ARMY | BCMR | CY2009 | 20090021631
The applicant, the former spouse of a deceased former service member (FSM), requests to be the beneficiary of the FSM's Survivor Benefit Plan (SBP) and payment of the SBP annuity. 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 evidence of record shows that at the time of his...
ARMY | BCMR | CY2009 | 20090021632
On 10 September 2006, the applicant received a GOMOR from the Commanding General (CG), 88th RRC, MG P------- (now retired) for his actions of March and May 2006, during which times he was in clear violation of probation established by the State of Minnesota following his criminal conviction for harassment/stalking in December 2005. The GOMOR also states: a. On 9 October 2008, the DASEB determined that the evidence presented did not provide substantial evidence that the GOMOR had served its...
ARMY | BCMR | CY2009 | 20090021634
The applicant requests, in effect, that the records of her former spouse, a deceased former service member (FSM), be corrected to show he enrolled in the Reserve Component Survivor Benefit Plan (RCSBP) for former spouse beneficiary coverage based on full retired pay with an immediate annuity within the time limit prescribed by law. The applicant provides: * Correspondence with her elected representatives * National Guard Bureau (NGB) 23B (Army National Guard Retirement Points History...
ARMY | BCMR | CY2009 | 20090021637
The applicant provides: * A memorandum from the West Virginia Army National Guard (WVARNG) Adjutant General (AG), dated 23 November 2009 * A Memorandum for Record (MFR) from a WVARNG colonel, dated 6 October 2009 * An MFR from a WVARNG captain, dated 3 September 2009 * A Weekly Incident Summary, dated 15 July through 21 July 2004 * A Memorandum from the Acting Chief, Military Awards Branch for the Commander, WVARNG, dated 1 August 2009 * A memorandum from the WVARNG State Surgeon to the...
ARMY | BCMR | CY2009 | 20090021642
The applicant requests correction of his records to show he was discharged from the Mississippi Army National Guard (MSARNG) in the rank/grade of sergeant (SGT)/E-5 instead of specialist four (SP4)/E-4 and correction of his qualifying years for non-regular retirement to include all of his U.S. Army Reserve (USAR) and ARNG service. On 18 January 1989, Headquarters, 223rd Engineer Battalion, published Orders 1-4 reducing the applicant from SGT/E-5 to SP4/E-4 for inefficiency, effective 9...
ARMY | BCMR | CY2009 | 20090021646
IN THE CASE OF: BOARD DATE: 8 June 2010 DOCKET NUMBER: AR20090021646 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. However, his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that on 12 March 2007 he was honorably discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), paragraph 5-13, by reason of a personality disorder. Army Regulation 635-5-1 (Separation Program Designator (SPD)...
ARMY | BCMR | CY2009 | 20090021651
The applicant requests, in effect, the following: * upgrade of his under other than honorable conditions discharge to honorable * correction of item 7a (Race) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show "Black" * correction of item 7e (Height) of his DD Form 214 to show 73 inches * correction of item 33 (Permanent Address for Mailing Purposes After Transfer of Discharge) of his DD Form 214 to show Blackshear, Georgia 2. There is no evidence...
ARMY | BCMR | CY2009 | 20090021652
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. In November 2008, the applicant's request to the Army Discharge Review Board for an upgrade of his discharge was denied. However, the severity of the misconduct, the involvement of Soldier's junior to him, and the fact he would have voluntarily requested discharge in order to avoid being court-martialed, all support a conclusion his discharge was appropriate and warranted.
ARMY | BCMR | CY2009 | 20090021654
The applicant requests upgrade of his undesirable discharge to a general discharge. The DD Form 214 (Report of Separation from Active Duty) issued to the applicant at the time shows he was discharged under the provisions of Army Regulation 635-200, chapter 10, with an Undesirable Discharge Certificate. 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...
ARMY | BCMR | CY2009 | 20090021671
he could be separated from military service. It states that a Soldier may be separated for personality disorders, 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. Army Regulation 635-40 governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of a physical disability.
ARMY | BCMR | CY2009 | 20090021673
The applicant requests that his records be corrected to show he was selected for promotion to captain by the Fiscal Year 2008 (FY08) captain promotion board. The advisory official continues that while the applicant was selected for promotion by the FY10 captain selection board, that promotion is on hold because the applicant is currently flagged. While the applicant's promotion file for both the FY08 and FY09 promotion boards was missing an OER, the applicant has not explained why he did...
ARMY | BCMR | CY2009 | 20090021681
The applicant states the following: a. his UD is inequitable because it is based on a civil conviction that was pending prior to his commitment to enlist in the U.S. Army and because of his youth at the time, b. he is requesting his UD be upgraded to a GD because his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) includes the entry "Benefits of Honorable Discharge," and c. he went to the Department of Veterans Affairs hospital thinking he would receive...
ARMY | BCMR | CY2009 | 20090021682
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart. 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. awarding him the Purple Heart for wounds received on 12 October 1967, awarding him the Combat Infantryman Badge, and awarding him the AGCM for the period 3 March...
ARMY | BCMR | CY2009 | 20090021686
The applicant requests upgrade of his bad conduct discharge to an honorable or general discharge. 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. The applicant's request to have his bad conduct discharge upgraded to an honorable or a general discharge because his punishment was too harsh was carefully considered; however, there is insufficient evidence to grant relief.
ARMY | BCMR | CY2009 | 20090021688
The applicant requests an upgrade of his under other than honorable conditions (UOTHC) discharge to a general discharge. Accordingly, on 10 March 1981 the applicant was discharged UOTHC under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 14, for misconduct for frequent incidents of discreditable nature with civil and military authorities/established pattern showing dishonorable failure to pay just debts. Such misconduct certainly warranted a UOTHC discharge.
ARMY | BCMR | CY2009 | 20090021689
The applicant requests an upgrade of his undesirable discharge. On 2 July 1971, the separation authority approved the applicant's request and directed that he 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 undesirable discharge. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the...
ARMY | BCMR | CY2009 | 20090021690
Application for correction of military records (with supporting documents provided, if any). Therefore, there is insufficient evidence in which to change item 10a of the applicant's DD Form 214. The applicant served a period of honorable active service during a qualifying period for award of the National Defense Service Medal.
ARMY | BCMR | CY2009 | 20090021691
The applicant's service record is void of documents or orders indicating he was recommended for or awarded the Air Medal, Combat Infantryman Badge, or the Parachutist Badge. Army Regulation 600-8-22 states that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. The evidence clearly shows that the applicant was awarded an infantryman MOS.
ARMY | BCMR | CY2009 | 20090021692
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. At the time the discharge was referred to as an undesirable discharge. While the applicant did serve in combat and received the Purple Heart, this service does not outweigh his 11 NJP's (including sleeping on guard duty in a combat zone), two special courts-martial, and 365 days of lost time, a pattern of misconduct that covered his entire period of service.
ARMY | BCMR | CY2009 | 20090021694
There is no evidence in the available records and the applicant did not provide any evidence which shows he was ever wounded or treated for wounds sustained as the result of hostile action. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action. In the absence of evidence that the applicant was wounded or injured as a result of hostile action and treated for such wounds, there is insufficient evidence upon...
ARMY | BCMR | CY2009 | 20090021700
The applicant requests upgrade of his undesirable discharge to a general discharge. Counsel states: * The applicant's unit was involved in numerous combat activities in the RVN * He was wounded twice while serving as a gunner and his actions and the action of his unit earned them the Presidential Unit Citation * His troubles began in 1969 when he had conflicts with the new battery commander who was not an experienced combat officer on combat tactics and employment of weapons systems * The...
ARMY | BCMR | CY2009 | 20090021706
The applicant requests his military records be corrected to show his rank as sergeant (SGT)/E-5. The applicant's DD Form 214 shows his rank/pay grade SP4/E-4 with his date of rank listed as 10 October 1968. Unit Orders dated 16 February 1970, set aside the applicant's reduction to pay grade E-3 and restored his rank to pay grade E-4 with an effective date of rank of 10 October 1968.
ARMY | BCMR | CY2009 | 20090021707
BOARD DATE: 10 June 2010 DOCKET NUMBER: AR20090021707 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. In accordance with Title 10, United States Code, section 1552, the authority under which this Board acts, the Army Board for Correction of Military Records (ABCMR) is not empowered to set aside a conviction. 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 | 20090021716
The applicant states, in effect, that: a. the Army Board for Correction of Military Records (ABCMR) acted to correct his major (MAJ/O-4) date of rank (DOR) to 15 January 1983; however it did not take effect until 13 March 1992, the date he retired; b. an error occurred when the correction of his MAJ DOR was delayed; c. now that he entered the retired list, he believes there is a basis to legally assert that he should have been promoted to LTC on 15 January 1990; and d. he is not seeking any...
ARMY | BCMR | CY2009 | 20090021723
The applicant's Official Military Personnel File (OMPF) does not contain a DD Form 214 documenting her period of RA service from 1 October 1976 through 30 March 1980. Based on the evidence of record in the applicant's OMPF and applicable regulations, the applicant's DD Form 214 was correctly prepared upon her separation from active duty on 9 June 1981. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing a DD Form 215...
ARMY | BCMR | CY2009 | 20090021726
The applicant states, in effect, that he was initially placed on the Temporary Disability Retired List (TDRL) with a 30% disability rating based on the rating of the Physical Evaluation Board (PEB). The advisory officials recommended correction of his records to show he was retired by reason of physical disability with a 30% disability rating, effective 17 March 1992. Accordingly, it would be in the interest of justice to grant the applicants request by correcting his records to show that...
ARMY | BCMR | CY2009 | 20090021727
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 16 February 1975, the separation authority approved the applicant's request for discharge for the good of the service in accordance with chapter 10 of Army Regulation 635-200 and directed he receive an Undesirable Discharge Certificate and be reduced to the lowest enlisted grade. Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a...
ARMY | BCMR | CY2009 | 20090021729
There is no evidence to show the applicant's unit was awarded a unit award during the period of deployment. The applicant's contention that unit awards should be added to his records has also been noted; however, the applicant has failed to show through the evidence submitted with his application and the evidence of record that his unit received any unit awards while he served with the unit in Iraq. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2009 | 20090021730
The psychiatrist recommended the applicant's separation under the provisions of Army Regulation 635-212 for unsuitability. Given the circumstances in this case, the applicant's discharge was inequitable for the following reasons: * he served 4 years, 1 month, and 4 days of creditable service * he served in Vietnam for 1 year, 8 months, and 27 days * he was twice wounded and twice cited for meritorious service * he was promoted to SSG/E-6 in three short years * from 30 November 1966 to 7 May...
ARMY | BCMR | CY2009 | 20090021731
Army Regulation 635-200 (Enlisted Separations) sets forth the basic policy for the separation of enlisted personnel. By regulation, RE 3 is the proper code assigned to members who were separated under the provisions of Army Regulation 635-200, by reason of an entry level status with an SPD code of JGA. Although the applicant submitted evidence showing she gave birth 7 years after her release from active duty, there is no evidence of record nor did the applicant submit any evidence showing...
ARMY | BCMR | CY2009 | 20090021733
The applicants military records are not available for review. The applicant's DD Form 214 shows he was wounded as a result of action with enemy forces in Korea on 19 February 1953. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 27 of his DD Form 214 the Purple Heart and the Republic of Korea War Service Medal.
ARMY | BCMR | CY2009 | 20090021734
The applicant requests correction of his military records to show that he declined to participate in the Survivor Benefit Plan (SBP) and that he receive a refund of all premiums paid. The applicant provides, in support of his application, copies of signed statements from him and his wife declining SBP, retirement orders, a DD Form 2656 (Data for Payment of Retired Personnel), and DFAS-CL 7220 (Retiree Account Statement) effective 5 May 2010. He will have a 1-year period beginning on 1...
ARMY | BCMR | CY2009 | 20090021735
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a reentry eligibility (RE) code which would allow him to reenter the military. A DA Form 4856 (Developmental Counseling Form), dated 31 July 2008, stated separation action was being initiated under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Separations), paragraph 14-12c, and that the applicant was being referred for enrollment in the Army...
ARMY | BCMR | CY2009 | 20090021737
The applicant requests correction of the entry NA in item 27 (Reentry Code) of his DD Form 214 (Certificate of Release or Discharge from Active Duty). The applicant was released from active duty on 8 November 2008 under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 4, by reason of completion of required active service. The regulation states that Army Regulation 601-210 determines Regular Army and USAR reentry...
ARMY | BCMR | CY2009 | 20090021738
Vicenza Transition Center Orders 102-004, dated 12 April 2006, show the applicant was discharged with entitlement to disability severance pay in the rank of specialist based on 2 years, 11 months, and 6 days of service. The PEB shows the applicant was discharged based on a finding of PTSD. 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.
ARMY | BCMR | CY2009 | 20090021739
IN THE CASE OF: BOARD DATE: 15 July 2010 DOCKET NUMBER: AR20090021739 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. There are many rules regarding ARNG promotions: * The State Adjutant General (AG) is the convening and promotion authority for all promotion boards to sergeant (SGT)/E-5 through sergeant major (SGM)/E-9 * Selection criteria include time-in-grade, time-in-service, high school diploma/equivalency, military occupational specialty (MOS) qualified, noncommissioned officer...
ARMY | BCMR | CY2009 | 20090021741
BOARD DATE: 15 July 2010 DOCKET NUMBER: AR20090021741 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, advancement on the retired list to pay grade E-7 or pay grade E-8. (3) The permanent Regular Army or Reserve grade to which he would have been promoted had it not been for the physical disability for which he is retired and which was found to exist as a result of a physical examination.
ARMY | BCMR | CY2009 | 20090021743
On 4 December 2008, the separation authority approved the recommendation for separation and directed the issuance of a discharge under other than honorable conditions. Accordingly, the applicant was discharged on 10 December 2008 with a discharge under other than honorable conditions under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct (commission of a serious offense). Army Regulation 635-200 sets forth the basic authority for the separation of enlisted...
ARMY | BCMR | CY2009 | 20090021744
On 19 September 2008, the applicant was accordingly discharged. The SPD code KFS is the correct code for Soldiers separating under the provisions of chapter 10 of Army Regulation 635-200. The evidence of record further confirms his RE code was assigned based on the fact that he was separated under the provisions of chapter 10 of Army Regulation 635-200 in lieu of trial by court-martial.
ARMY | BCMR | CY2009 | 20090021747
Particularly in light of the combined 60-percent VA rating for a service-connected disability, it is reasonable to state an MEB and a physical evaluation board (PEB) would have reached an equivalent conclusion in terms of medical retirement based on the nexus between the medical conditions and direct military service. A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within 6 months of the...
ARMY | BCMR | CY2009 | 20090021748
The DD Form 214 issued to the applicant at the time shows he was separated under the provisions of Army Regulation 635-200, chapter 10, with an under other than honorable conditions discharge. There is no evidence in the available record that indicates the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. The fact that the applicant experienced some depression associated with family problems is duly noted and was...
ARMY | BCMR | CY2009 | 20090021750
The applicant provides copies of page 1 of his DA Form 2-1 (Personnel Qualification Record Part II), a DA Form 638 (Recommendation for Award) for the ARCOM and resulting certificate, his Certificate of Wartime Service, two certificates of appreciation, his DD Form 214, and his driver license. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Army Commendation Medal, the Global War on Terrorism Service Medal,...
ARMY | BCMR | CY2009 | 20090021751
The applicant submitted his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and Orders Number 3384, dated 8 March 1970 in support of this application. The evidence of record does not show and the applicant has not provided any corroborating evidence that he was wounded or injured as a result of hostile action, or that he was treated for such wounds. Regrettably, in the absence of evidence of a wound received from hostile action and that wound was treated and...
ARMY | BCMR | CY2009 | 20090021752
The applicant requests, in effect, his general discharge be changed to an honorable or a medical discharge. Chapter 7 (Physical Profiling) of Army Regulation 40-501 (Standards of Medical Fitness) provides that the basic purpose of the physical profile serial system is to provide an index to the overall functional capacity of an individual and is used to assist the unit commander and personnel officer in their determination of what duty assignments the individual is capable of performing and...
ARMY | BCMR | CY2009 | 20090021753
On 5 November 1975, after consulting with counsel, the applicant submitted a request for discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, for the good of the service - in lieu of court-martial. 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. An undesirable discharge certificate would normally be furnished to an...
ARMY | BCMR | CY2009 | 20090021755
The applicant requests that the following corrections be made to his DD Form 214 (Certificate of Release or Discharge from Active Duty): a. upgrade his character of service from general to fully honorable. His DD Form 214 shows he completed 1 year, 8 months, and 6 days of creditable active military service. With respect to the narrative reason for separation, his service records show he was discharged under the provisions of paragraph 14-12c of Army Regulation 635-200 due to his misconduct...
ARMY | BCMR | CY2009 | 20090021760
ARMY | BCMR | CY2009 | 20090021763
At the time of his application, the applicant was serving as an Active Guard Reserve (AGR) in the rank of sergeant first class, pay grade E-7. Army Regulation 27-10 currently provides that records of nonjudicial punishment imposed prior to 1 November 1982 and presently filed in either the performance or restricted section of the OMPF will remain so filed, subject to other applicable regulations. Currently, the regulation provides that records of nonjudicial punishment imposed prior to 1...
ARMY | BCMR | CY2009 | 20090021764
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Headquarters, 99th Regional Readiness Command, Orders 04-328-00059, dated 23 November 2004, directed the applicant be: a. reduced from SGT to PV1 under the provisions of Army Regulation 140-158 (Enlisted Personnel Classification, Promotion, and Reduction), paragraph 7-12a, effective 20 November 2004, and b. discharged under honorable conditions from the USAR under the provisions of Army Regulation 135-178 (Enlisted Administrative...
ARMY | BCMR | CY2009 | 20090021765
The applicant provides a copy of the NCOER in question; discharge Orders 03-262-00005, dated 19 September 2003; and DA Form 1059 (Academic Evaluation Report) in support of this application. Army Regulation 623-205 states that the primary purpose of a commander's inquiry (CI) is to provide a greater degree of command involvement in preventing obvious injustices to the rated Soldier and correcting errors before they become a matter of permanent record. The evidence of record further shows...