ARMY | BCMR | CY2009 | 20090016025
IN THE CASE OF: BOARD DATE: 2 February 2010 DOCKET NUMBER: AR20090016025 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The available records do not show the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitation. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2009 | 20090016026
The military retiree must show that the disability was incurred while engaged in combat, while performing duties simulating combat conditions, or while performing hazardous duties such as parachuting or scuba diving. In this regard, as stated above, a military retiree must establish a direct, causal relationship to the requested VA-rated disabilities to war or the simulation of war to qualify for CRSC. Unfortunately without evidence to establish a direct, causal relationship between the...
ARMY | BCMR | CY2009 | 20090016027
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his discharge characterized as under other than honorable conditions be upgraded to honorable. On 30 November 1977, the applicant consulted with counsel and requested a discharge for the good of the service in lieu of trial by court-martial under the provisions of chapter 10 of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel).
ARMY | BCMR | CY2009 | 20090016028
The applicant provides a Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim), dated 25 August 2009; two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge); and a character reference letter from C----- L. S------, dated 16 July 2009, in support of his application. On 19 February 1971, the applicant was discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10 (Discharge for...
ARMY | BCMR | CY2009 | 20090016030
Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions. Although his DVA rating decision indicates some service connection for major depressive disorder, there are no available medical records and the applicant did not provide any evidence that show he suffered from a major depressive disorder or that he addressed such issue with military medical personnel, or that he was diagnosed with such disorder by Army medical personnel. Contrary to...
ARMY | BCMR | CY2009 | 20090016035
Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), in effect at the time, provided that an honorable discharge was a separation with honor. Army Regulation 635-200 also provided that a general discharge was a separation from the Army under honorable conditions. The evidence further shows that after consulting with counsel, the applicant acknowledged the proposed separation action for unfitness.
ARMY | BCMR | CY2009 | 20090016036
On 7 November 1983, the separation authority approved the recommendation for discharge (misconduct - pattern of misconduct) and directed the issuance of a general discharge. The evidence of record supports the applicant's contention that he had 45 days of leave accrued at the time his unit said he was AWOL. The applicant's record of service included three nonjudicial punishments and 4 days of lost time.
ARMY | BCMR | CY2009 | 20090016037
Item 41 (Awards and Decorations) of the FSM's DA Form 20 for the period 15 May 1952 to his retirement date shows the following entries: a. he was awarded the EAME Campaign Medal, the American Campaign Medal, the World War II Victory Medal, the Army of Occupation Medal with Clasp (Japan), the Army of Occupation Medal with Clasp (Germany), the CIB, the Purple Heart, the Bronze Star Medal, the Republic of Korea Presidential Unit Citation, the Korean Service Medal, the United Nations Service...
ARMY | BCMR | CY2009 | 20090016039
The applicant requests correction of Item 3 (Grade) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) and WD AGO Form 100 (Separation Qualification Record) to show his grade as Sgt [sergeant]. Based on the evidence of record, the highest grade the applicant satisfactorily held during his period of service was that of Sgt. ___________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army...
ARMY | BCMR | CY2009 | 20090016040
On 28 December 1973, the applicant consulted with counsel and voluntarily requested a discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10 (Discharge for the Good of the Service). Chapter 10 of the version in effect at the time provided that a member who committed an offense or offenses for which the authorized punishment included a punitive discharge, could submit a request for discharge for the good of the service at any time...
ARMY | BCMR | CY2009 | 20090016045
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests upgrade of his undesirable discharge to a general, under honorable conditions discharge and treatment for his service-related disabilities. The applicant contends his undesirable discharge should be upgraded to a general, under honorable conditions discharge.
ARMY | BCMR | CY2009 | 20090016048
Application for correction of military records (with supporting documents provided, if any). The evidence of record does not show that the applicant held an infantry MOS or that he was assigned or attached to an infantry unit while he was in the RVN; Other than the orders he provided the National Personnel Records Center, there is no evidence of record to show he met the eligibility criteria for award of the CIB. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2009 | 20090016049
A memorandum, subject: Recommendation for Promotion of Warrant Officer, dated 17 February 2009, shows the applicant met the minimum military and civilian requirements for promotion and was recommended for promotion by the battalion administrative officer. The evidence indicates the applicant met all prerequisites for promotion to CW3 and was recommended for promotion for CW3 in a timely manner. As a result, the Board recommends all State Army National Guard and Department of the Army...
ARMY | BCMR | CY2009 | 20090016050
Headquarters, U.S. Army Air Defense Center and Fort Bliss Orders 4810, dated 10 March 1980, show the applicant was disqualified from MOS 16B training and assigned to the U.S. Army Training Center and Fort Jackson for training in MOS 76Y (Unit Supply Specialist). Evidence of record shows he enlisted in the DEP on 22 September 1979 and entered active duty on 20 November 1979. Records show the applicant was separated from active duty for failure to meet acceptable standards for continued...
ARMY | BCMR | CY2009 | 20090016051
The applicant's record is void of any evidence he ever submitted an application to the Army Discharge Review Board requesting that his bad conduct discharge be upgraded to a general discharge under honorable conditions within its 15-year statute of limitations. His conviction and discharge were effected in accordance with applicable law and regulations and the discharge appropriately characterizes the misconduct for which the applicant was convicted. The evidence shows the applicant made...
ARMY | BCMR | CY2009 | 20090016052
In an advisory opinion, the Retired and Annuity Pay Operations section of the Defense Finance and Accounting Service (DFAS) noted that at the time of the applicant's retirement, the comparative calculations were supposed to have been done, but apparently were not. DFAS has determined the applicant would have received greater retired pay under the Tower provisions. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing...
ARMY | BCMR | CY2009 | 20090016055
The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty); his last DA Form 67-9 (Officer Evaluation Report); a DA Form 1059 (Service School Academic Evaluation Report); promotion orders to first lieutenant; United States Army Infantry Center Orders (corrected copy) 174-6218; a 1st Battalion, 5th Field Artillery Memorandum for Record; a 24th Infantry Division, Fort Riley, KS recommendation for award of the Combat Action Badge and award letter;...
ARMY | BCMR | CY2009 | 20090016057
The applicant, the spouse of a deceased former service member (FSM), requests that the FSM's military records be corrected to enable her to collect the Survivor Benefit Plan (SBP) annuity retroactive to 2001 when the FSM died. At the time of the FSMs death his children were then 24 and 18 years of age. The evidence clearly indicates that the FSM elected to provide an immediate RCSBP annuity to his spouse and eligible children in the event of his death prior to reaching age 60 at which...
ARMY | BCMR | CY2009 | 20090016058
The applicant requests that his 5 December 1967 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his date of birth as 4 October 1946 vice 4 October 1967. Therefore, the applicants 5 December 1967 DD Form 214 should be corrected to show his date of birth as 4 October 1946 instead of 4 October 1967. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his date of...
ARMY | BCMR | CY2009 | 20090016061
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 under other than honorable conditions. In his second letter, the applicant requests this Board to send him a copy of all the benefits he may be eligible for. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2009 | 20090016065
The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam during the period 17 September 1968 to 14 October 1969. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Republic of Vietnam Campaign Medal, Vietnam Service Medal, Air Medal, Bronze Star Medal, and Army Commendation Medal with "V" Device. As a result, the Board recommends...
ARMY | BCMR | CY2009 | 20090016071
The applicant requests, in effect, that his record be corrected to show he was placed on the Temporary Disability Retired List (TDRL) on 29 October 2008 with an increased disability rating instead of being discharged by reason of disability with severance pay on the same date. The applicant's record contains a DA Form 199 (Physical Evaluation Board (PEB) Proceedings) that shows a PEB evaluated the applicant's case at Fort Sam Houston, Texas, on 11 July 2008. Based on the available...
ARMY | BCMR | CY2009 | 20090016072
Application for correction of military records (with supporting documents provided, if any). The Army Reserve Personnel Command Form 249-E in the applicant's record confirms he completed a total of 16 years and 10 months of qualifying service for retirement between 29 June 1972 and 27 January 1998. Absent any evidence of record confirming the service-connected medical conditions for which he received a disability rating from the VA or any other medical conditions rendered him unfit to...
ARMY | BCMR | CY2009 | 20090016074
BOARD DATE: 24 November 2009 DOCKET NUMBER: AR20090016074 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. U.S. Army Total Army Personnel Command, Alexandria, memorandum, dated 15 October 2002, Subject: Administrative Removal from the Promotion Selection List, informed the applicant that his name had been removed from the SFC promotion list based on his cancellation from ANCOC due to his failure to meet the standards of Army Regulation 600-9 [The Army Weight Control Program] and APFT. U.S....
ARMY | BCMR | CY2009 | 20090016075
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant's DD Form 214 shows he was issued a bad conduct discharge on 8 May 2009 in accordance with Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 3. Army Regulation 635-5-1 states that the SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty.
ARMY | BCMR | CY2009 | 20090016081
The board found that he was medically unfit for enlistment in accordance with Army Regulation 40-501 (Standards of Medical Fitness), paragraph 2-10a(3)(a) and recommended he be separated from the service for the EPTS condition. The applicant provided a copy of his DVA Rating Decision, dated 11 March 2009, that shows he was awarded a 20 percent service-connection disability for a left ankle fracture. Since the applicant's medical condition was not medically unfitting for retention at the...
ARMY | BCMR | CY2009 | 20090016083
On 12 July 1977, the Army Discharge Review Board (ADRB) upgraded the applicant's discharge to general under honorable conditions under the provisions of the 19 January 1977 extension of Presidential Proclamation (PP) 4313. Individuals could have their discharges upgraded if they met any one of the following criteria: wounded in action, received a military decoration other than a service medal, successfully completed an assignment in Southeast Asia, completed alternate service, received an...
ARMY | BCMR | CY2009 | 20090016085
The applicant states, in effect, he was informed the uncharacterized description of his service, the SPD code of LGA, and the RE code of 3 cannot be waived to allow him to reenter the military. This regulation 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. The regulation shows that the SPD code of LGA as shown on the applicant's DD Form 214 is appropriate for involuntary...
ARMY | BCMR | CY2009 | 20090016086
The applicant requests that his Reentry (RE) Code be changed on his 2005 DD Form 214 (Certificate of Release or Discharge from Active Duty). The applicant states that he believes his RE Code of 3 is wrong because he was separated with an honorable characterization of service at the completion of his required period of active service. Evidence available to the Board indicates the applicant was on his initial 3 year enlistment and was serving in pay grade E-3.
ARMY | BCMR | CY2009 | 20090016087
In support of his request, the applicant provides two email messages that show, in pertinent part, the Chief, Army Medical Department (AMEDD) Special Pay Branch, confirmed the applicant's pay account indicates that he is currently in Multi-year Special Pay (MSP) and Multi-year Incentive Special Pay (MISP) agreements, both for a period of 2 years at $13,000, effective 4 September 2007 through 3 September 2009. However, the evidence of record shows the applicant inadvertently failed to...
ARMY | BCMR | CY2009 | 20090016088
In a 26 August 2009 e-mail from the Chief, Army Medical Department, Special Pay Branch, the applicant was advised that his records showed he had a 2-year MSP and MSIP contract (through September 2009) but no current Medical Additional Special Pay (MASP) in effect. It was stated that, at the time the applicant executed his agreement, retired recalled officers were limited in the number of years they could extend. It is noted that if granted the applicant would be entitled to MSP at a...
ARMY | BCMR | CY2009 | 20090016091
He had completed 3 months of creditable active duty and had 111 days of lost time due to AWOL and confinement. The available evidence clearly shows that the applicant enlisted using the social security number 153-52-XXXX. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his social security number as 153-52-XXXX in item 3 of his DD Form 214.
ARMY | BCMR | CY2009 | 20090016098
Army Regulation 600-8-22 (Military Awards) states the KDSM 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. This is a qualifying period for award of the Korea Defense Service Medal and he is entitled to correction of his records to show this award. As a result, the Board recommends denial of so much of the application that pertains to the following: * Army Service Ribbon * Overseas...
ARMY | BCMR | CY2009 | 20090016101
The applicant requests upgrade of his discharge to honorable. When charges were preferred for the AWOL offense and another AWOL period from 4 June 1973 to 22 July 1973, the applicant apparently consulted with counsel and requested discharge for the good of the service in lieu of trial by court-martial. Army Regulation 15-185 (Army Board for Correction of Military Records), paragraph 2-9 (Burden of Proof), states, "The ABCMR begins its consideration of each case with the presumption of...
ARMY | BCMR | CY2009 | 20090016102
The advisory official stated a review of the applicant's file determined that he completed 19 qualifying years of service as of his RYE 1995. Notwithstanding the recommendation by the advisory official, evidence of record shows that during RYEs 22 June 1987, 22 June 1990, and 22 June 1991, the applicant earned 34, 48, and 47 creditable retirement points, respectively, slightly shy of earning the minimum 50 points necessary to be credited with a qualifying year. As a result, the Board...
ARMY | BCMR | CY2009 | 20090016103
The applicant requests an upgrade of his dishonorable discharge (DD) to a general discharge (GD). The applicant states: * 11 December 1994 he completed his 22-year sentence * his DD should be upgrade to a GD * prior to 18 May 1970 his active duty record was excellent * he was advanced four pay grades in 9 months 3. The applicant provides: * an undated letter written to the Veterans Administration * a statement addressed "To Whom It May Concern" dated 12 November 2005 * DD Form 214 (Armed...
ARMY | BCMR | CY2009 | 20090016104
The applicant's military record is not available to the Board for review. It further states that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that it required treatment by military medical personnel, and a record of the medical treatment must have been made a matter of official record. By regulation, in order to support award of the PH there must be evidence that the applicant was...
ARMY | BCMR | CY2009 | 20090016107
The discharge authority approved the applicant's request and directed the issuance of an under other than honorable conditions discharge. A punitive discharge is authorized for any AWOL offense of 30 days or more. There is no available evidence and the applicant did not provide any evidence that he was suffering any disabling effects from PTSD at the time of the discharge or at the time he went AWOL.
ARMY | BCMR | CY2009 | 20090016109
The applicant requests that he be paid $33,000.00 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 $33,000.00 (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 | 20090016110
The applicant requests, in effect, amendment of his unit's deployment orders and payment of retroactive entitlements associated with Involuntary Assignment Incentive Pay (AIP). The applicant's contentions that his records should be amended to show the involuntary extension of his unit's deployment in Iraq required him to serve beyond the 365 days BOG requirement in order to be eligible for receipt of Involuntary AIP and that he should be paid retroactive entitlements associated with...
ARMY | BCMR | CY2009 | 20090016118
She also indicates that search and rescue did not indicate weather as being a factor in the search effort started within 2 hours of the crash and that the investigating authority properly declared the cause of the crash as "unknown" and without evidence of hostile fire postulated pilot error as a likely cause since mechanical malfunctions and radio problems could be reasonably eliminated and evidence of hostile fire existed. The applicant provides a letter, dated 10 April 2003, from the...
ARMY | BCMR | CY2009 | 20090016120
The applicant requests, in effect, that Global War on Terrorism (GWOT) awards and the Iraq Campaign Medal (ICM) be added to the awards listed in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his 31 March 2004 DD Form 214 (Certificate of Release or Discharge from Active Duty). The evidence of record confirms the applicant served on active duty from 27 December 2002 through 31 March 2004, and that more than 30 consecutive days of this service...
ARMY | BCMR | CY2009 | 20090016123
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 March 2004 to show award of the Army Commendation Medal with "V" Device and first Oak Leaf Cluster (OLC), Iraq Campaign Medal, and Global War on Terrorism Service Medal. On 27 December 2002, the applicant was ordered to active duty with her TPU (the 724th Military Police (MP) Battalion) in support of Operation Enduring/Iraqi Freedom. Therefore, her records...
ARMY | BCMR | CY2009 | 20090016127
The Southwest Asia Service Medal is awarded to all members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over on or after 2 August 1990 to 30 November 1995. Although the evidence does confirm the applicant served in Southwest Asia in support of Operation Desert Shield and Desert Storm there were no provisions for listing the locations of an individual's overseas assignments on the DD Form 214 at the time of his separation. As a...
ARMY | BCMR | CY2009 | 20090016132
The evidence of record does not indicate the applicant completed any advanced courses to meet the military education requirement for promotion to MAJ. Table 2-2 of Army Regulation 135-155 (Army National Guard and U.S. Army Reserve Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) states CPTs must complete the officer advanced course to be eligible for promotion to MAJ. The available evidence does not support the applicants contention that he was kept...
ARMY | BCMR | CY2009 | 20090016134
The applicant requests that his records be corrected to reflect award of the Army Commendation Medal. However, there is no evidence the applicant was ever recommended for or awarded an Army Commendation Medal. While the applicant implies he was awarded an Army Commendation Medal which was withheld by his unit commander, unfortunately, there is no evidence, and the applicant has not provided any, which confirms he was ever recommended for or awarded an Army Commendation Medal.
ARMY | BCMR | CY2009 | 20090016135
Army Regulation 600-8-22 (Military Awards) states that the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility, on or after 11 September 2001 to a future date to be determined. Army Regulation 600-8-22 states that the GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on...
ARMY | BCMR | CY2009 | 20090016137
Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was attached to a medical holding unit at Fort MacArthur, California, in April 1971. c. Army Regulation 635-200 provides an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. d. Army Regulation 635-200 also provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2009 | 20090016139
On 8 February 1983, the applicants commander recommended separation from the service under the provisions of Army Regulation 635-200, chapter 14, for a pattern of misconduct involving both civil and military authorities. Accordingly, on 17 February 1983, the applicant was discharged under other than honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.
ARMY | BCMR | CY2009 | 20090016140
The applicant requests correction of his records to show Alaska as his home of record. He states, in effect, that when he reenlisted in 2007 he requested his home of record be changed to show Alaska. Army Regulation 635-5 states that the Soldiers home of record is the place recorded as the home of record of the Soldier when enlisted or ordered to a tour of active duty.