows, in pertinent part, that the applicant requested his total service record book including medical. The NA Form 13045 shows that the applicant was informed the medical records he requested were lent to the Veterans Administration and referred the applicant to the VA claim number. The evidence of record shows that...
ARMY | BCMR | CY2008 | 20080007851
However, over a period of time his left knee continued to bother him. The PEB determined that the applicant was physically unfit due to pain in the left achilles tendon, pain in the right knee, quadriceps tendinitis; and pain in his back. Therefore, he should be medically retired from the Army.
ARMY | BCMR | CY2008 | 20080007854
The applicant provides copy of an approved DA Form 638 (Recommendation for Award) dated 4 February 2007 and certificate dated 9 March 2007 for award of the ARCOM (downgraded from a recommendation for award of the BSM); a copy of a memorandum from the Commanding General (CG), Headquarters, Multi-National Division (Baghdad), subject: Reconsideration of BSM Submission, dated 20 November 2007; and a copy of a DA Form 638, dated 25 October 2007 and certificate (undated) awarding the applicant the...
ARMY | BCMR | CY2008 | 20080007859
The applicant provides: a. Special Orders Number 10 AR, Headquarters, National Guard Bureau, Washington, DC, dated 26 January 1993, showing his Federal recognition date to captain as 5 December 1992. c. A copy of Army National Guard Retirement Points History Statement prepared on 19 December 2001. d. Copies of three DA Forms 67-8 (US Army Officer Evaluation Report) for the periods 19920919-19930506, 19930507-19940411, and 19980209-19980531. The record does contain orders from the Louisiana...
ARMY | BCMR | CY2008 | 20080007862
The applicant acknowledges her actions were harmful to the units mission and states that she was a private and should have received Uniform Code of Military Justice discipline for her actions. The applicants battalion and brigade commanders cited the applicants support to the chain of command in determining the facts of the case and recommended approval of her request for discharge in lieu of trial by court-martial with an other than honorable discharge under the provisions of chapter 10...
ARMY | BCMR | CY2008 | 20080007863
IN THE CASE OF: BOARD DATE: 21 August 2008 DOCKET NUMBER: AR20080007863 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states that she requested transfer to the IRR, but her commander discharged her instead, even though she had more than 12 years of USAR service at the time. The action by the ADRB to change the characterization of the applicant's discharge from UOTHC to GD cleared one obstacle to her transfer to the IRR under the Mobilization Asset Transfer Program.
ARMY | BCMR | CY2008 | 20080007864
The available medical evidence shows that the applicant received a fracture to his right tibia in October 1967. There is no evidence the applicant received a fractured tibia as a result of enemy action. Regrettably, in the absence of evidence that the applicant was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.
ARMY | BCMR | CY2008 | 20080007870
He went on to state that he advised the applicant that he should remain in the NCARNG until he was eligible to retire and the applicant stated that he would not stay in the NCARNG as a specialist. The applicant again enlisted in the NCARNG with a medical waiver for his hearing on 28 August 1997; however, he was discharged from the NCARNG on 31 December 1998 due to unsatisfactory participation and was transferred to the USAR until the expiration of his term of service, when he was again...
ARMY | BCMR | CY2008 | 20080007871
The applicant requests correction of Item 7b (Home of Record (HOR) at Time of Entry) of her DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 30 June 2004. Given the regulatory guidance above, the fact that she listed Raleigh, NC, as her permanent address on her appointment application, and she initially enlisted at the MEPS in Raleigh, there is sufficient evidence to support the applicant's contention that Raleigh, NC was her HOR throughout her...
ARMY | BCMR | CY2008 | 20080007875
The applicant requests: a. promotion to major (MAJ) in accordance with the 2002 Department of the Army (DA) Reserve Component Selection Board (RCSB) memorandum, with an effective date of 16 July 2002. b. eligibility for promotion to the next higher rank/grade as a Reserve officer of the Army. The Orders remarked that the applicant had no security clearance and instructed that he would be discharged or transferred to the Retired Reserve (if eligible) within one year of the effective date of...
ARMY | BCMR | CY2008 | 20080007877
The FSM elected to be transferred to the Retired Reserve until such time as he was eligible to apply for non-regular Retired pay at age 60. The FSM did not enroll in the SBP and the applicant was not married to the applicant for 1 year prior to his death. __________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 | 20080007878
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Charges were preferred against the applicant on 30 May 1984 for being AWOL from 9 April 1981 to 19 May 1984. A condition of submitting such a request is that the individual concerned must admit guilt to the charges against them or of a lesser included offense which authorizes the imposition of a bad conduct or dishonorable discharge and they must indicate that they have been briefed and understand the consequences of such a request as...
ARMY | BCMR | CY2008 | 20080007879
However, his DD Form 214 shows he was discharged on 8 November 1971 under the provisions of Army Regulation 635-200, chapter 10 for the good of the service-in lieu of trial by court-martial with issuance of an undesirable discharge. There is no evidence of record which shows the applicant applied to the Army Discharge Review Board within its 15-year statute of limitations. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
ARMY | BCMR | CY2008 | 20080007884
The applicant states that his record is in error because he was in Vietnam as an infantryman, which is supported by his award of the Purple Heart and his citation for award of the Bronze Star Medal. The DD Form 214 that he was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, two Overseas Service Bars, the Sharpshooter Marksmanship Qualification Badge (Rifle M-14), and the Purple Heart. ...
ARMY | BCMR | CY2008 | 20080007888
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his service in Iraq. The applicant's DD Form 214 does not show his service performed in Iraq. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the statement "SERVICE IN IRAQ FROM 20030401 20040730" in Item 18 of the applicant's DD Form 214.
ARMY | BCMR | CY2008 | 20080007890
The applicant's military records show that he was inducted into the Army of the United States on 29 October 1968. The applicant essentially requested that he be awarded the Combat Infantryman Badge, and provided a certificate which shows that he was awarded the Army Commendation Medal during his service in Vietnam. As the applicant did not possess or serve in an infantry MOS at any time during his service in Vietnam, or was assigned to an infantry unit of brigade, regimental or smaller...
ARMY | BCMR | CY2008 | 20080007892
Application for correction of military records (with supporting documents provided, if any). 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. Although the Form SSA2458 provided by the applicant indicates he is assigned an SSAN different from the one listed in his records and on his...
ARMY | BCMR | CY2008 | 20080007894
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 11 July 1985, the applicant was discharged under other than honorable conditions under the provisions of chapter 10, Army Regulation 635-200 for the good of the service in lieu of...
ARMY | BCMR | CY2008 | 20080007895
The applicant requests award of the Iraq Campaign Medal and the Global War on Terrorism Service Medal. The evidence of record shows that the applicant served a qualifying period for award of the Global War on Terrorism Service Medal, which is not shown on his records; therefore, he is entitled to correction of his records to show this award. The evidence of record further shows that the applicant was awarded the Global War on Terrorism Expeditionary Medal.
ARMY | BCMR | CY2008 | 20080007898
The applicant requests that his home of record (HOR) be changed from Florida to New York. Item 7b (Home of Record at Time of Entry) on the applicants DD Form 214 (Certificate of Release or Discharge from Active Duty) shows his HOR as Pompano Beach, FL. The evidence does indicate that he was a resident of New York at the time he enlisted.
ARMY | BCMR | CY2008 | 20080007900
There is no evidence of record that shows the applicant was reassigned to Company C, 801st Maintenance Support Battalion, 101st Airborne Division (Air Assault) prior to her retiring. Therefore, item 8a of the applicant's DD Form 214 with the period ending 31 August 2004 should be corrected to show Company D, 801st Maintenance Support Battalion, Forces Command. _______ xxxx_______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army...
ARMY | BCMR | CY2008 | 20080007902
The applicant requests that he be awarded the Korean Defense Service Medal (KDSM). The applicant states that he is eligible to receive the award of the KDSM for his service in Korea from May 1999 to July 2001 even though it was not authorized until after his separation from the Army. Due to the extensive time period for KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.
ARMY | BCMR | CY2008 | 20080007903
The applicant states My eligibility for promotion to CW4 was not considered by the April 18-23, 2008 promotion Board. The applicant should have been considered for promotion to CW4 by the 2008 promotion selection board. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by submitting his records to a duly constituted Special Selection Board for consideration for Reserve promotion to Chief Warrant Officer Four under the 2008...
ARMY | BCMR | CY2008 | 20080007904
On 9 July 1982, 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 and that he be reduced to the lowest enlisted grade. There is no evidence showing that the applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge within that board's 15-year statute of limitations. 3 The evidence of record confirms the...
ARMY | BCMR | CY2008 | 20080007906
Army Regulation 601-210, paragraph 4-5(b) states any applicant who was last separated or discharged from any Component of the Armed Forces for medical reasons with or without disability will require a waiver for enlistment into the Regular Army or Army Reserve. Evidence of record shows the applicant was separated from active duty and placed on the TDRL. However, since the applicant is no longer drawing retired pay, he might be eligible to request that the recruiter process a medical waiver.
ARMY | BCMR | CY2008 | 20080007924
The applicant requests, in effect, that he be reinstated into the Army, his pay grade of E-4 be restored and that his RE (Reentry) Code be changed from a "4" to a "1" for the purposes of reenlistment only. Article 58a of the Uniform Code of Military Justice specifies that unless otherwise provided in regulations to be prescribed by the Secretary concerned, a court-martial sentence of an enlisted member in pay grade above E-1, as approved by the convening authority, that includes a...
ARMY | BCMR | CY2008 | 20080007930
Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. If a unit commander elects not to recommend a Soldier for promotion on the automatic promotion date, then a DA Form 4187 denying the promotion will be submitted not later than the 20th day of the month preceding the month of automatic promotion. In order to justify correction of a military record, the applicant...
ARMY | BCMR | CY2008 | 20080007934
The applicant's military record is not available to the Board for review. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. Based on the foregoing, there is insufficient evidence to grant the applicant's request for award of the Purple Heart in this case.
ARMY | BCMR | CY2008 | 20080007936
The applicant requests correction of his records to show he was medically retired instead of honorably separated. The PEB recommended a combined disability rating of 20 percent and the applicant's separation with severance pay. Once a determination of physical unfitness is made, the PEB rates all disabilities using the Department of Veterans Affairs Schedule for Rating Disabilities.
ARMY | BCMR | CY2008 | 20080007938
The applicant, who is the former spouse of the deceased former service member (FSM), requests, that the FSM's records be corrected to show that the FSM elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP) and to elect former spouse coverage. The FSM had one year from the date of divorce to elect RCSBP for former spouse coverage. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that the...
ARMY | BCMR | CY2008 | 20080007939
A general discharge is a separation from the Army under honorable conditions of an individual whose military record was not sufficiently meritorious to warrant an honorable discharge. This program, known as the DOD SDRP, required, in the absence of compelling reasons to the contrary, that a discharge upgrade to either honorable or general be issued in the case of any individual who had either completed a normal tour of duty in Southeast Asia, been wounded in action, been awarded a military...
ARMY | BCMR | CY2008 | 20080007940
Application for correction of military records (with supporting documents provided, if any). At the time of the applicant's enlistment, he himself stated that his first name was Lenore and his nickname was Lamar, as he so indicated on his DD Form 398. However, since the applicant did not request his first name be changed to Lenore, it would not be appropriate to correct the applicant's DD Form 214 to reflect that name.