ARMY | BCMR | CY2009 | 20090021866
ARMY | BCMR | CY2009 | 20090021867
The applicant requests upgrade of his under other than honorable conditions discharge to a general discharge. On 30 August 1977, the separation authority approved the applicant's voluntary request for discharge and directed that he be furnished an under other than honorable conditions discharge. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.
ARMY | BCMR | CY2009 | 20090021874
IN THE CASE OF: BOARD DATE: 22 June 2010 DOCKET NUMBER: AR20090021874 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Pertinent Army regulations provide 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. While the applicant still has the right to apply for a waiver of his RE code to enlist at any recruiting office after 2 years have elapsed, there is no basis for this Board to change his RE...
ARMY | BCMR | CY2009 | 20090021876
ARMY | BCMR | CY2009 | 20090021878
ARMY | BCMR | CY2009 | 20090021880
The applicant states he received a disability discharge and was assigned a separation program designator (SPD) code of JFL and reentry eligibility (RE) code of 3 based on the authority and reason for his discharge. The DD Form 214 issued to the applicant upon his discharge on 19 December 2007 confirms he was separated under the provisions of paragraph 4-24h(3), Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) in item 25 (Separation Authority). Item 26...
ARMY | BCMR | CY2009 | 20090021882
The opinion states, after a review of the applicant's enlistment records, his request for relief should be granted. The available evidence shows the applicant enlisted in the USAR for a period of 8 years. It now appears that the applicant's original agreement is in error and should be corrected to show he enlisted with a 6x2 option.
ARMY | BCMR | CY2009 | 20090021884
Army Regulation 600-8-22 (Military Awards) 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. Therefore, it appears he met the eligibility criteria for the first award of the Good Conduct Medal based on completion of a period of qualifying service of three years from 5 January 1995 through 4 January 1998. __________X____________ CHAIRPERSON I certify...
ARMY | BCMR | CY2009 | 20090021885
The applicant requests his grade as shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 21 September 2004, his orders to the Temporary Disability Retired List (TDRL), and his permanent retirement orders be changed to sergeant first class (SFC)/pay grade E-7 instead of staff sergeant (SSG)/pay grade E-6. U.S. Army Physical Evaluation Board Orders D286-34, dated 13 October 2009, removed the applicant from the TDRL on 21 September 2009 and...
ARMY | BCMR | CY2009 | 20090021888
She adds she was assigned to work for a lieutenant who was a racist. 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 applicant contends that her bad conduct discharge should be upgraded because she was entrapped, which led to the charges for her trial by court-martial.
ARMY | BCMR | CY2009 | 20090021889
The applicant requests the Bronze Star Medal, the Army Commendation Medal, and the Army Achievement Medal be added to her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 16 April 2004. There are no recommendations, certificates, or orders in the applicant's official military personnel file (OMPF) for awards of the Bronze Star Medal, the Army Commendation Medal, or the Army Achievement Medal. Therefore, there is insufficient evidence to support...
ARMY | BCMR | CY2009 | 20090021892
The applicant's DD Form 214 shows the applicant was discharged under the provisions of chapter 10, Army Regulation 635-200, for the good of the service with an under other than honorable discharge on 11 May 1978. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. The DD Form 3822-R confirms the applicant was suffering from no disabling mental condition that warranted his separation processing through medical channels.
ARMY | BCMR | CY2009 | 20090021895
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 13 January 1972 to show a 4th award of the Air Medal and the Army Good Conduct Medal. Evidence of record shows that the applicant was awarded four awards of the Air 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 Army Good Conduct Medal (1st Award)...
ARMY | BCMR | CY2009 | 20090021899
IN THE CASE OF: BOARD DATE: 30 September 2010 DOCKET NUMBER: AR20090021899 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant retired on 1 May 1998. He was not married at the time and he elected SBP coverage for child-only coverage.
ARMY | BCMR | CY2009 | 20090021904
Application for correction of military records (with supporting documents provided, if any). There is no evidence of record which shows the applicant was ordered to active duty on any dates other than 5 May 1965 and 13 May 1968. He was subsequently ordered to active duty for a period of 2 years on 13 May 1968 and served for a little over 16 months, which is properly reflected on his DD Form 214 for the period ending 26 September 1969.
ARMY | BCMR | CY2009 | 20090021912
His military record shows he enlisted in the Regular Army in pay grade E-1 on 4 March 1980 for 3 years. He was sentenced to a reduction to pay grade E-1, confinement at hard labor for 2 months, and to be discharged from the Army with a bad conduct discharge. He provided no evidence to show that his discharge was unjust at the time of his offenses.
ARMY | BCMR | CY2009 | 20090021914
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant acknowledged that if his request for discharge is accepted, he may be discharged under conditions other than honorable. The evidence of record shows that the applicant was charged with being AWOL from on or about 9 September 1987 to on or about 26 October 1987.
ARMY | BCMR | CY2009 | 20090021916
The letter provided by the applicantÂ’s former commander (who was a captain at the time) and is now a retired colonel indicates the applicant should have been promoted during his hospitalization and rehabilitation period; however, the promotion never occurred and the recommendation is that he be promoted at this time. 5 months time in service could be waived by the commander. Therefore, in the absence of evidence to show the hospital commander intended to promote the applicant to the pay...
ARMY | BCMR | CY2009 | 20090021917
The applicant contends his father should be awarded the Purple Heart for an injury he received during combat operations. 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. _______ _ 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 | 20090021919
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant states he enlisted for 2 years, but he was discharged with less than 6 months to go on his enlistment contract. There is no evidence the applicant applied for a discharge upgrade to the Army Discharge Review Board within its 15-year statute of limitations.
ARMY | BCMR | CY2009 | 20090021920
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all of her awards to include the Australian Parachutist Wings, three awards of the National Defense Service Medal, Korea Defense Service Medal, United Nations Mission in Haiti Medal, Republic of Korea War Service Medal, and the Cold War Certificate. The applicant provides, in support of her application, copies of her DD Form 214, ending on 1 July 2003; Jumps-Army Leave and...
ARMY | BCMR | CY2009 | 20090021924
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 12 January 1954 to show award of the Purple Heart, the Combat Infantryman Badge, and the Army of Occupation Medal with Germany Clasp. This pamphlet shows that at the time of the applicant's assignment to the 32nd Infantry Regiment, 7th Infantry Division, it was awarded the Republic of Korea Presidential Unit Citation for the period 30 September 1950...
ARMY | BCMR | CY2009 | 20090021925
ARMY | BCMR | CY2009 | 20090021926
On 13 September 1986, the separation authority approved the applicant's discharge under the provisions of chapter 14 of Army Regulation 635-200 by reason of misconduct and directed he be furnished a General Discharge Certificate. His record of service shows he was a noncommissioned officer when he tested positive for marijuana. His discharge was appropriate because the quality of his service was not consistent with the Army standards of acceptable personal conduct and performance of duty...
ARMY | BCMR | CY2009 | 20090021927
ARMY | BCMR | CY2009 | 20090021929
His DD Form 214 shows he was discharged under the provisions of Army Regulation 635-120, chapter 4, by reason of substandard performance of duty with an honorable character of service. The "BHK" SPD code is the correct code for officers separating under the provisions of Army Regulation 635-120, chapter 4, by reason of resignation - in lieu of elimination proceedings due to substandard performance. The evidence of record confirms the applicantÂ’s SPD code was assigned based on his...
ARMY | BCMR | CY2009 | 20090021930
The applicant states he was stationed in Vietnam, but his DD Form 214 does not show his foreign service. The applicant's records show he was inducted into the Army of the United States on 6 January 1967 and he was honorably discharged on 12 January 1967 for the purpose of immediate enlistment in the Regular Army. There is no indication in his service records that he served in Vietnam.
ARMY | BCMR | CY2009 | 20090021934
Application for correction of military records (with supporting documents provided, if any). Based on his record of indiscipline, the applicant's service does not meet the standards of acceptable conduct and performance of duty for Army personnel. _______ _ _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 | 20090021938
He further acknowledged that if he received a discharge certificate/character of service which was less than honorable, he may make an application to the Army Discharge Review Board (ADRB) or the ABCMR for an upgrade of his discharge. The applicant's DD Form 214 shows that he was discharged on 1 July 1992 under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct with a characterization of service of under other than honorable conditions. Additionally, paragraph 14-3...
ARMY | BCMR | CY2009 | 20090021941
ARMY | BCMR | CY2009 | 20090021944
There is no indication he petitioned 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. ____________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 | 20090021946
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 2 May 1991 through 31 October 1996 (hereafter referred to as his last DD Form 214) to show the: * National Defense Service Medal (2d award) * Armed Forces Reserve Medal with silver hourglass and "M" Device * Expert Marksmanship Qualification Badge with M-16 Rifle Bar (10...
ARMY | BCMR | CY2009 | 20090021947
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by awarding him the Purple Heart, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and any other authorized unit awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the...
ARMY | BCMR | CY2009 | 20090021949
His evidence shows when he retired from the military, personnel at the Corps Adjutant General's (AG) office, Fort Bragg, NC knew his address in Fayetteville, NC and the letter dated "2 May 1986" from DAPC-MSP-E, United States Army Military Personnel Center should have been forwarded to his address; c. It is his firm belief that the letter of reprimand (LOR) dated 1 October 1983, which was improperly filed in his Official Military Personnel File (OMPF) because the filing had not been directed...
ARMY | BCMR | CY2009 | 20090021952
ARMY | BCMR | CY2009 | 20090021953
At the time of her separation, the family was residing in Upper Marlboro, MD and the applicant was serving in Iraq. His spouse separated in February 2006 and had 180 days in which to request transportation of HHG's; her entitlement to ship HHG's expired on 1 August 2006 and no extension was ever requested. The applicant and his wife were both serving on active duty as Army officers.
ARMY | BCMR | CY2009 | 20090021954
ARMY | BCMR | CY2009 | 20090021955
ARMY | BCMR | CY2009 | 20090021957
The applicant requests reconsideration of his earlier petition for the following corrections to his record: * voiding of his 25 February 2008 enlistment contract * voiding of his 10 September 2007 discharge from the U.S. Army Reserve (USAR) * promotion to captain (CPT), effective 8 February 2007 * that he be credited with qualifying service for retirement from 11 September 2007 through the present in order for his record to show no break in service 2. Paragraph 3-22 (Correction of military...
ARMY | BCMR | CY2009 | 20090021962
The FSM's records contain a DD Form 1300, dated 5 November 2008. There is no evidence of record and the applicant has provided no evidence which shows the FSM was murdered on active duty. ___________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 | 20090021964
ARMY | BCMR | CY2009 | 20090021966
The applicant's DA Form 20 (Enlisted Qualification Record) that was created upon the applicant's entrance into the Army shows his Service Number; it does not show his SSN. The evidence of records shows that the applicant used his Service Number throughout his military service. Although he completed a DA Form 41 and listed his SSN as "xxx-xx-9xxx," he also completed an Army Reserve Personnel Data Review shortly after his active duty separation and he listed his SSN as "xxx-xx-4xxx."
ARMY | BCMR | CY2009 | 20090021972
ARMY | BCMR | CY2009 | 20090021973
The applicant requests his last extension in the U.S. Army Reserve (USAR), dated 11 January 2009 be cancelled and removed from his records. His career counselor submitted a sworn statement, dated 24 November 2009, wherein he states that the applicant's intent had been to reenlist for a period of 3 years and that he extended him for 4 months under Rule J because his unit required him to extend. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2009 | 20090021975
ARMY | BCMR | CY2009 | 20090021976
The evidence of record shows he was awarded the Vietnam Service Medal. The evidence of record shows he served in Vietnam from 21 November 1968 to 12 June 1969. Therefore, he is entitled to correction of his DD Form 214 to show his correct dates of service in Vietnam as 21 November 1969 to 12 June 1969.
ARMY | BCMR | CY2009 | 20090021977
The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty. Evidence of record shows the applicant enlisted in the Regular Army on 10 January 1967, which is properly reflected on his DD Form 214 for the period ending 19 November 1967. Since the applicant was discharged from the USAR on 1 January 1973, almost 1 year after his release from active duty, there is no basis for amending item 11d of...
ARMY | BCMR | CY2009 | 20090021979
In his request for discharge the applicant indicated he understood that by requesting discharge, he was admitting guilt to the charge against him or of a lesser included offense that also authorized the imposition of a discharge under other than honorable conditions. The evidence clearly shows evidence from both the New Orleans Police Department and the ATF was taken into consideration in the applicant's case. _____________x____________ CHAIRPERSON I certify that herein is recorded the...
ARMY | BCMR | CY2009 | 20090021982
He was rated 20 percent disabled due to his left shoulder according to a Medical Examination for Disability Evaluation dated 5 May 1993; however, the applicant stated the left shoulder had been rated at 10 percent. The VA Schedule for Rating Disabilities (VASRD) is the standard under which percentage rating decisions are to be made for disabled military personnel. The award of a VA rating or an increase of a VA rating does not establish entitlement to a higher Army disability rating,...
ARMY | BCMR | CY2009 | 20090021983
The applicant requests, in effect, the DD Form 261 (Report of Investigation-Line of Duty and Misconduct Status), dated 5 January 2009, pertaining to her deceased husband, a former service member (FSM), be corrected to show his death was in "Line of Duty." As she looks back on the situation and as she reviews his medical records, she does not believe his death resulted from willful misconduct on his part. The evidence of records shows the FSM was involved in a vehicle accident that resulted...