ARMY | BCMR | CY2009 | 20090001775
IN THE CASE OF: BOARD DATE: 05 MAY 2009 DOCKET NUMBER: AR20090001775 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states that her DD Form 214 (Certificate of Release or Discharge from Active Duty) reflects that she was released from active duty (REFRAD) under honorable conditions due to unsatisfactory performance. Accordingly, she was REFRAD under honorable conditions on 18 March 1987, under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance.
ARMY | BCMR | CY2009 | 20090001776
On 5 May 1976, the applicant was accordingly discharged. The DD Form 214 he was issued at the time of his discharge shows he was discharged for the good of the service with a character of service of under other than honorable conditions. The applicant's contention that his discharge should be upgraded because he was young at the time and the evidence he submitted was carefully considered; however, the records show that the applicant was 23/24 years of age at the time of his offense.
ARMY | BCMR | CY2009 | 20090001779
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 17 January 2008 through 6 February 2009 to reflect 00 years, 11 months, and 12 days vice 00 years, 9 months, and 7 days in item 12f (Foreign Service). The applicant requests foreign service from a previous tour of active duty be entered on the subject DD Form 214. The applicants DD Form 214 is correct.
ARMY | BCMR | CY2009 | 20090001780
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. The applicant provides a copy of his DD Form 214, dated 8 July 2004, in support of his application. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Combat Infantryman Badge to his DD Form 214, dated 8 July 2004.
ARMY | BCMR | CY2009 | 20090001784
The applicant requests correction of the date of graduation from the Special Forces Qualification Course. His DA Form 1059, dated 12 April 1985, shows he completed the Special Operations Communications Sergeant Course on 12 April 1985. The evidence of record shows the applicant completed the Special Forces Qualification Course during the period 1 October 1984 through 12 April 1985.
ARMY | BCMR | CY2009 | 20090001785
The applicant requests that his discharge under other than honorable conditions be upgraded to a general discharge. On 29 October 1990, the applicant was discharged with a characterization of service of 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.
ARMY | BCMR | CY2009 | 20090001786
The applicant requests, in effect, removal of Permanent Order 292-05, dated 19 October 2005, for award of the Good Conduct Medal (1st Award) from his official military personnel file (OMPF). The evidence of record shows the applicant was awarded the Good Conduct Medal (1st Award) for the period from 27 June 1996 through 26 June 1999. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. revoking Permanent Order 292-05,...
ARMY | BCMR | CY2009 | 20090001787
Application for correction of military records (with supporting documents provided, if any). An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders. The evidence of record does not support the applicant's contention that the FSM is entitled to award of the Combat Infantryman Badge.
ARMY | BCMR | CY2009 | 20090001788
Army Regulation 672-5-1 (Awards), in effect at the time of the applicant's separation, provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The evidence of record shows that the applicant was awarded the Bronze Star Medal with "V" Device, Army Commendation Medal, and the Purple Heart while he served in Vietnam. As a result, the Board recommends that all...
ARMY | BCMR | CY2009 | 20090001789
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The investigating officer recommended that nonjudicial punishment be imposed against the applicant, that he receive a general officer memorandum of reprimand (GOMOR) as part of his NJP, and that the GOMOR be filed in his official military personnel file (OMPF). The board determined that there was sufficient evidence to prove that the applicant did commit acts of personal misconduct by maintaining an inappropriate sexual relationship with...
ARMY | BCMR | CY2009 | 20090001791
The applicant requests correction of his reentry eligibility (RE) code from RE-4 to RE-3 so he may reenter military service. The "KFS" SPD code is the correct code for Soldiers separating under chapter 10 of Army Regulation 635-200. Therefore, the applicant received the appropriate RE code associated with his discharge.
ARMY | BCMR | CY2009 | 20090001793
The applicant requests that he be paid $25,000.00 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 $25,000.00 (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 | 20090001794
The applicant requests that item 18 (Remarks) on his 1991 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that his service in Southwest Asia (SWA) ended on 27 March 1991 vice 1990. There is sufficient evidence to confirm the applicant redeployed from SWA in 1991 and not 1990 as shown in item 18 of his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in item 18...
ARMY | BCMR | CY2009 | 20090001795
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 provides insufficient evidence to show that his discharge or the characterization of his discharge was improper or inequitable. _______ _ 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 | 20090001798
Application for correction of military records (with supporting documents provided, if any). The applicant requests that an entry in item 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 December 2005 be corrected. The applicant provides a copy of his DD Form 214 for the period ending 16 December 2005; active duty orders, dated 6 August 2004; reassignment orders, dated 2 September 2004, 23 November 2004, 29 November 2004, and 7...
ARMY | BCMR | CY2009 | 20090001801
It states, in pertinent part, that a Soldier who has completed 20, but less than 30, years of Active Federal Service (AFS) in the United States Armed Forces may be retired at his or her request upon completion of 20 years of active military service. The SPD code of "KFS" is the correct code for Soldiers separating under chapter 10, Army Regulation 635-200. However, the evidence of record in this case confirms the applicant only completed a total of 10 years and 3 months of active military...
ARMY | BCMR | CY2009 | 20090001804
The applicant requests, in effect, that his discharge under other than honorable conditions be upgraded to an honorable, general, or medical discharge and that his narrative reason for separation be changed to show that he was discharged by reason of physical disability. Accordingly, on 8 September 1978, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 5-31, under the Expeditious Discharge Program. The evidence of records indicates that the applicant...
ARMY | BCMR | CY2009 | 20090001805
The applicant provides, in support of his application, the front pages of his Standard Form (SF) 88 (Report of Medical Examination) and SF 93 (Report of Medical History) from his physical examination on 19 October 1976; a two-page SF 600 (Chronological Record of Medical Care), initially dated 24 January 1977; a DA Form 3349 (Medical Condition - Physical Profile Record), dated 26 January 1977; a DA Form 2496 (Disposition Form), subject: Placement on Outpatient Medical Hold Status, dated 27...
ARMY | BCMR | CY2009 | 20090001807
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 he was issued shows he was discharged for the good of the service with a character of service of under other than honorable conditions. _______ _XXX _______ ___ CHAIRPERSON I...
ARMY | BCMR | CY2009 | 20090001808
Application for correction of military records (with supporting documents provided, if any). On 11 March 1980, his unit commander and two drill sergeants submitted statements recommending that the applicant be discharged as a two time AIT failure. On 12 March 1980, the discharge authority approved the discharge under Army Regulation 635-200, paragraph 5-31, and directed that the applicant's service be characterized as under honorable conditions.
ARMY | BCMR | CY2009 | 20090001810
The applicant states, in effect, his DD Form 214 does not show his correct rank and pay grade and he wants it corrected for his permanent records. The applicant's military record shows he was inducted into the Army of the United States, in pay grade E-1, on 4 March 1969, for 2 years. Based on the evidence, the applicant is entitled to a correction of his DD Form 214, in accordance with the provisions of Army Regulation 635-5, currently in effect, to show he was released from active duty in...
ARMY | BCMR | CY2009 | 20090001811
At the time, she was about to be separated from the Army with a medical discharge through the PEB process. The applicant's medical records are not available for review with this case. The applicants contention that her indiscipline was a result of her medical condition and her medication were considered and there is no evidence in the available records and the applicant has provided evidence which shows that there was a direct correlation between her acts of indiscipline and her diagnosed...
ARMY | BCMR | CY2009 | 20090001812
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his correct date of entry as 14 February 1976 instead of 5 September 1979. Item 12a (Date Entered Active Duty (AD) This Period), "1979 09 05"; b. Item 12a of his DD Form 214, for the period ending 31 October 1997, correctly reflects the entry "1979 09 05" (the date he reenlisted), item 12b correctly reflects the entry "1997 10 31" (the date he was released from active duty),...
ARMY | BCMR | CY2009 | 20090001814
There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that Board's 15-year statute of limitations. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. There is no evidence and the applicant has failed to provide any evidence to show that the 292 days of lost time listed on his DD Form 214 are incorrect.
ARMY | BCMR | CY2009 | 20090001815
The regulation applied[s] to enlisted Soldiers of the Army National Guard of the United States and the U. S. Army Reserve. The applicant was discharged from the Army National Guard on 1 February 1995 for unsatisfactory participation with an UOTHC discharge. In the absence of evidence to the contrary, it is presumed that the applicant's discharge notification packet and subsequent discharge from the Army National Guard was administratively correct and in conformance with applicable regulations.
ARMY | BCMR | CY2009 | 20090001817
Section 9 (Medals, Decorations, and Citations) of the applicant's DD Form 230 (Service Record) shows receipt of the United Nations Service Medal, the Korean Service Medal with one bronze service star, and one overseas service bar. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows receipt of the United Nations Service Medal, the Korean Service Medal with one bronze service star, and one overseas...
ARMY | BCMR | CY2009 | 20090001818
The applicant was discharged on 2 September 1983 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.
ARMY | BCMR | CY2009 | 20090001820
The applicant requests that his records be corrected to show he was transferred to the Retired Reserve vice being discharged. However, by regulation, members of the Reserve Component who are eligible to receive retired pay at age 60 have the option to be removed from an active Reserve status by either being discharged or transferred to the Retired Reserve. The evidence of record in this case confirms the applicant was honorably discharged from the USAR on 29 August 2006.
ARMY | BCMR | CY2009 | 20090001822
The applicants military records may be corrected to show her Statement for Enlistment - United States Army Enlistment Program 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 nonpayment of ACF benefits in the amount of $40,000.00 over the amount of the MGIB...
ARMY | BCMR | CY2009 | 20090001823
The applicant requests that his undesirable discharge be upgraded to honorable. On 23 April 1970, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), for AWOL (7 days). On 22 August 1973, the Army Discharge Review Board (ADRB) considered the applicant's request for an upgrade of his discharge.
ARMY | BCMR | CY2009 | 20090001829
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that his undesirable discharge be upgraded to honorable. However, at the time of the applicant's separation the regulation provided for the issuance of an undesirable discharge.
ARMY | BCMR | CY2009 | 20090001831
IN THE CASE OF: BOARD DATE: 21 MAY 2009 DOCKET NUMBER: AR20090001831 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. The authors stated that they supported the applicant's request for clemency and that the applicant's punishment was too severe.
ARMY | BCMR | CY2009 | 20090001832
Application for correction of military records (with supporting documents provided, if any). He successfully completed his training and was transferred to Vietnam on 25 August 1966 for assignment to Company B, 1st Engineer Battalion, 1st Infantry Division. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor...
ARMY | BCMR | CY2009 | 20090001842
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 26 October 1973, the applicant was discharged under the provisions of chapter 10 of Army Regulation 635-200 (Personnel Separations) for the good of the service. The applicant voluntarily requested discharge, acknowledged that he may be discharged under other than honorable conditions, and that he would be furnished an Undesirable Discharge Certificate.
ARMY | BCMR | CY2009 | 20090001843
The applicant requests, in effect, that his undesirable discharge be upgraded to an honorable discharge. He further acknowledged he understood that if his discharge request was approved, he may be discharged under conditions other than honorable and furnished an Undesirable Discharge Certificate. However, at the time of the applicant's separation the regulation provided for the issuance of an undesirable discharge.
ARMY | BCMR | CY2009 | 20090001851
Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. The evidence of record clearly shows that the applicant's last unit of assignment prior to transfer for separation was Headquarters and Headquarters Battery, 2nd Howitzer Battalion, 320th Field Artillery Regiment, USARV. Furthermore, there is no evidence of record, other than the entry on his DD Form 214, showing...
ARMY | BCMR | CY2009 | 20090001853
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. This document shows the applicant requested to have his discharge under other than honorable conditions upgraded based upon his allegation that he was wrongfully accused of committing a crime. This paragraph also provided that an officer's service would normally be characterized as under honorable conditions or under other than honorable conditions when such a determination was made by a Department of the Army Active Duty Board for...
ARMY | BCMR | CY2009 | 20090001855
IN THE CASE OF: BOARD DATE: 28 April 2009 DOCKET NUMBER: AR20090001855 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The assistant adjutant stated the applicant had had one request for a hardship discharge denied and that the applicant stated he would continue to go AWOL until he was discharged. On 2 April 1971, the applicant was discharged under the provisions of chapter 10 of Army Regulation 635-200 (Personnel Separations) for the good of the service.
ARMY | BCMR | CY2009 | 20090001856
After 2 months and 10 days of service as a member of the USAR, the applicant was honorably discharged on 3 January 1968 for the purpose of immediate enlistment in the Regular Army (RA). A further review of the available records does not show that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that Board's 15-year statute of limitations. As a result, the Board recommends that all Department of the Army records of the individual concerned...
ARMY | BCMR | CY2009 | 20090001857
The applicant states, in effect, that he completed the required program and was awarded a certificate on 17 December 1975 for completion of his reconciliation service by Presidential Proclamation Number 4313. The VA stated that military records show the applicant had 1,954 days of AWOL. For those who elected discharge, a Joint Alternate Service Board composed of military personnel would establish a period of alternate service of not more than 24 months that the individuals were to perform.
ARMY | BCMR | CY2009 | 20090001859
The applicant requests, in effect, that his under other than honorable conditions (UOTHC) discharge be upgraded to an honorable discharge (HD). On 15 April 1985, the separation authority approved the applicant's request for discharge under the provisions of chapter 10, Army Regulation 635-200, and directed he receive an UOTHC discharge. On 7 May 1985, the applicant was discharged accordingly.
ARMY | BCMR | CY2009 | 20090001860
On 9 September 2005, during a discussion with his immediate commander, the applicant informed his immediate commander that he would not get on the plane leaving for Iraq on 15 September 2005. On 13 October 2005, the applicant was afforded the opportunity by the IO to appear at a hearing to present evidence in support of his conscientious objector application. Army Regulation 635-200 states, in pertinent part, that prior to discharge or release from active duty, individuals will be assigned...
ARMY | BCMR | CY2009 | 20090001861
The applicant states, in effect, his DD Form 214 does not reflect the bronze service stars for his Vietnam Service Medal, Good Conduct Medal, Air Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. It also shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and the Purple Heart, the same awards as on his DD Form 214. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2009 | 20090001862
The applicant requests, through a court remand, further consideration of his request that his records be corrected to show: " that I be promoted to Colonel effective 5 June 1995 as was required under then and current Army regulations. Orders, dated 18 October 1994, retired the applicant from active service effective 31 January 1995 under the provisions of Title 10, U. S. Code, section 3911 and placed him on the Retired List the following day in the rank and grade of LTC, O-5 with 22 years...
ARMY | BCMR | CY2009 | 20090001863
IN THE CASE OF: BOARD DATE: 09 APRIL 2009 DOCKET NUMBER: AR20090001863 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to add the statement "Soldier is Eligible for Transitional Health Care under 10 USC Section 12305 until 7 February 2009."
ARMY | BCMR | CY2009 | 20090001864
The applicant requests that his discharge under other than honorable conditions be upgraded to honorable. He also states that he was told after 5 years he could get his discharge upgraded. However, discharge orders and the applicant's DD Form 214 show he was discharged under other than honorable conditions on 18 August 1977 under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 10, for the good of the service.
ARMY | BCMR | CY2009 | 20090001865
The request indicates that his discharge from the Regular Army on 4 October 1984 was due to in lieu of court-martial. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. The applicant did not acknowledge in his application that he was AWOL for 62 days and had requested a discharge in lieu of court-martial.
ARMY | BCMR | CY2009 | 20090001867
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his military occupational specialty (MOS) as 91B4S (Special Forces Medical Specialist) instead of 91B4O (Medical Specialist). Item 38 (Principal Duty) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served as a Special Forces Medical Specialist throughout his military career. The applicant completed the Special Forces Aidman Course and...
ARMY | BCMR | CY2009 | 20090001868
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that her discharge under other than honorable conditions be upgraded to a general discharge. She continues by stating that 8 years later she served her time at Fort Ord and was discharged.
ARMY | BCMR | CY2009 | 20090001870
During the Vietnam era, the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H. The evidence of record shows that the applicant held an aviation maintenance MOS and was assigned to a support and/or transportation unit during his service in the Republic of Vietnam. In the absence of evidence that the applicant held an infantry MOS and actively participated in combat while assigned to an infantry unit, there is insufficient...