ARMY | BCMR | CY2009 | 20090018237
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, removal of lost time in item 29 (Dates of Time Lost During this Period) on her 1992 DD Form 214 (Certificate of Release or Discharge from Active Duty). When the applicant's 1992 DD Form 214 was issued, her 4 day period of AWOL (890917-890920) was recorded in item 29.
ARMY | BCMR | CY2009 | 20090018240
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant provides, in support of her request, copies of an undated, unexecuted divorce decree purported to be the final agreement between the FSM and Colleen F. Y____, his former spouse; the FSM's 1978 retirement orders; his 2009 death certificate; and the FSM's and applicant's 19 August 1991 marriage certificate. There is no available evidence that the FSM ever attempted to change the SBP beneficiary or that the former spouse...
ARMY | BCMR | CY2009 | 20090018242
IN THE CASE OF: BOARD DATE: 11 May 2010 DOCKET NUMBER: AR20090018242 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The SPD code on the applicant's DD Form 214 shows he was discharged for a condition that existed prior to service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry "SEPARATION PAY - - $7,035.60" from item 18 of his DD Form 214.
ARMY | BCMR | CY2009 | 20090018243
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests upgrade of his discharge. On 1 March 1982, the Army Discharge Review Board denied the applicant's petition for an upgrade of his discharge.
ARMY | BCMR | CY2009 | 20090018244
On 21 August 1981, before a military judge at a general court-martial, the applicant pled not guilty to all charges and specifications. _______ _ _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. ABCMR Record of Proceedings (cont) AR20090018244 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont)...
ARMY | BCMR | CY2009 | 20090018246
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 3 March 1968 be corrected to show award of the Purple Heart. ____________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 | 20090018251
The applicant requests, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show the Silver Star, Air Medal, Army Commendation Medal, and Purple Heart. The applicant's DD Form 214 shows the "VSM W/BSS" [Vietnam Service Medal with bronze service star] and the Republic of Vietnam Campaign Medal with Device (1960) as authorized awards. As a result, the Board recommends denial of so much of the application that pertains to award of the Silver Star and Purple...
ARMY | BCMR | CY2009 | 20090018252
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. There is no evidence the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. The applicant's entire military record was taken into consideration and given the...
ARMY | BCMR | CY2009 | 20090018261
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 | 20090018268
IN THE CASE OF: BOARD DATE: 11 May 2010 DOCKET NUMBER: AR20090018268 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. In the applicant's case, if he had been granted a waiver he would have been compared to officers with 15 years of experience working in the MSC when he was considered for promotion to lieutenant colonel. In summary, the applicant was properly awarded credit for his prior active commissioned service, there is no evidence or indication that he would have been granted a waiver...
ARMY | BCMR | CY2009 | 20090018270
The applicant requests reconsideration of his request for award of the Purple Heart. The applicant provides seven photographs. 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 AR20080018437, on 5 March 2009.
ARMY | BCMR | CY2009 | 20090018271
The applicant requests upgrade of his under other than honorable conditions discharge to an honorable discharge. On 4 February 1985, the applicant consulted with his 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). There is no indication the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year...
ARMY | BCMR | CY2009 | 20090018273
The applicant requests upgrade of his undesirable discharge, characterized as under conditions other than honorable. Accordingly, he was discharged in pay grade E-1 on 27 July 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 his service characterized as under conditions other than honorable. Contrary to the applicant's contentions, he has provided no evidence or a convincing argument to show his discharge...
ARMY | BCMR | CY2009 | 20090018276
Application for correction of military records (with supporting documents provided, if any). Army Regulation 635-5 (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. Eligibility for VEAP requires initial entry on active duty after 31 December 1976, and before 1 July 1985; contribution to VEAP before 1 April 1987; completion of 24 continuous months of active...
ARMY | BCMR | CY2009 | 20090018277
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: The applicant, as the former spouse of a former service member (FSM), defers to counsel. 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. The Property Settlement Agreement indicated the FSM would continue to have survivors benefits...
ARMY | BCMR | CY2009 | 20090018280
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. However, there is no evidence and the applicant has not provided any to show that he was denied emergency leave for the death and/or illness of his aunt. The record further shows the applicants discharge accurately reflects his overall record of service.
ARMY | BCMR | CY2009 | 20090018282
The applicant requests that his undesirable discharge be upgraded to a general discharge under honorable conditions. The applicant's military personnel records show he enlisted in the Regular Army on 22 March 1971 for a period of 3 years at the age of 21. At the time of the applicant's separation the regulation provided for the issuance of an undesirable discharge.
ARMY | BCMR | CY2009 | 20090018284
On 2 June 1987, the separation authority approved the applicants discharge under the provisions of chapter 14 of Army Regulation 635-200, by reason of misconduct-conviction by civil court and directed the applicant's service be characterized as under other than honorable conditions. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. The evidence of record shows the applicant was convicted by civil court for...
ARMY | BCMR | CY2009 | 20090018287
On 20 May 1977, the commanding general approved the request for discharge and directed that the applicant be issued a discharge under other than honorable conditions. On 26 May 1977, the applicant was discharged. _______ _ _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 | 20090018290
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests his under other than honorable conditions discharge be upgraded to a fully honorable discharge. In his request for discharge, he acknowledged he understood that by requesting discharge he understood that if the discharge request was approved, he may be discharged under other than honorable conditions and be furnished an Undesirable Discharge Certificate.
ARMY | BCMR | CY2009 | 20090018292
IN THE CASE OF: BOARD DATE: 27 April 2010 DOCKET NUMBER: AR20090018292 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant provides the following documents in support of his application: * Orders D-01-405199 dated 19 January 1994 * NGB Form 22 (National Guard Bureau Report of Separation and Record of Service) for the period ending 5 April 1990 * Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter) * Orders 58-178 dated 26 March 1990 * DD Form 214 (Armed Forces of...
ARMY | BCMR | CY2009 | 20090018293
The applicant also states that many veterans who are unable to deal with military service are now receiving general discharges. The DD Form 214 shows the applicant was discharged under the provisions of Chapter 10, Army Regulation 635-200 (Personnel Separations) on 23 January 1973. Based on his record of indiscipline, which includes 316 days of time lost due to being AWOL and in confinement, three counts of nonjudicial punishment, and a summary court-martial, the applicant's service...
ARMY | BCMR | CY2009 | 20090018295
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 6 July 2009 by changing the entry in block 2 (Department, Component, and Branch) from Army/Army National Guard of the United States (ARNGUS) to Army/U.S. The evidence shows block 2 of the applicant's DD Form 214 for the period ending 6 July 2009 contains the erroneous entry, "ARMY/ARNGUS." As a result, the Board recommends that block 2 of the applicant's DD Form...
ARMY | BCMR | CY2009 | 20090018297
The applicant requests that his reentry eligibility (RE) code 4 be changed so that he may enlist in the Army. On 27 October 2008, the applicant was discharged in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 10. The SPD code of KFS was the appropriate code for the applicant based upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of Army Regulation 635-200, chapter 10, in lieu...
ARMY | BCMR | CY2009 | 20090018298
On 14 December 1971, the applicants commander recommended the applicant be separated from the service under the provisions of Army Regulation 635-212 (Personnel Separations - Discharge - Unfitness and Unsuitability), for unsuitability due to character and behavior disorders. When separation for unsuitability was warranted an honorable or general discharge was issued as determined by the separation authority based upon the individual's entire record. Thereafter, the type of discharge and...
ARMY | BCMR | CY2009 | 20090018300
Application for correction of military records (with supporting documents provided, if any). On 5 July 1978, the applicant was discharged with a DD. 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 | 20090018301
IN THE CASE OF: BOARD DATE: 27 April 2010 DOCKET NUMBER: AR20090018301 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant contends his DD Form 214 should be corrected to show his rank/grade as PFC/E-3 and that he should have been paid for his accrued leave based on this rank/grade. The evidence of record shows the applicant was appointed to the permanent rank/grade of PFC/E-3 on 17 February 1965.
ARMY | BCMR | CY2009 | 20090018305
Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that while the applicant was assigned to Company B, 2nd Battalion, 14th Infantry, the unit was awarded the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 April 1966 to 31 August 1968 based on Department of the Army General Orders (DAGO) Number 48, dated 1971 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 20 April...
ARMY | BCMR | CY2009 | 20090018311
On 30 July 2009, the applicant responded to the advisory opinion by stating, in pertinent part, that at the time of his disenrollment from the ROTC program, the PMS informed him that in addition to electing to pay back his debt or enlisting in military service, he was also afforded a third choice to continue his education and upon graduation enlist in the Army to fulfill his financial obligation incurred as a result of his breached ROTC scholarship contract. The applicant's enlistment and...
ARMY | BCMR | CY2009 | 20090018312
Application for correction of military records (with supporting documents provided, if any). Headquarters, U.S. Army Vietnam, General Orders Number 3837, dated 15 June 1966, awarded the FSM the Army Commendation Medal for meritorious service in the Republic of Vietnam for the period July 1965 to June 1966. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 26 of the FSM's DD Form 214 the entry...
ARMY | BCMR | CY2009 | 20090018314
While the applicant provides an Amendment to Certificate of Birth, filed on 30 July 1999, showing his name was corrected from S----- M----- to JS----- M-----, he enlisted, served, and was honorably released from active duty under the name shown in his military records. Therefore, the Amendment to Certificate of Birth filed 27 years after he was released from active duty is not sufficiently mitigating to warrant changing his military records to include his DD Form 214. The applicant is...
ARMY | BCMR | CY2009 | 20090018316
The applicant requests the separation date on her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 August 2008 be corrected to read 18 August 2008 instead of 31 August 2008. The applicant provides copies of her orders to active duty, the amendment to her order to active duty, and her DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending her DD Form 214 with a...
ARMY | BCMR | CY2009 | 20090018326
BOARD DATE: 4 May 2010 DOCKET NUMBER: AR20090018326 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Bronze Star Medal, Purple Heart (2) (in effect Purple Heart with Oak Leaf Cluster), Army Commendation Medal, and the Republic of Vietnam (RVN) Gallantry Cross with Bronze Star. _______ _ __x_____ ___ CHAIRPERSON I certify that herein is recorded...
ARMY | BCMR | CY2009 | 20090018328
The orders awarding the JMUA do not reflect that a V Device was awarded and the applicable regulation does not authorize a V Device for this award. 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. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
ARMY | BCMR | CY2009 | 20090018329
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to include his dates of service in Saudi Arabia and his award of the Southwest Asia Service Medal. His DD Form 214 provides the following: a. block 4 (Grade, Rank, Rate), specialist; b. block 12c (Net Service This Period), 3 years; c. block 12f (Foreign Service), 0 years, 0 months, 0 days; d. block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or...
ARMY | BCMR | CY2009 | 20090018330
IN THE CASE OF: BOARD DATE: 4 May 2010 DOCKET NUMBER: AR20090018330 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his bad conduct discharge be upgraded to a general discharge. There is no evidence the applicant applied to the Army Discharge Review Board within its 15-year statute of limitations for an upgrade of his discharge.
ARMY | BCMR | CY2009 | 20090018332
Application for correction of military records (with supporting documents provided, if any). The applicant states he is requesting correction to his DD Form 214 to show his retirement rank as 1SG as reflected on his retirement orders. Paragraph 12-17 (Grade Title on Retired List of former 1SGs) of the current enlisted separations regulation stipulates that noncommissioned officers holding the grade of MSG at retirement, whose records show successful service as a 1SG sergeant, will be...
ARMY | BCMR | CY2009 | 20090018344
The applicant requests that the record of her late husband, a deceased former service member (FSM), be corrected to show that he elected to participate in the Reserve Components Survivor Benefit Plan (RCSBP). It provides, in effect, that military members could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents. The application itself and the affidavits clearly show that the FSM intended to enroll in the SBP when he applied for retired pay...
ARMY | BCMR | CY2009 | 20090018345
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his home of record at time of discharge was Texas. As there is no evidence the applicant had a break in service, he could not have established a new home of record in Texas.
ARMY | BCMR | CY2009 | 20090018346
The applicant's record shows he enlisted in the Regular Army and entered active duty on 7 August 1970. There is no indication the applicant applied to the Army Discharge Review Board for an upgrade of the FSM's discharge within that board's 15-year statute of limitations. The separation authority clearly recognized the applicant's combat service in the RVN when he directed the applicant receive a GD even though a UOTHC discharge or UD was normally appropriate for members discharged in lieu...
ARMY | BCMR | CY2009 | 20090018347
On 14 December 1984, the applicant's commander recommended separation from the service under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 14, for misconduct. There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
ARMY | BCMR | CY2009 | 20090018348
There is no evidence that he applied to the Army Discharge Review Board for an upgrade of his entry level status characterization of service within its 15-year statute of limitations. His entry level status characterization of service was and still is appropriate based on his brief period of service and reason for his release from active duty. There is no evidence of record and he has not shown any evidence to show he was released from active duty on any date other than 12 December 1987 or...
ARMY | BCMR | CY2009 | 20090018349
The applicant requests upgrade of his bad conduct discharge to an honorable discharge and the reason for discharge changed from court-martial, other to convenience of the government. The United States Court of Appeals for the Armed Forces found that there was a misapplication of the facts and law in the use of the applicant's confessions and communications with the chaplain and that the chaplain was given erroneous information about being required to report the applicant's abuse. As a...
ARMY | BCMR | CY2009 | 20090018350
The applicant requests correction of his military records to show his retired pay grade as E-6. Military Department of Arkansas, Office of the Adjutant General, North Little Rock, Orders 108-014, dated 6 June 1994, discharged the applicant from the Army National Guard and assigned him to the Retired Reserve effective 1 June 1994 in pay grade E-5. The applicant contends that his military records should be corrected to show his retired pay grade as E-6.
ARMY | BCMR | CY2009 | 20090018351
The applicant requests award of the Combat Infantryman Badge (CIB) for his service in Vietnam. This case is being considered using the applicants DD Form 214. There is no evidence which shows the applicant was awarded an infantry MOS and was engaged in active ground combat while assigned to an infantry unit in Vietnam.
ARMY | BCMR | CY2009 | 20090018352
Application for correction of military records (with supporting documents provided, if any). His records also show he served in Southwest Asia from 23 December 1990 to 28 April 1991. _______ _ __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 | 20090018353
The applicant requests that she be issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she was removed from the Temporary Disability Retired List (TDRL). The applicant provides the following documents in support of her application: a. U.S. Army Physical Disability Agency Orders D91-12, dated 9 May 2002; b. DD Form 214, dated 12 August 1991, with an accompanying DD Form 215 (Correction to DD Form 214), dated 22 July 1992; c. Orders 198-070, dated 21 July 1984,...
ARMY | BCMR | CY2009 | 20090018359
There are no orders in the applicant's military service records awarding him the Purple Heart for wounds received on 24 August 1967. Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. publishing an order awarding him the Purple Heart...
ARMY | BCMR | CY2009 | 20090018361
Application for correction of military records (with supporting documents provided, if any). The applicant requests upgrade of his undesirable discharge (UD) to a general under honorable conditions discharge (GD). Although there is no formal record of the mental evaluation, the medical treatment records show military medical personnel were attempting to assist the applicant with his drug problems.
ARMY | BCMR | CY2009 | 20090018369
Application for correction of military records (with supporting documents provided, if any). By law and regulation, the HOR is the place recorded as the home of the individual at the time of enlistment or induction, and there is no authority to change the HOR officially recorded at the time of entry into military service. ABCMR Record of Proceedings (cont) AR20090018369 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont)...