ARMY | BCMR | CY2009 | 20090019469
When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. c. Army Regulation 635-200, paragraph 113 (Reduction in grade) states when a Soldier is to be discharged under other than honorable conditions, the separation authority will direct an immediate reduction to the lowest enlisted grade per Army Regulation 600819 (Enlisted Promotions and Reductions), chapter 10. d. Article 58a, Uniform Code of...
ARMY | BCMR | CY2009 | 20090019474
Application for correction of military records (with supporting documents provided, if any). The FSM was then killed in action and his true father set about correcting the FSM's last name from "S***d" to "W**e." The issue may have previously come before a board in 1948 since Army correspondence shows that the FSM's headstone was corrected to show the last name as "W**e" vice "S***d." However, any record of correction was destroyed in the 1973 fire at the St. Louis repository. Nevertheless,...
ARMY | BCMR | CY2009 | 20090019477
The applicant requests an upgrade of his under other than honorable conditions discharge to a general discharge. On 8 August 1975, the separation authority waived further rehabilitative requirements and approved the applicant's discharge under the provisions of paragraph 13-5 of Army Regulation 635-200 by reason of unsuitability and directed that he be furnished a General Discharge Certificate. The discharge proceedings were conducted in accordance with law and regulations applicable at...
ARMY | BCMR | CY2009 | 20090019478
The applicant requests upgrade of his under other than honorable conditions discharge to an honorable discharge. 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. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally...
ARMY | BCMR | CY2009 | 20090019480
IN THE CASE OF: BOARD DATE: 6 May 2010 DOCKET NUMBER: AR20090019480 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. On 19 December 2005, the applicant was discharged after completing 3 years, 5 months, and 19 days of creditable active service. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.
ARMY | BCMR | CY2009 | 20090019481
The applicant requests that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show in block 12b that she was released from active duty (REFRAD) on 8 September 2009 instead of 29 July 2009 as currently reflected on that form. On 29 July 2009, A DD Form 214 was issued at WRAMC Transition Center that released her from active duty training. The evidence submitted by the applicant clearly shows that she was REFRAD on 8 September 2009 and therefore is...
ARMY | BCMR | CY2009 | 20090019485
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his period of foreign service and to show entitlement to the Kuwait Liberation Medal and the Global War on Terrorism Expeditionary Medal. The applicant contends that his foreign service time, GWOTEM, and the Kuwait Liberation Medal were omitted from his DD Form 214. The available records show the applicant served in Kuwait in 1999.
ARMY | BCMR | CY2009 | 20090019486
The applicant requests, in effect, that his records be corrected to show he has already completed his 4 year Reserve Service Obligation (RSO). In Item 15 of this form the applicant acknowledged, "I further understand that the remaining portion of the service obligation is a reserve service obligation (RSO) and shall be served in the Individual Ready Reserve (IRR), unless the Secretary of the Army and I mutually agree that the remaining portion, or a part thereof, shall be served on active...
ARMY | BCMR | CY2009 | 20090019491
The evidence also confirms the applicant was awarded an Army Commendation Medal with V device. Records show the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Air Medal from his DD Form 214 and replacing it with two awards of the Air Medal; b. amending his DD Form 214 to add the V device to his already-awarded Army Commendation Medal and to add a...
ARMY | BCMR | CY2009 | 20090019494
Since his problems started during his service in the military and his depression was the true reason for his discharge, he should be awarded a medical retirement. Paragraph 5-13 provides that a Soldier may be separated for a personality disorder, not amounting to disability under Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), that interferes with assignment to or performance of duty. He was discharged under the provisions of paragraph 5-13 of Army...
ARMY | BCMR | CY2009 | 20090019495
The applicant provides a copy of his WD AGO Form 53-55, dated 21 November 1945; a copy of a DA Form 1577 (Authorization for Issuance of Awards), dated 20 November 2000; and an original certificate of commendation to the 91st Infantry Division, in support of his request. The evidence of record shows that the applicant served a qualifying period of service for award of the American Campaign Medal in that he served in the American Theater of Operations for 30 consecutive days and his unit...
ARMY | BCMR | CY2009 | 20090019496
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 April 2009 to show his military occupational specialty (MOS) skill level as 4 instead of 3. The evidence of record shows the applicant was retired in the grade of SFC/E7. Therefore, he is entitled to have his DD Form 214 corrected to show his skill level as 4.
ARMY | BCMR | CY2009 | 20090019497
The applicant requests correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Iraq and all awards and campaign medals. It states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18. c. Army Regulation 600-8-22 (Military Awards) states the...
ARMY | BCMR | CY2009 | 20090019498
The applicants military records are not available to the Board for review. The applicant's DA Form 24 (Service Record) which would have showed his conduct and efficiency ratings throughout his military service, is not available for review with this case. The applicant contends that his DD Form 214 should be corrected to show award of the Good Conduct Medal and all awards and decorations he earned during his military service.
ARMY | BCMR | CY2009 | 20090019504
Military Personnel Records and advisory opinions (if any). National Guard Regulation 600-5 (The AGR Program, Title 32, Full-Time National Guard Duty (FTNGD)), states at: a. paragraph 5-4, for retention beyond mandatory release date from Active Federal Service (AFS), the most important fact to consider in the decision is that the Soldier is not only the best available, but the only one available and extensions beyond 20 years of AFS for officers are normally short term until the incumbent...
ARMY | BCMR | CY2009 | 20090019505
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Medical Badge (CMB) and Army Commendation Medal (ARCOM) with "V" Device. The certificate provided by the applicant clearly shows he was awarded the ARCOM with "V" Device for performance of his medical duties while under fire. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding...
ARMY | BCMR | CY2009 | 20090019506
Application for correction of military records (with supporting documents provided, if any). On 20 March 1979, the Army Discharge Review Board determined the applicant's discharge was proper and equitable and denied his request for an upgrade of his discharge. In view of the fact the applicant voluntarily requested discharge to avoid a court-martial that could have resulted in him receiving a punitive discharge, his overall record of undistinguished service did not support the issuance of...
ARMY | BCMR | CY2009 | 20090019508
Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities, reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. By regulation, the SPD code of KFS and an RE code of 4 will be assigned to members who are discharged for the good of the service in lieu of trial by court-martial. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily...
ARMY | BCMR | CY2009 | 20090019512
Application for correction of military records (with supporting documents provided, if any). There are no provisions provided under Army Regulation 27-10 (Military Justice) or Army Regulation 600-37 (Unfavorable Information) for the removal or transfer of a DD Form 2329 to the R section of the OMPF. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear that the record is in error or unjust.
ARMY | BCMR | CY2009 | 20090019514
The applicant's evidence showing he had medical and surgical treatment for cerival spinal stenosis; a VA Rating Decision, dated 2 March 2009; and multiple documents from his VA medical treatment records were not previously considered by the Board. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability. It states commanders of...
ARMY | BCMR | CY2009 | 20090019516
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his correct name and type of discharge. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct name, will be filed in his Official Military Personnel File (OMPF). ___________x____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the...
ARMY | BCMR | CY2009 | 20090019517
Application for correction of military records (with supporting documents provided, if any). The applicants military records show he enlisted in the Regular Army on 3 February 1976. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ____x___ ____x___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error...
ARMY | BCMR | CY2009 | 20090019519
Application for correction of military records (with supporting documents provided, if any). Various documents in the applicant's service record show his DOB both as 9 March 1947 and 23 March 1947. Therefore, it would be appropriate to correct the applicant's records to show his DOB as 23 March 1947.
ARMY | BCMR | CY2009 | 20090019521
The following documents are available from the previous case of the applicant requesting the FSM be awarded of the Purple Heart: an 18 June 2007 personal letter to the Board; a National Personnel Records Center letter, dated 3 June 2007; and an extract from the FSM's unit's morning report for the period ending 24 May 1954. The FSM's military records are not available to the Board for review. In regard to the Combat Infantryman Badge, the majority of the Board believed that the 16 November...
ARMY | BCMR | CY2009 | 20090019522
The applicant requests that his 1981 discharge under other than honorable conditions be upgraded. 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. On 18 February 1981 the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 14-33, as a result of frequent...
ARMY | BCMR | CY2009 | 20090019523
Application for correction of military records (with supporting documents provided, if any). _______ _ __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) AR20090019523 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090019523 2 ARMY BOARD FOR CORRECTION OF MILITARY...
ARMY | BCMR | CY2009 | 20090019524
The applicant, the son of a deceased former service member (FSM), requests, in effect, correction of his father's DD Form 214 (Report of Transfer of Discharge) for the period ending 31 October 1961 to show the Army Good Conduct Medal, Army of Occupation Medal with Germany Clasp, European-African-Middle-Eastern Campaign Medal with three bronze service stars, Korean Service Medal with three bronze service stars, Republic of Korea War Service Medal, Armed Forces Reserve Medal with one silver...
ARMY | BCMR | CY2009 | 20090019525
The applicant provides: * a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 5 December 1966 through 20 July 1990 * a copy of General Orders Number 4877, Headquarters, 1st Cavalry Division (Airmobile), dated 2 April 1970 * a copy of General Orders Number 4858, Headquarters, 1st Cavalry Division (Airmobile), dated 2 April 1970, awarding him the Purple Heart for wounds received in connection with military operations against a hostile force on 26...
ARMY | BCMR | CY2009 | 20090019528
The applicant requests correction of block 26 (Separation Code) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 13 March 1992 from "JCC" to "MCB." The applicant requests his SPD be changed from "JCC" to "MCB" because there is an offset of VA benefits for the SSB. Notwithstanding the applicant's request to change his SPD to "MCB," evidence of record clearly shows he voluntarily requested discharge under the SSB program.
ARMY | BCMR | CY2009 | 20090019530
The applicant requests, in effect, correction of his record to show: a. on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) effective 28 August 1966, the Expert Marksmanship Qualification Badge with Rifle Bar; b. on his DD Form 214 effective 8 August 1969: * the Expert Marksmanship Qualification Badge with Rifle and Pistol Bars * the Safe Driver Badge for 8000 miles, not 800 miles * 3 years, 3 months, and 17 days of foreign service * two overseas service...
ARMY | BCMR | CY2009 | 20090019533
Item 41 (Awards and Decorations) on his DA Form 20 (Enlisted Qualification Record) does not list any awards of the Bronze Star Medal. Therefore, there is insufficient evidence to correct his records to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Bronze Star Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on his already-awarded...
ARMY | BCMR | CY2009 | 20090019539
The applicant states that the date on her DD Form 214 should be corrected to show she entered AD on 17 August 1977 since she was attending the Uniformed Services University of Health Sciences (USUHS) as a second lieutenant (2LT) at that time. 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. Based on the foregoing, there is insufficient evidence and the...
ARMY | BCMR | CY2009 | 20090019540
Army Regulation 635-5 (Personnel Separations: Separation Documents), in effect at the time, states the following will be listed in item 14 of the DD Form 214: in-service training courses; title, number of weeks, and year successfully completed during the period of service. The applicant's request for correction of his DD Form 214 to show he completed the PLDC and other applicable courses is supported by the evidence. As a result, the Board recommends that all Department of the Army records...
ARMY | BCMR | CY2009 | 20090019548
Application for correction of military records (with supporting documents provided, if any). Combining his letters of appreciation with lack of disqualifying entries, it is appropriate to award the applicant the Army Good Conduct Medal for his period of service from 5 January 1973 through 15 December 1975. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Army Good Conduct Medal for the...
ARMY | BCMR | CY2009 | 20090019549
The applicant requests upgrade of his undesirable discharge to honorable. On 23 June 1967, the applicant requested to be separated from the Army based on his religious beliefs. Subsequent to receiving this legal counsel, the applicant voluntarily requested discharge for the good of the service, in lieu of trial by court-martial, 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.
ARMY | BCMR | CY2009 | 20090019551
The applicant was discharged from active duty in pay grade E-4 on 24 June 1986, under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance with a general discharge. The applicant's contentions were considered and the available evidence shows the applicant was discharged on 24 June 1986 under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance due to a positive urinalysis. There is no evidence of record and the applicant has...
ARMY | BCMR | CY2009 | 20090019555
The applicant's military personnel records show she enlisted in the USAR on 8 May 1984 for a period of 6 years. Item 2 (SSN) of her DD Form 4 (Enlistment/ Reenlistment Document - Armed Forces of the United States) shows her SSN as xxx-xx-6605. The applicant's enlistment document, orders for IADT and ADT, DARP Form 249, DD Form 214, and additional records throughout her military personnel record identify her with the SSN xxx-xx-6605.
ARMY | BCMR | CY2009 | 20090019560
Army Regulation 600-8-22 states the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. The FSMs service record does not show he was recommended for or awarded the Army Achievement Medal. However, the FSMs service record does not contain any orders or other evidence which shows he was recommended for or awarded the Army...
ARMY | BCMR | CY2009 | 20090019561
The applicant provides an undated letter, subject: Correction of Military Records, Positive Urinalysis Tests During the Period April 27, 1982, through October 31, 1983, in support of his application. On 11 August 1983, the applicant was recommended for discharge under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 9, for drug-abuse rehabilitation failure. The regulation, in effect at the time, states the reason for discharge based on separation code JPC is "drug...
ARMY | BCMR | CY2009 | 20090019570
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 29 January 1991 to show award of the Army Achievement Medal (AAM) and the Armed Forces Reserve Medal (AFRM). The AFRM is awarded for honorable and satisfactory service as a member of one or more of the Reserve Component of the Armed Forces of the United States for a period of 10 years. The evidence of record shows the applicant served in the USAR for at least 10...
ARMY | BCMR | CY2009 | 20090019574
Application for correction of military records (with supporting documents provided, if any). He requested counsel and a hearing by a board of officers. Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2009 | 20090019578
The applicant's DD Form 214, issued on 29 July 1966, item 26, shows: * Army Good Conduct Medal 3rd Award * National Defense Service Medal 6. DISCUSSION AND CONCLUSIONS: Based on the absence of evidence to include the absence of permanent orders announcing award of the Bronze Star Medal and the Drill Sergeant Identification Badge, there is insufficient evidence upon which to grant the applicant's request to correct his record to show these two awards. His records do not show he served as a...
ARMY | BCMR | CY2009 | 20090019582
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests an upgrade of his under other than honorable conditions discharge to a general discharge. There is no indication in his records he applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitation.
ARMY | BCMR | CY2009 | 20090019587
The applicant requests his middle name be corrected in item 1 (Last Name, First Name, Middle Name) on his DD Form 214 (Report of Separation from Active Duty) and item 18f (Foreign and/or Sea Service This Period) be corrected to show he served 1 year and 1 month of foreign service. The applicant's DD Form 398 (Statement of Personal History), dated 18 July 1972, shows the middle name Garret. The applicant's service personnel records show the middle name Garrett and Garret.
ARMY | BCMR | CY2009 | 20090019588
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. Accordingly, the applicant was discharged with a general discharge on 30 March 1990 under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance. The applicant's record of service included two nonjudicial...
ARMY | BCMR | CY2009 | 20090019605
The applicant's DD Form 214 shows he was discharged on 23 May 2007 under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct (drug abuse) with a general, under honorable conditions discharge. Army Regulation 635-200 states, in pertinent part, 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 applicant has failed to show through the evidence submitted with his...
ARMY | BCMR | CY2009 | 20090019616
On 5 December 1996, the applicant's commander recommended her for discharge under the provisions of chapter 9 of Army Regulation 635-200. Army Regulation 635-5-1 (Separation Program Designator Codes), then in effect, prescribed the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD's to be used for these stated reasons. Pertinent Army regulations stated that prior to discharge or release...
ARMY | BCMR | CY2009 | 20090019621
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 31 May 1981 to show all periods of his foreign service. His previous DD Form 214 (Report of Separation from Active Duty) for the period ending on 4 May 1977 listed 2 years, 10 months, and 11 days of foreign service. Item 22c of the DD Form 214 for the period 11 April 1967 to 29 July 1971 does not show completion of any foreign service.
ARMY | BCMR | CY2009 | 20090019627
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the medals and ribbons he earned during his service in the Republic of Vietnam (RVN), to include the Vietnam Service Medal (VSM) and the Army Commendation Medal (ARCOM). Evidence of record shows that the applicant was awarded the RVN Campaign Medal with Device "1960," which is not shown on his DD Form 214. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2009 | 20090019630
IN THE CASE OF: BOARD DATE: 27 July 2010 DOCKET NUMBER: AR20090019630 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The evidence of record fails to show the GOMOR issuing authority obtained the necessary approval prior to issuing the GOMOR in question and as a result, he improperly used the results of the IG investigation as a basis for this adverse action. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. removing...