ARMY | BCMR | CY2009 | 20090012312
IN THE CASE OF: BOARD DATE: 18 August 2009 DOCKET NUMBER: AR20090012312 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. HRC-St. Louis stated: a. the applicant's records were corrected to show he remained on the Reserve Component Selection List; b. when he reached age 62 (on 18 July 2007) he was transferred to the Retired Reserve but continued to serve in a Retired Recall status; c. on 13 November 2007 a Standby Advisory Board (STAB) considered and selected him for promotion to chief warrant...
ARMY | BCMR | CY2009 | 20090012314
The applicant requests an upgrade of his under honorable conditions (general) discharge to fully honorable. A discharge under other than honorable conditions was normally appropriate for a Soldier discharged under this chapter. The evidence of record further shows the applicant's discharge was appropriate because the quality of his service was not consistent with Army standards of acceptable personal conduct and performance of duty by military personnel.
ARMY | BCMR | CY2009 | 20090012315
The applicant requests that his records, specifically the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), be corrected to reflect his duties as a door gunner and crew chief and that all of his awards be added to his DD Form 214. He remained at Fort Ord and submitted a request for discharge and conscientious objector status. However, he has not specified which awards he believes he is authorized that have not been added to his DD Form 214 by the two DD Form...
ARMY | BCMR | CY2009 | 20090012323
It sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating. By action of the ABCMR, the applicant was placed on the TDRL and temporarily retired under the provisions of Army Regulation 635-40, chapter 4-24b(2) and Title 10, U.S. Code Section 1552 for his disabilities of (1) traumatic arthritis, 20 percent disabling, (2) chronic...
ARMY | BCMR | CY2009 | 20090012325
He states that if the alcohol laws of the time had been enforced, his actions would have been very different. On 20 October 1982, the applicants unit commander notified him that he was initiating action which may result in his separation from the Army under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 14, paragraph 14-12b, for misconduct. However, the separation authority may direct a general discharge if such is merited by the Soldiers...
ARMY | BCMR | CY2009 | 20090012327
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 applicant's 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. There are no orders or any other evidence in the applicant's available records which show he was awarded or recommended for award of the Bronze...
ARMY | BCMR | CY2009 | 20090012329
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: a. his foreign service in support of Operation Iraqi Freedom; b. award of the Army Commendation Medal; and c. his completion of the UH-60 Helicopter Repairer Course. The applicant provides copies of his DD Form 214, a DA Form 638 (Recommendation for Award), and a DA Form 4980-14 (Army Commendation Medal Certificate) as documentary evidence in support of this application. It...
ARMY | BCMR | CY2009 | 20090012330
The applicant requests, in effect, that his undesirable discharge be upgraded to a general discharge. On 16 May 1983, the Army Discharge Review Board (ADRB) denied the applicants request for an upgrade of his discharge. The available evidence shows the applicant had satisfactory completed training and had served satisfactorily in Europe and the Republic of Vietnam.
ARMY | BCMR | CY2009 | 20090012331
The applicant was discharged in pay grade E-1 on 10 July 1972, under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Separations), paragraph 11-1a, as a result of a general court-martial, with a character of service of dishonorable. Army Regulation 635-200, paragraph 3-7b, further provided that a general discharge was a separation from the Army under honorable conditions. A dishonorable discharge is adjudged by a court-martial when it determines a Soldier should...
ARMY | BCMR | CY2009 | 20090012332
In an undated statement apparently given to him when his commander notified him he was recommending his separation, the applicant acknowledged that his platoon sergeant, first sergeant, and battery commander had counseled him repeatedly for his failure to demonstrate the standards of acceptable conduct for members of the U.S. Army. The evidence of record confirms that the applicant's discharge processing was accomplished in accordance with the Army policy in effect at the time. Therefore,...
ARMY | BCMR | CY2009 | 20090012333
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Accordingly, the commander was within his authority to impose NJP against the applicant once he had determined that the applicant had committed offenses that so warranted and there appears to be no basis to remove the record of NJP from his records. The applicant's contention that his security clearance and access to classified information should be restored by the Board because DOHA made such a recommendation has been noted.
ARMY | BCMR | CY2009 | 20090012334
The applicant requests that his dishonorable discharge be upgraded to an honorable discharge. General Court-Martial Order Number 12, United States Army Correctional Activity, Fort Riley, Kansas, dated 10 January 1985, provided that the sentence to a dishonorable discharge, confinement at hard labor for 1 year and 3 months, forfeiture of all pay and allowances, and reduction to pay grade E-1, adjudged on 1 May 1984, as promulgated in General Court-Martial Order Number 45, Headquarters, 1st...
ARMY | BCMR | CY2009 | 20090012336
The applicant requests change of his uncharacterized discharge to a medical or an honorable discharge. However, his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that on 24 July 2001 he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations Active Duty Enlisted Administrative Separations , chapter 11, by reason of entry level performance and conduct. As such, there is no basis for granting the applicant's request for a medical discharge.
ARMY | BCMR | CY2009 | 20090012339
However, when the applicant was considered by the 2009 DA Reserve Components Major AMEDD Selection Board, which convened on 7 January 2009, her baccalaureate degree had not yet been conferred. A baccalaureate degree is required for promotion to major and must be completed no later than the day before the selection board convening date. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing the applicant was granted...
ARMY | BCMR | CY2009 | 20090012341
Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080011530 on 15 January 2009. War Department Circular 186-1944 further provided that the Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental, or smaller size. The Combat Infantryman Badge is not an award for just being...
ARMY | BCMR | CY2009 | 20090012351
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Valorous Unit Award, the Meritorious Unit Commendation, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Records show the applicant participated in two campaigns during his assignment in Vietnam. As a result, the Board...
ARMY | BCMR | CY2009 | 20090012352
JFH OKARNG Orders 259-006, dated 15 September 2008, promoted the applicant to 1LT, effective and with a date of rank of 25 September 2005, and NGB Special Orders Number 258 AR, dated 8 October 2008, granted the applicant Federal Recognition in the rank of 1LT effective the same date. The applicant provides a statement from the Chief, Officer Branch, Joint Force Headquarters, who recommends the applicant's request that her DOR be adjusted to 25 September 2005 be granted based on her having...
ARMY | BCMR | CY2009 | 20090012353
IN THE CASE OF: BOARD DATE: 22 December 2009 DOCKET NUMBER: AR20090012353 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests removal of the entry "EM [Enlisted Member] BARRED FROM REENLISTMENT" from item 27 (Remarks) of his DD Form 214 (Report of Separation from Active Duty). On 4 February 1975, the applicant was released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.
ARMY | BCMR | CY2009 | 20090012358
The applicant's record contains a DA Form 4856, dated 14 December 1984, which shows he was counseled by his unit commander for his poor duty performance since arriving at the unit. The applicant's record contains a DA Form 4856, dated 18 January 1985, which shows he was counseled by his unit commander regarding his unsatisfactory duty performance since being permanently disqualified from the PRP. On 28 January 1985, the applicants unit commander recommended that he be separated from the...
ARMY | BCMR | CY2009 | 20090012363
On 27 February 1974, the applicant requested a discharge for the good of service in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 10. The DD Form 214 he was issued confirms he was discharged under the provisions of Army Regulation 635-200, chapter 10, for the good of the service with a discharge under other than honorable conditions. The applicant's request that his under other than honorable conditions discharge be upgraded...
ARMY | BCMR | CY2009 | 20090012365
The applicant requests award of the Purple Heart, the Bronze Star Medal with "V" Device, and the Good Conduct Medal, and correction of his DD Form 214 (Report of Separation from Armed Forces of the United States) to show these awards. Counsel requests the applicant be awarded the Purple Heart, the Bronze Star Medal with "V" Device, and the Good Conduct Medal, and correction of his DD Form 214 to show these awards. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2009 | 20090012368
Army Regulation 635-5 (Personnel Separations - 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. It states, in pertinent part, the source documents for entering information on the DD Form 214 will be the Enlisted/Officer Record Brief (ERB/ORB), separation approval authority documentation, separation orders, or any other document authorized for filing in the...
ARMY | BCMR | CY2009 | 20090012370
In the alternative, he requests that this Board upgrade his dishonorable discharge to an honorable discharge, as an act of clemency. The evidence of record shows that the applicant was convicted pursuant to his guilty pleas by a general court-martial adjudged on 13 November 2001. The applicant's available military records and documentation submitted with his application and his records contain no matters upon which the Board may grant clemency and an upgrade of his dishonorable discharge...
ARMY | BCMR | CY2009 | 20090012373
The applicant's record contains a DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 2 December 1968, which contains in item 5 (Last Name-First Name-Middle Name) the entry "B****e, C****** H**** V** D**." The evidence of record shows that the applicant's date of birth was recorded inconsistently on documents prepared at the time he enlisted and during his tenure in the Army. However, as a matter of record, a copy of this Record of Proceedings will be filed in the...
ARMY | BCMR | CY2009 | 20090012374
The applicant requests, in effect, a consolidated DD Form 214 (Certificate of Release or Discharge from Active Duty) for two periods of active service from 15 March 2003 to 14 March 2004 and from 14 March 2004 to 27 October 2004. On 27 October 2004, at the time of her separation and placement on the TDRL she had not completed 20 years of total active service. The applicants last DD Form 214 shows she completed over 23 years of total service; however, the orders placing her on the TDRL are...
ARMY | BCMR | CY2009 | 20090012376
The applicant requests the records of his father, a former service member (FSM), be corrected to show he was promoted to lieutenant colonel and that he retired in the grade of lieutenant colonel. The unit stated there was no record of the FSM having been promoted to major. There is no evidence in the FSM's military personnel records of his having been promoted to major prior to 7 September 1962.
ARMY | BCMR | CY2009 | 20090012378
The applicant provides a self-authored statement, dated 17 July 2009; a DA Form 638 (Recommendation for Award) for the BSM, dated 4 April 2005, and citation; a commander's statement, dated 8 April 2005; two DA Forms 2823 (Sworn Statements); an ARCOM with Valor certificate, dated 15 August 2005; and his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his application. There is no evidence of record that indicates the applicant or anyone in his chain of command...
ARMY | BCMR | CY2009 | 20090012379
The FSM's military records are not available to the ABCMR for review. Records show that the FSM was KIA on 16 December 1944. Based on the award of the CIB, the FSM is also entitled to the award of the BSM.
ARMY | BCMR | CY2009 | 20090012380
Therefore, there is sufficient evidence to show he is entitled to award of the Combat Infantryman Badge and correction of his WD AGO Form 53-55 to show this award. Therefore, based on his entitlement to award of the Combat Infantryman Badge, he is entitled to award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 33...
ARMY | BCMR | CY2009 | 20090012382
IN THE CASE OF: BOARD DATE: 4 February 2010 DOCKET NUMBER: AR20090012382 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicants DA Form 20 (Enlisted Qualification Record) prepared on the applicant upon his entry on active duty, and all orders and other documents on file in his Official Military Personnel File (OMPF) that were prepared on him throughout his military service, all list the number 7 in the fifth character of his SSN. Therefore, the SSN listed in the applicants...
ARMY | BCMR | CY2009 | 20090012385
On 2 October 2007 the separation authority approved the applicants discharge under the provisions of Army Regulation 635-200, chapter 14-12b for pattern of misconduct and directed that the applicant receive a General Under Honorable Conditions Discharge Certificate. The DD Form 214 also shows that his character of service was general, under honorable conditions; the separation authority was Army Regulation 635-200, paragraph 14-12b; his RE code was RE-3; and the narrative reason for his...
ARMY | BCMR | CY2009 | 20090012386
The applicant's informal PEB found him unfit for his low back pain and rated him at 10 percent based on Army Regulation 635-40 which required more than pain to authorize a higher rating. d. The applicant has provided no evidence of any errors in the MEBD or the PEB findings. The Army must find that a service member is physically unfit to reasonably perform his or her duties and assign an appropriate disability rating before he or she can be medically retired or separated.
ARMY | BCMR | CY2009 | 20090012387
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Korea Defense Service Medal (KDSM). The evidence shows the applicant served on active duty in the Republic of Korea during a designated period of time to qualify for award of the KDSM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award) for...
ARMY | BCMR | CY2009 | 20090012389
He indicates that if his records are corrected to show he elected spouse coverage he should not owe back pay for 10 years, only 2 years. The applicant provided a DD Form 2656-6, dated 18 July 2006, which shows he elected to change his SBP election from child only to spouse only. The applicant married on 30 May 1998 and he had one year from his date of marriage to enroll in the SBP for spouse coverage.
ARMY | BCMR | CY2009 | 20090012390
IN THE CASE OF: BOARD DATE: 21 January 2010 DOCKET NUMBER: AR20090012390 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that a DD Form 616 (Report of Return of Absentee), dated 28 January 1997, and a DD Form 553 (Deserter/Absentee Wanted by the Armed Forces), dated 13 April 1996, be removed from the performance section of his Official Military Personnel File (OMPF) and transferred to the restricted section of his OMPF. Paragraph 2-4 of this regulation...
ARMY | BCMR | CY2009 | 20090012391
The applicant requests, in effect, that he be advanced to sergeant first class (SFC)/pay grade E-7 on the U.S. Army Retired List. Based on the evidence of record, the applicant was conditionally promoted to the rank of SFC/pay grade E-7 with the understanding that he was required to complete ANCOC to maintain his promotion. Therefore, there is insufficient evidence to grant him the requested relief to correct his record to show he was retired in the higher rank of SFC.
ARMY | BCMR | CY2009 | 20090012393
There is no evidence of record which shows the applicant was diagnosed with depression or any mental condition prior to his discharge. However, there is no evidence of record and the applicant did not provide any evidence which shows he was diagnosed with any mental condition prior to discharge. Evidence of record shows the applicant completed 4 months and 28 days of creditable active service prior to his enlistment in the Regular Army on 23 February 1977.
ARMY | BCMR | CY2009 | 20090012394
Paragraph 5 (Terms of Disenrollment) of the applicant's DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) states that if the cadet were disenrolled from the ROTC program for any reason, the Secretary of the Army could order the cadet to reimburse the United States the dollar amount plus interest that bears the same ratio to the total cost of the scholarship financial assistance provided by the United States to the cadet as the unserved portion of active duty bears to the total...
ARMY | BCMR | CY2009 | 20090012395
The applicant requests, in effect, that item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to reflect a more favorable reason for discharge. The applicant's record shows he initially enlisted in the Regular Army on 5 February 1973 and served on active duty for 3 years until being honorably discharged on 4 February 1976. On 26 August 1983, the applicant was counseled as a result of his unsatisfactory progress in...
ARMY | BCMR | CY2009 | 20090012396
Application for correction of military records (with supporting documents provided, if any). The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty (emphasis added) to include attendance at basic combat and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. The evidence of record shows that at the time of her release from active duty on 24 October 1990, the applicant held the...
ARMY | BCMR | CY2009 | 20090012400
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his bad conduct discharge (BCD) be upgraded to an honorable discharge. The evidence of record shows the applicant was convicted by a GCM and he received a BCD.
ARMY | BCMR | CY2009 | 20090012401
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Korea Defense Service Medal instead of the Korean Service Medal. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2009 | 20090012404
The applicant requests, in effect, that his records be corrected to show he completed his enlistment. On 30 June 1972, a medical evaluation board (MEBD) convened and after consideration of clinical records, laboratory findings, health records, and medical examinations, the MEBD found the applicant was medically fit for further military service in accordance with current medical fitness standards for retention. While the applicant had the option of requesting to complete his period of...
ARMY | BCMR | CY2009 | 20090012407
The applicant's military records are not available to the Board for review. There is no evidence in his available service personnel records that shows he was promoted to staff sergeant prior to his separation. _________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 | CY2009 | 20090012410
The applicant requests that he be paid $40,000.00 in Army College Fund (ACF) benefits as outlined in his enlistment contract. The applicants military records may be corrected to show his DA Form 3286-66 was amended to include the sentence, If ACF benefits in the amount of $40,000.00 (exclusive of MGIB benefits) were authorized by the official processing you for enlistment and the Government fails to pay the full amount under the appropriate provisions and such failure results in...
ARMY | BCMR | CY2009 | 20090012418
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect that he served in the Corps of Engineers (EN) branch. He completed his basic training at Fort Knox, Kentucky, and was transferred to the 4th Engineer AIT Brigade at Fort Leonard Wood, Missouri, to undergo his AIT as a carpenter in military occupational specialty (MOS) 51B1O. The applicant served his entire enlistment in an EN branch MOS and there is no...
ARMY | BCMR | CY2009 | 20090012429
The applicant states that Army Regulation (AR) 635-40 (Physical Evaluation for Retention, Retirement, or Separation) requires the appointment of an officer to counsel Soldiers undergoing physical disability processing and that in his case, the Army did not do so. Counsel requests reconsideration of the applicant's earlier request for correction of his UOTHC discharge to a general or an honorable discharge with a medical narrative reason for separation. Without a PEB, the applicant could...
ARMY | BCMR | CY2009 | 20090012430
This official stated that electronic messages are submitted worldwide announcing the convening dates of selection boards and that the applicant had been considered and not selected as an ARNG officer by the 1994 and 1995 CPT Army Promotion List DA Reserve Components Selection Boards. The advisory official further stated that in accordance with Army Regulation 135-155, special selection boards (SSBs) may be convened to prevent injustice to an officer or former officer if it is determined...
ARMY | BCMR | CY2009 | 20090012431
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his correct social security number (SSN) be shown on all of his military records, awards and citations. Since the ARCOM orders and certificate have a different SSN than the applicant's SSN and those orders are not contained in his records, there is insufficient evidence in which to change the SSN in these documents.
ARMY | BCMR | CY2009 | 20090012433
Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. Therefore, the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 8 July 1966 to 7 July 1969, ending with termination of his first period of qualifying Federal military service. As a result, the Board recommends that all...