ARMY | BCMR | CY2009 | 20090018634
The applicant requests, in effect, removal of a Noncommissioned Officer Report Evaluation Report (NCOER) [further addressed as the contested report] from his Official Military File (OMPF). Army Regulation 623-205, paragraph 6-11d, states for a claim of inaccuracy or injustice of a substantive type in an evaluation report, evidence will include statements from third parties, rating officials or other documents from official sources. The applicant has failed to provide any statements from...
ARMY | BCMR | CY2009 | 20090018647
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests upgrade of his under other than honorable conditions discharge to an honorable discharge. Army Regulation 635-200, paragraph 3-7b, provided that a general discharge was a separation from the Army under honorable conditions.
ARMY | BCMR | CY2009 | 20090018650
The applicant requests, in effect, upgrade of his undesirable discharge to a general under honorable conditions discharge. He would like this Board to upgrade his discharge from an undesirable discharge to a general discharge. There is no evidence of record which shows the applicant applied to the Army Discharge Review Board within its 15-year statute of limitations.
ARMY | BCMR | CY2009 | 20090018656
IN THE CASE OF: BOARD DATE: 19 May 2010 DOCKET NUMBER: AR20090018656 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Additionally, he contends, in effect, that the ADRB erroneously stated that his commander recommended that he receive an under other than honorable conditions characterization of service. Further, the commander recommended that the applicant be separated with uncharacterized service.
ARMY | BCMR | CY2009 | 20090018662
He also states that his commander told him that the statement on the bottom of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) which states that he was "recommended for further military training" was his recommendation for OCS. The applicant's military records are not available for review. However, there is no evidence that the applicant ever did so.
ARMY | BCMR | CY2009 | 20090018664
The applicant requests that his Reentry (RE) Code be changed so that he may be able to reenter the military. He was discharged from active duty in pay grade E-2 on 30 June 2006, under the provisions of Army Regulation 635-200, chapter 9, for alcohol rehabilitation failure, with a general discharge. The 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.
ARMY | BCMR | CY2009 | 20090018665
Paragraph 127c, Section B stated if an accused was found guilty of an offense or offenses for none of which a dishonorable or bad conduct discharge was authorized, proof of two or more previous convictions adjudged by a court during the 3 years next preceding the commission of any offense of which the accused stands convicted would authorize a bad conduct discharge and a forfeiture of all pay and allowances. The applicant was not discharged because of a marijuana conviction. Therefore, his...
ARMY | BCMR | CY2009 | 20090018667
The applicant provided a corrected retirement packet, dated 30 October 2008, indicating he requested transfer to the Retired Reserve to be effective 1 November 2008. On 19 September 2009, the applicant submitted his application to the Board to change his election from discharge to transfer to the Retired Reserve. The evidence of record shows the applicant elected to be discharged from the USAR on 30 October 2008 and orders show he was properly discharged from the USAR on 1 November 2008...
ARMY | BCMR | CY2009 | 20090018669
During the original review of this case it was determined the applicant voluntarily requested and was granted retirement in the rank of major prior to completing the 3 years of service as an LTC as required by law to retire in that grade. Further, the evidence fails to support a conclusion the family considerations that resulted in him declining his overseas assignment and requesting retirement rose to the level of extreme hardship, or exceptional or unusual circumstances, at the time he...
ARMY | BCMR | CY2009 | 20090018670
On 30 March 1984, the unit commander notified the applicant of his intent to initiate separation action on him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 13, for unsatisfactory performance. The applicant states, in effect, that he should have received an honorable discharge. The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows he was discharged on 9 May 1984 with a general discharge in...
ARMY | BCMR | CY2009 | 20090018671
The applicant requests that he be paid $40,000 in Army College Fund (ACF) benefits as outlined in his enlistment contract. The applicants military records may be corrected to show his DA Form 3286-66 was amended to include the sentence, "If ACF benefits in the amount of $40,000.00 (exclusive of MGIB benefits) were authorized by the official processing you for enlistment and the Government fails to pay the full amount under the appropriate provisions and such failure results in nonpayment...
ARMY | BCMR | CY2009 | 20090018674
Application for correction of military records (with supporting documents provided, if any). There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 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.
ARMY | BCMR | CY2009 | 20090018675
Application for correction of military records (with supporting documents provided, if any). On 20 October 1978, Headquarters, U.S. Army Element, I Corps (ROK [Republic of Korea]/US) Group, Special Court-Martial Order Number 23, approved the sentence and ordered it duly executed, but the execution of that portion adjudging confinement at hard labor in excess of 60 days was suspended until 16 April 1979. There is no evidence the applicant applied to the Army Discharge Review Board within...
ARMY | BCMR | CY2009 | 20090018676
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his records be corrected to show award of the Bronze Star Medal. Based on the available evidence he is authorized to wear one bronze service star on his European-African-Middle Eastern Campaign Medal.
ARMY | BCMR | CY2009 | 20090018677
The applicant requests, in effect, that his discharge characterized as under other than honorable conditions (UOTHC) be upgraded to a general discharge. However, the MPRJ does contain a DD Form 214 that shows he was discharged, on 2 March 1978, under the provisions of Army Regulation 635-200, Chapter 10, with a UOTHC discharge. At the time of his discharge, the applicant had completed 7 months and 4 days of active service.
ARMY | BCMR | CY2009 | 20090018678
The applicant requests, in effect, award of the Purple Heart and correction of item 30 (Wounds Received in Action) of his WD AGO Form 53-98 (Military Record and Report of Separation - Certificate of Service) to show he was wounded in action in May 1945. The applicant states: * item 30 of his WD AGO Form 53-98 shows no wounds * he received a shrapnel wound in May 1945 in the European theater of operations * he was wounded in the line of duty * his wound should entitle him to a possible medal...
ARMY | BCMR | CY2009 | 20090018680
The applicant requests that she be paid $10,424.32 in Army College Fund (ACF) benefits as outlined in her enlistment contract. The applicant provides a DA Form 3286-66 (Statement of Understanding, United States Army Incentive Enlistment Program) and a DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of this application. The VA booklet, Federal Benefits for Veterans and Dependents, states the VA will pay education benefits for training in college, technical, or...
ARMY | BCMR | CY2009 | 20090018682
Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons. Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents) establishes RE code 3 as the proper reentry code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 14-12b for...
ARMY | BCMR | CY2009 | 20090018689
The applicant requests to have his general discharge upgraded to an honorable discharge. On 1 November 1988, the applicant's immediate commander notified the applicant of his intent to initiate separation action against him in accordance with paragraph 14-12c (Commission of a Serious Offense) of Army Regulation 635-200 (Personnel Separations) for wrongfully using cocaine which was detected by biochemical testing of a urine sample submitted by the applicant. Army Regulation 635-200,...
ARMY | BCMR | CY2009 | 20090018690
On 9 August 1971, the separation authority approved the applicant's request for discharge and directed that he receive an under other than honorable conditions discharge. 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 after court-martial charges were preferred,. Army Regulation 635-200,...
ARMY | BCMR | CY2009 | 20090018692
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 January 1980 to show the Korea Defense Service Medal (KDSM), Special Forces Tab, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Meritorious Service Medal (MSM). The applicant provides: * excerpt on the KDSM and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * DA Form 2-1 (Personnel Qualification Record) *...
ARMY | BCMR | CY2009 | 20090018695
The applicant requests that his under other than honorable conditions discharge be upgraded to an honorable discharge. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. 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 | 20090018700
His record contains a properly-constituted DD Form 214 that shows he was discharged on 30 October 2006 under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), paragraph 5-11, by reason of failure to meet procurement medical fitness standards, with a character of service of uncharacterized. A medical proceeding conducted by an EPSBD, regardless of the date completed, must establish that a medical condition was identified by...
ARMY | BCMR | CY2009 | 20090018701
The applicant requests upgrade of his general under honorable conditions discharge to an honorable discharge. Accordingly, the applicant was discharged on 3 October 1967 with a general discharge under the provisions of Army Regulation 635-212 for unsuitability due to character and behavior disorder. Evidence of record shows the applicant's total service extended from 1 March 1966 to 3 October 1967 for a period of 1 year, 7 months, and 2 days.
ARMY | BCMR | CY2009 | 20090018702
On 17 February 1976, the separation authority approved the recommendation for separation and directed that the applicant be furnished a general discharge. A general discharge is a separation from the Army under honorable conditions of an individual whose military record was not sufficiently meritorious to warrant an honorable discharge. Although the applicant contends he received a hardship discharge and was informed it would be honorable, the evidence of record shows he acknowledged...
ARMY | BCMR | CY2009 | 20090018703
ARMY | BCMR | CY2009 | 20090018711
The applicant requests that his Reentry (RE) code of RE-4 and his character of service be changed. On 7 August 2001, the separation authority directed that the applicant be separated under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, for the good of the service in lieu of trial by court-martial, with an under other than honorable conditions character of service. Army Regulation 635-200, paragraph 3-7a, provides that an honorable...
ARMY | BCMR | CY2009 | 20090018721
The applicant requests correction of his military records to show he served a period of active duty during the racial riots in Pittsburgh in the 1960's. The applicant's records show he did have two operations for injuries he received in March 1965 while on ACDUTRA. _________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 | 20090018725
The applicant requests: a. an upgrade of his under other than honorable conditions discharge to a general under honorable conditions discharge; and b. correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show awards of the Purple Heart, the Combat Infantryman Badge, and the Air Medal. However, his records contain a properly-constituted DD Form 214 that shows he was discharged on 29 August 1973 under the provisions of chapter 10 of Army...
ARMY | BCMR | CY2009 | 20090018727
The applicant states the following: * He had a neck injury while on active status at Fort Rucker, AL for flight school and other training * MRI [magnetic resonance imaging] results revealed three bulging discs between C-3/4 and T-1 * He was given an Up Slip after being on profile for several months with a permanent profile for no running or sit-ups * He was released from an active duty status and returned to Arizona on M-day status * The State Flight Surgeon determined he should be...
ARMY | BCMR | CY2009 | 20090018728
The applicant requests correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all awards for his service in Korea. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. ___________X____________ CHAIRPERSON I certify that herein is recorded the true and...
ARMY | BCMR | CY2009 | 20090018729
His records show he was awarded the Iraq Campaign Medal. His records show he was awarded the Afghanistan Campaign Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending Permanent Orders Number 093-36, issued by Headquarters, 1st Brigade Combat Team, 82nd Airborne Division, on 25 July 2008, to show achievement instead of service; b. deleting from item 13 of his DD Form 214 the entries Army Commendation Medal...
ARMY | BCMR | CY2009 | 20090018731
He completed 3 years of creditable active duty service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 24 of his DD Form 214 the Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards). __________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 | 20090018732
The applicant requests correction of his records to show he was medically discharged. The Army rates only conditions determined to be physically unfitting at the time of discharge which disqualify the Soldier from further military service. The applicant requests that his records be corrected to show he was medically discharged.
ARMY | BCMR | CY2009 | 20090018735
IN THE CASE OF: BOARD DATE: 20 April 2010 DOCKET NUMBER: AR20090018735 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states he received a letter from the National Personnel Records Center (NPRC) showing he is authorized the AM and ARCOM. The applicant's record is void of documentation showing he was recommended for or awarded either the AM or the ARCOM.
ARMY | BCMR | CY2009 | 20090018736
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 July 1982 (hereafter referred to as the DD Form 214 in question) to show award of the Purple Heart. However, the Vietnam Casualty Roster and a Purple Heart certificate that he provided show he was wounded in action against a hostile enemy on 20 May 1966 while he was in the Republic of Vietnam. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2009 | 20090018738
The memorandum from the Chief of Staff, MEARNG, to the applicant's MOC, dated 25 February 1987, states: Unfortunately, we will not be able to extend the enlistment of [applicants name] as he and his unit commander requested. Army Regulation 135-180 (Army National Guard and Army Reserve-Qualifying Service for Retired Pay - Non Regular Service), indicates, in pertinent part, that to be eligible for retired pay, an individual does not need to have a military status at the time of application...
ARMY | BCMR | CY2009 | 20090018741
Application for correction of military records (with supporting documents provided, if any). A DD Form 214 was issued at the time the applicant was retired from active duty on 24 December 2004. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the statement "SERVICE IN AFGHANISTAN FROM 20031017-20031215 to item 18 of his DD Form 214 issued in 2004.
ARMY | BCMR | CY2009 | 20090018744
The applicant requests that his separation with disability severance pay be corrected to disability retirement. An advisory opinion from the U.S. Army Physical Disability Agency (USAPDA) noted: a. the applicant's painful joints had been rated together in accordance with the practice in effect at the time; b. current practice would rate these conditions separately; c. the USAPDA suggested that doing so now would be equitable and that a rating of 10 percent for each of the four separate...
ARMY | BCMR | CY2009 | 20090018748
The applicant requests, in effect, that his discharge characterized as under other than honorable conditions (UOTHC) be upgraded to an honorable discharge. There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that boards 15-year statute of limitations. However, it does include a properly-constituted DD Form 214 and a letter the applicant was provided at the time of discharge that identifies the reason and character of...
ARMY | BCMR | CY2009 | 20090018751
ARMY | BCMR | CY2009 | 20090018754
On 30 May 2005, the commanding general (CG) of the 352d Civil Affairs Command authored an eight-page memorandum of record surrounding the events involving the applicant. Paragraph 3-27a provides that no reference will be made to an incomplete investigation (formal or informal) and that references will only be made to actions or investigations that have been processed to completion, adjudicated and had final action taken before submitting the report to the Department of the Army. ...
ARMY | BCMR | CY2009 | 20090018758
The applicant requests payment of his Prior Service Enlistment Bonus (PSEB) for which he enlisted as an exception to policy. The recommendation was based on the NGB Form 600-7-R-E, dated 28 July 2008 signed by the applicant; b. NGB Form 600-7-R-E shows the applicant met the requirements of his contract and was issued a bonus control number of P089080009AR; c. ARNG SRIP Guidance for Fiscal Year 2007, 10 August 2007 31 March 2007 Policy Number 07-06 and continuation memorandum, dated 20 May...
ARMY | BCMR | CY2009 | 20090018764
The applicant states: * he received the AAM during his deployment but he did not have the orders in hand at the time of his demobilization for input by out-processing personnel * he served under multiple commands while in theater and throughout his mobilization * since he was an individual member attached to incoming units he did not demobilize with the units he received the AAM with and he obtained the orders after he returned home * he received two awards of the NATO Medal, one for his...
ARMY | BCMR | CY2009 | 20090018767
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all awards he is entitled to including the Combat Infantryman Badge and/or the Combat Action Ribbon [taken to mean the Combat Action Badge]. Since there is no evidence the applicant served in the Navy, his request for the Combat Action Ribbon was taken to mean the Combat Action Badge. The available records show the applicant was awarded the Vietnam Service Medal.
ARMY | BCMR | CY2009 | 20090018768
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his 1992 discharge under other than honorable conditions be upgraded. c. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2009 | 20090018769
The applicant served in Vietnam from 12 January 1968 to 11 March 1969. Based on the applicant's service in Vietnam, he is entitled to the Valorous Unit Award with Oak Leaf Cluster, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one silver and one bronze service star to be affixed to his already authorized Vietnam Service Medal. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2009 | 20090018771
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct social security number is 569 - ## - ####. The evidence of record clearly shows the applicant was inducted into the Army of the United States using social security number 569 - ## - ####, and he served under that same number.
ARMY | BCMR | CY2009 | 20090018772
The applicant requests correction of his reentry eligibility (RE) code from an RE-3 to an RE-1 so he may reenter military service. Army Regulation 601-210 (RA and Army Reserve Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve. The "MCF" SPD code is the correct code for Soldiers separating under Army Regulation 635-200, chapter 5-17.
ARMY | BCMR | CY2009 | 20090018773
Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry MOS. The applicant's DD Form 214 does show he received service and campaign medals for his combat service in the Republic of Vietnam. Concerning award of the Combat Infantryman Badge, the evidence of record shows the applicant held MOS 13A.