ARMY | BCMR | CY2009 | 20090001545
Accordingly, the applicant was discharged on 28 May 2003. The separation code assigned to the applicant at the time of his discharge is correct. In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.
ARMY | BCMR | CY2009 | 20090001547
Counsel requests, in effect, that documents related to the applicants discharge be expunged from the record and that she be reinstated in the USAR. The applicant requested an extension of service to cover time actually served. The documents submitted with this application consist of: a. a Human Resources Command (HRC) memorandum, dated 7 May 2007, which approved the applicant for retention until 31 December 2006 to cover time served and announced discharge, effective 30 April 2007; b. a...
ARMY | BCMR | CY2009 | 20090001548
The applicant, the former spouse of a deceased former service member (FSM), requests that she be provided an annuity under the FSMs Survivor Benefit Plan (SBP). 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. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2009 | 20090001552
The applicant states, in effect, that he served his country for 3 years and he would like to have an honorable discharge on his record. On the same date, documentation shows that the applicant was pending chapter 10 action under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel). However, the applicant's records contain a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) which shows that on 29 December 1980 he was discharged...
ARMY | BCMR | CY2009 | 20090001556
The applicant requests his 25 August 1992 discharge be changed to a physical disability retirement. The applicant filed for divorce from his Korean-born wife and filed a request for a compassionate reassignment from Korea to either Fort Sill, OK, or Fort Hood, TX. The Army rates only conditions determined to be physically unfitting at the time of discharge which disqualify the Soldier from further military service.
ARMY | BCMR | CY2009 | 20090001559
[She encloses her high school transcript to substantiate this claim.] The high school transcript submitted by the applicant shows that she made straight D's in math classes and that she graduated 15th in a class of 18. Although the discharge documentation is not of record, the evidence of record shows that the applicant was discharged under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial.
ARMY | BCMR | CY2009 | 20090001562
This memorandum shows the Brigade Commander requested that USAHRC extend the applicant's mobilization orders for a period of 10 days to allow him the opportunity to take his leave earned while on active duty during his CONUS and OCONUS mobilization. These articles, in effect, focus on the fact that although the 1st BCT of the 34th Infantry Division had been involuntarily mobilized and served 22 consecutive months in Iraq (the longest of any U.S. unit in Iraq), nearly half of the Soldiers in...
ARMY | BCMR | CY2009 | 20090001564
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his home of record (HOR) as "2__ F____ Avenue, Enterprise, AL 36330" instead of "Eustis, FL." Item 3 (Home of Record) of his DD Form 4 (Enlistment/Reenlistment Document) shows his HOR as "2___ L____ Lane, Eustis, FL 32726" and item 3 (Place of Enlistment) shows the entry "Tampa, FL." However, the evidence of record shows that the applicant enlisted in the Regular Army at the...
ARMY | BCMR | CY2009 | 20090001565
The applicant requests, in effect, that the records of her husband, a deceased former service member (FSM), be corrected to show his medical conditions were determined to have been incurred as a direct result of armed conflict, specially hazardous military duty, training exercises that simulate war, or caused by an instrumentality of war and that his disability be considered eligible for award of Combat-Related Special Compensation (CRSC). Notwithstanding the applicant's contention, there...
ARMY | BCMR | CY2009 | 20090001570
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, that his under other than honorable conditions discharge be upgraded to an honorable discharge. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2009 | 20090001572
On 31 March 1999, after carefully considering the applicants application, her military records, and all other available evidence, the Army Discharge Review Board (ADRB) determined the applicants characterization of service and the reason for discharge were proper and equitable, and voted not to change either the characterization of service or the reason for discharge. Chapter 10 provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized...
ARMY | BCMR | CY2009 | 20090001573
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant's service medical records, the MEB proceeding, and the Physical Evaluation Board (PEB) proceedings are not contained in the applicant's official records and therefore, are not available for the Board's review. Board Record of Proceedings (cont) AR20090001573 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 Board Record of Proceedings (cont) AR20090001573 2 ARMY Board FOR CORRECTION OF MILITARY...
ARMY | BCMR | CY2009 | 20090001574
The applicant requests, in effect, that his records be corrected to show his injuries were determined to have been incurred as the direct result of armed conflict, specially hazardous military duty, training exercises that simulate war, or caused by an instrumentality of war. Incurring disabilities while in a theater of operations or in training exercises is not, in and of itself, sufficient to grant a military retiree CRSC. Without evidence to establish a direct, causal relationship...
ARMY | BCMR | CY2009 | 20090001575
The applicant's military records show he enlisted in the United States Army Reserve, in pay grade E-1, on 15 November 2007. Army Regulation 635-200 (Enlisted Separations), sets forth the basic authority for the separation of enlisted personnel. The regulation shows that the SPD of KFS as shown on the applicants DD Form 214 is appropriate for voluntary discharge when the narrative reason for discharge is In Lieu of Trial by Court-Martial and the authority for discharge is Army...
ARMY | BCMR | CY2009 | 20090001576
Counsel states that the applicants punishment in this case was unjust given his well-documented medical condition. The Director further recommended the applicants separation be reconsidered and that he be transferred to the WTU for further care; h. on 25 August 2008, the applicant submitted a request to be retained in the Army and have his three Article 15 punishments set aside (a copy of this request is not available for review with this case); i. on 27 August 2008, the separation...
ARMY | BCMR | CY2009 | 20090001579
This item also shows the applicant was separated on 1 July 1991 with an uncharacterized discharge. Army Regulation 635-200, in effect at the time, provided the basic authority for the separation of enlisted personnel. Thus, the evidence of record confirms the applicant was in an entry level status and her character of service is correctly recorded as uncharacterized on her DD Form 214.
ARMY | BCMR | CY2009 | 20090001580
The applicant requests that his retirement rank be changed to sergeant major instead of master sergeant. The applicant provided orders, dated 25 April 2005, which show he was promoted to sergeant major effective 1 May 2005. Orders, dated 21 September 2005, show the applicant was reduced from sergeant major to master sergeant.
ARMY | BCMR | CY2009 | 20090001582
The applicant's Retiree Account Statement, dated 9 July 2008, shows an SBP deduction of $268.84 for spouse only coverage, indicating that he was covered under the SBP for spouse coverage. The evidence of record shows that the applicant submitted a DD Form 2656 wherein he elected, in the presence of an RSO counselor, not to participate in the SBP. The SBP spouse concurrence statement shows she concurred with his decision after the date he made that decision but not before he retired.
ARMY | BCMR | CY2009 | 20090001585
However, evidence provided by the applicant shows that he was an infantryman and served in a infantry unit. The WD Form 372A is accepted as sufficient evidence to show the applicant's eligibility for award of the Combat Infantryman Badge in lieu of the Expert Infantryman Badge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 31 of the applicant's WD AGO Form 53-55 the Expert Infantryman Badge; b....
ARMY | BCMR | CY2009 | 20090001587
The applicant requests that his records and DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his primary area of concentration (AOC) and branch as 31A (Military Police). The memorandum awarding the applicant 31A as his AOC is not sufficient justification to change his records and branch to Military Police. The applicant stated that he submitted his request to change his primary AOC and branch on four separate occasions without success.
ARMY | BCMR | CY2009 | 20090001590
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, an upgrade of his under other than honorable conditions (UOTHC) discharge. It also shows that he was separated under the provisions of chapter 10, Army Regulation 635-200, by reason of administrative discharge conduct triable by court-martial, and that he received an UOTHC discharge.
ARMY | BCMR | CY2009 | 20090001592
The applicant requests correction of his under other than honorable conditions discharge to a medical discharge. The DD Form 214 he was issued at the time shows he was discharged for the good of the service in lieu of a court-martial with a character of service of under other than honorable conditions. With respect to medical disability, there is no evidence in the available records and the applicant failed to submit any evidence that shows he suffered from PTSD or any other medical...
ARMY | BCMR | CY2009 | 20090001594
He further acknowledged he understood that if his discharge request was approved, he may be discharged under conditions other than honorable and furnished an Under Other Than Honorable Discharge Certificate. On 25 March 1991, the separation authority approved the applicant's request for discharge and directed he be discharged under other than honorable conditions. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
ARMY | BCMR | CY2009 | 20090001595
The applicant requests, in effect, that his undesirable discharge be upgraded to a general, under honorable conditions discharge. At the time of the applicant's separation the regulation provided for the issuance of an undesirable discharge. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.
ARMY | BCMR | CY2009 | 20090001596
NGB Federal Recognition Orders Number 328 AR, dated 18 December 2008, awarded the applicant permanent Federal Recognition for initial appointment to the grade of first lieutenant, effective 2 October 2008. The advisory opinion, dated 9 March 2009, recommends that the applicant's initial date of Federal Recognition to second lieutenant be changed to 14 September 2006, the date he was first administered his Oath of Office. As a result, the Board recommends that all State Army National Guard...
ARMY | BCMR | CY2009 | 20090001597
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Legion of Merit. The applicant provides a copy of a DA Form 638 (Recommendation for Award) and a certificate, dated 21 August 2008, and a copy of his DD Form 214, dated 31 August 2008, in support of his request. ___________XXX______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...
ARMY | BCMR | CY2009 | 20090001598
The applicant's military service records are not available to the Board for review. Therefore, in the absence of orders awarding the applicant MOS 11B as his PMOS or some other substantiating evidence, there is insufficient evidence to support correction of the applicants separation orders and final DD Form 214, particularly in view of the evidence below. While the evidence of record indicates that the applicant was assigned to an infantry unit and he may have performed the duties of an...
ARMY | BCMR | CY2009 | 20090001599
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that his dishonorable discharge be upgraded to an honorable discharge. On 29 March 1996, the Staff Judge Advocate, in a written review for the convening authority, summarized the charges, specifications, pleas, findings, and sentence.
ARMY | BCMR | CY2009 | 20090001607
The applicant requests, in effect, that his discharge characterized as under other than honorable conditions (UOTHC) be upgraded. When asked why he went AWOL and what actions he had taken before going AWOL to solve the problem, the applicant stated, in effect, that he was AWOL from Fort Knox, Kentucky; that he was afraid to continue with the Army; and that he was homesick. On 13 July 1981, the separation authority approved the applicant's voluntary request for discharge and directed that...
ARMY | BCMR | CY2009 | 20090001609
He states he was medically discharged secondary to a left shoulder injury through a Medical Evaluation Board (MEB). The applicant provides the following documents in support of his application: a DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States); a Major Personnel Action Inquiry; a memorandum, subject: Physical Disability Separation, dated 20 March 2001; his discharge orders from the U.S. Army Reserve, dated 20 March 2001; his DD Form 261...
ARMY | BCMR | CY2009 | 20090001612
The applicant requested correction of the FSM's records to show award of the Silver Star. The FSM's military records are not available to the Board. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 13 of the FSM's re-issued DD Form 214 the Vietnam Service Medal; and b. adding to item 13 of the FSM's re-issued DD Form 214 the Purple Heart, Vietnam Service Medal with one bronze service star, Republic...
ARMY | BCMR | CY2009 | 20090001613
IN THE CASE OF: BOARD DATE: 30 APRIL 2009 DOCKET NUMBER: AR20090001613 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Good Conduct Medal (1st Award), the Army Achievement Medal (1st Oak Leaf Cluster), the Driver Badge, and the Humanitarian Service Medal and completion of the Drivers Academy Course. As a result, the Board recommends that all...
ARMY | BCMR | CY2009 | 20090001615
IN THE CASE OF: BOARD DATE: 7 May 2009 DOCKET NUMBER: AR20090001615 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. His records also contain a DA Form 2627, dated 21 April 1978, that shows the suspension of the punishment of reduction to E-3 imposed against the applicant was vacated by the company commander and the unexecuted portion of the punishment was ordered to be duly executed. The DD Form 214 shows the authority for the applicants separation was Army Regulation 635-200 (Personnel...
ARMY | BCMR | CY2009 | 20090001617
The unit commander notified the applicant that action was being initiated to separate him under the provisions of Chapter 9, Army Regulation 635-200 with a GD, based on him being declared an ADAPCP rehabilitation failure. The separation authority approved the applicant's separation action under provisions of Chapter 9, Army Regulation 635-200, by reason of alcohol rehabilitative failure and directed the applicant receive a GD. The DD Form 214 issued to the applicant at that time shows he...
ARMY | BCMR | CY2009 | 20090001618
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant's military personnel records show he enlisted in the Regular Army on 17 September 1969 for a 3-year period. There is no evidence of record and the applicant did not submit any evidence to show he was threatened while in training.
ARMY | BCMR | CY2009 | 20090001619
The applicant requests that his under other than honorable conditions discharge be upgraded to general, under honorable conditions. On 16 October 1992, the applicant went AWOL. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2009 | 20090001620
The applicant requests reconsideration of his previously denied request that he be paid a United States Army Reserve (USAR) Prior Service Enlistment Bonus (PSEB) in the amount of $15,000 per his enlistment contract. The applicant provides a new argument that his request should be approved based upon the fact that the Chief, Incentives Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1, recommended that his contract be honored for moral commitment, in accordance...
ARMY | BCMR | CY2009 | 20090001621
Paragraph 2-4 (Completing the DD Form 214) of the regulation contains item-by-item instructions for completing the DD Form 214. On 8 August 2006, the applicant placed his signature on his Preseparation Counseling Checklist acknowledging that his grade at that time was E4. c. The applicants separation orders issued on 3 August 2006, along with the amending orders issued on 11 August 2006, consistently show the applicants grade as SPC. Moreover, the Additional Instructions of the...
ARMY | BCMR | CY2009 | 20090001622
The applicant requests, in effect, reconsideration of his earlier request for upgrade of his under other than honorable conditions discharge to a general, under honorable conditions or an honorable discharge. The applicant provides, in support of his application, three letters of support and four Army Board for Correction of Military Records (ABCMR) proceedings, wherein various applicants had requested and received relief. The three letters of support and four ABCMR case proceedings were...
ARMY | BCMR | CY2009 | 20090001623
The applicant requests, in effect, that his undesirable discharge be upgraded to an honorable discharge. On 27 June 1974, 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 UCMJ which authorized the imposition of...
ARMY | BCMR | CY2009 | 20090001629
The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to add the National Defense Service Medal (NDSM) and a "state award." The applicant also states his DD Form 214 should be corrected to show "state awards." Army Regulation 635-5 states to enter on the DD Form 214 the awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22, as verified by the Soldiers records.
ARMY | BCMR | CY2009 | 20090001630
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. In return, he states he received a letter from his unit stating he had been discharged under other than honorable conditions. Letters on file in his service records show the unit commander advised the applicant that as an unsatisfactory participant, he could be transferred to the Individual Ready Reserve for the balance of his statutory obligation at which time he could be discharged under conditions other than honorable.
ARMY | BCMR | CY2009 | 20090001631
There are no orders for the Bronze Star Medal or the Air Medal in the applicants service personnel records. There is no evidence of record which shows the applicant was awarded the Bronze Star Medal or the Air Medal. Therefore, there is insufficient evidence on which to base award of the Bronze Star Medal or the Air Medal in this case.
ARMY | BCMR | CY2009 | 20090001633
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Infantryman Badge (CIB). The applicant did not provide any documentation and his records do not contain any evidence to support or clearly show that he was personally present and participated in active ground combat during Desert Storm. ___________x______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings...
ARMY | BCMR | CY2009 | 20090001635
The applicant's records further show she was ordered to initial active duty for training (IADT) on 14 May 1982. The evidence of record shows that the applicant enlisted in the USAR on 24 March 1982. Therefore, the termination date of her military service (6 years from the date she enlisted in the USAR) is correctly shown on her DD Form 214.
ARMY | BCMR | CY2009 | 20090001641
IN THE CASE OF: BOARD DATE: 11 JUNE 2009 DOCKET NUMBER: AR20090001641 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) with the period ending 30 November 1975 to show award of the Meritorious Service Medal (MSM) 1st Oak Leaf Cluster and the Army Commendation Medal (ARCOM). Office of the Chief, Army Reserve Permanent Orders Number 221-05, dated 23 June 1995 shows that the applicant was awarded the...
ARMY | BCMR | CY2009 | 20090001643
The applicant provides his DD Form 214 in support of his application. The instructions for Item 18 state, in pertinent part, that for a Reserve Soldier ordered to active duty and deployed to a foreign country, the following three statements will be entered in succession: (1) "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section). Therefore, it would be appropriate to add the entries "SERVICE IN KUWAIT FROM 20060904-20060922" and "SERVICE IN IRAQ FROM...
ARMY | BCMR | CY2009 | 20090001646
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Infantryman Badge. However, there are no orders for the Combat Infantryman Badge and there is no evidence of record which shows the applicant served in active ground combat while an assigned member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size in Southwest Asia. Therefore, there is insufficient evidence on which to...
ARMY | BCMR | CY2009 | 20090001648
If the Army kept him, he would go AWOL again and again. On 11 August 1986, the Army Discharge Review Board denied the applicant's petition to upgrade the characterization and/or the reason for his discharge. The military service issued the actual Clemency Discharge.
ARMY | BCMR | CY2009 | 20090001649
In his request for discharge, the applicant indicated that he understood that by requesting discharge, he was admitting guilt to the charges against him, or of a lesser included offense, that also authorized the imposition of a bad conduct discharge or a discharge under other honorable conditions. The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows he was discharged for the good of the service in lieu of a court-martial with a character of service of...