ARMY | BCMR | CY2009 | 20090003364
The applicant requests that his under other than honorable (UOTHC) discharge be upgraded to general or honorable. Up to that point he had served his country honorably. The applicant's record of good service is greatly diminished by the two NJP's that he received and the numerous periods of AWOL totaling more than 2 years.
ARMY | BCMR | CY2009 | 20090003368
IN THE CASE OF: BOARD DATE: 18 June 2009 DOCKET NUMBER: AR20090003368 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that item 12f (Foreign Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his service in Iraq. The applicant states, in effect, that item 12f on his DD Form 214 does not show any foreign service and that he served two separate tours in Iraq (11 May 2003 to 15 July 2004 and 14 January 2006 to 28...
ARMY | BCMR | CY2009 | 20090003369
The applicant states, in effect, that he served with the 282nd and the 240th Aviation Companies in the Republic of Vietnam (RVN) from 1966 to 1967 as a chief warrant officer and it is not annotated on his DD Form 214 for the period ending 5 September 1971. The applicant requested that item 22c of his DD Form 214 for the period ending 5 September 1971 be corrected to show he completed 2 years of foreign service. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2009 | 20090003370
On 27 March 1978, the applicant accepted NJP under Article 15, (UCMJ), for failing to go at the time prescribed to his appointed place of duty on 20 March 1978. A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter. The applicant completed basic combat and advanced individual training and there is no evidence that indicates the applicant was any less mature than other Soldiers of the same age who completed their term of...
ARMY | BCMR | CY2009 | 20090003371
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. c. Service members must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria: (1) be engaged in actual combat...
ARMY | BCMR | CY2009 | 20090003373
The applicant requests correction of his military records to show that he is entitled to $9,367.38 in severance pay. However, the evidence of record shows that the applicant was separated from the military 1 year after he reenlisted. The evidence of record shows that on the date the applicant was discharged, he was entitled to separation pay in the amount of $9,367.38.
ARMY | BCMR | CY2009 | 20090003376
There is no evidence to show that he was granted permanent Federal recognition within 6 months of his original oath of office. On 21 August 2008, he was granted Permanent Federal Recognition as a CW2 and again took his oaths of office. In the processing of this case, a staff advisory opinion was obtained from the National Guard Bureau (NGB) which recommends approval of the applicant's request to be granted Federal recognition for the rank of CW2 effective 15 January 2008 because National...
ARMY | BCMR | CY2009 | 20090003377
The applicant requests: a. recalculation of the constructive credit on his DA Form 5074-4R (Record of Award of Entry Grade Credit (Medical and Dental Officers)), dated 13 April 2000 to show additional commissioned officer service for the period 7 November 1992 through 4 March 1994; and b. correction of his date of rank (DOR) to major (MAJ) to reflect the additional service credit. Part II - Prior Active Commissioned Service Credit of the DA Form 5074-4R, shows in Section B - Credit for...
ARMY | BCMR | CY2009 | 20090003378
The FSM's 20-year letter is dated 14 September 1971. Public Law 105-85, enacted 18 November 1997, provided for an SBP annuity to be paid to the qualified surviving spouse of each member of the uniformed services who: (A) died before 21 March 1974 and was entitled to retired pay on the date of death; or (B) was a member of a reserve component during the period beginning 21 September 1972 and ending on 1 October 1978, and at the time of death would have been entitled to retired pay but for...
ARMY | BCMR | CY2009 | 20090003381
The applicant requests reconsideration of his previous request for the correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all of his awards and decorations, to include the Bronze Star Medal with V Device. The applicant requests, in effect, that his last name be correctly spelled on the Bronze Star Medal award certificate. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2009 | 20090003382
The evidence of record confirms the applicant was awarded the BSM for his meritorious service during the period January 1970 to January 1971, as evidenced by the BSM citation and TAGO Form 166 on file in his OMPF. The applicant's record also confirms that he received "excellent" conduct and efficiency ratings at all of his active duty assignments, and his OMPF is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM. ...
ARMY | BCMR | CY2009 | 20090003383
The applicant provides copies of her NGB Form 22 (Report of Separation and Record of Service); DD Forms 2656, dated 7 March 2003 and 7 May 2008; ARPC Form 385-4 (Reserve Component Supplemental Survivor Benefit Plan Election Certificate), dated 7 November 1999; Wisconsin Army National Guard (WIARNG) Form 75-E (Acknowledgment of Receipt of Letter of Notification of Eligibility for Retired Pay at Age 60); DFASCL-1900/10 (Reserve Special Separation Pay Earnings Statement), dated 30 November...
ARMY | BCMR | CY2009 | 20090003385
The applicant requests reconsideration of his earlier request that the social security number (SSN) reflected throughout his official military record be changed. The DD Form 214 that he was furnished at the time of his retirement reflects the same SSN that he used at the time of his enlistment and throughout his Army service. His contention that he was not available at the time of his separation to sign his DD Form 214 does not explain how he enlisted in the RA using an SSN totally...
ARMY | BCMR | CY2009 | 20090003387
It 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. Records show that the applicant participated in one campaign period during his service in the Republic of Vietnam. 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 in action on 28 February 1967; and b. showing...
ARMY | BCMR | CY2009 | 20090003388
Application for correction of military records (with supporting documents provided, if any). The applicant's complete military record is not available to the Board for review. _______ _ ___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 | 20090003391
The applicant requests that the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The evidence of record shows the applicant participated in one campaign during his service in Vietnam; therefore, he is eligible for award of one bronze service star to be affixed to his already-awarded Vietnam Service Medal and to have this service star added to his DD Form 214 at this time. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2009 | 20090003392
The applicant requests that his 1995 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect 182 days of prior active Federal service, that his last duty station be corrected to reflect Walter Reed Army Medical Center (WRAMC) and, in effect, that his VHA (Variable Housing Allowance) entitlement be recomputed based on the WRAMC location. The applicant also states that his last duty station was at WRAMC and not Fort Meade, Maryland as reflected on his DD...
ARMY | BCMR | CY2009 | 20090003393
Application for correction of military records (with supporting documents provided, if any). On 4 August 1998, the Army Discharge Review Board (ADRB), after carefully considering all the issues raised and evidence provided by the applicant and his entire military service record, determined his discharge was proper and equitable and voted to deny an upgrade of the applicant's UOTHC discharge and a change to the narrative reason for his separation. An UOTHC discharge normally is appropriate...
ARMY | BCMR | CY2009 | 20090003397
The applicant requests that his date of rank (DOR) to major be changed to June 2005 instead of July 2005. An AGR officer who is selected for promotion by a mandatory promotion board, but who is not assigned/attached to a position in the higher grade will be promoted on the date of assignment/attachment to a higher graded position or the day after release from AGR status. There is no evidence of record and the applicant provided none which shows he was assigned to, or would have been...
ARMY | BCMR | CY2009 | 20090003398
It does not show the applicant's last period of reenlistment from 2004/11/24 through 2005/12/09. The evidence of record shows that the applicant enlisted for a period of 2 years commencing on 10 January 2002. The evidence of record further shows that the applicant was promoted to sergeant on 1 October 2004 and that she subsequently reenlisted on 24 November 2004 for a period of 4 years.
ARMY | BCMR | CY2009 | 20090003399
The applicant requests that his military records be corrected to show award of the Purple Heart. Item 27 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows award of the Combat Infantryman Badge, Korean Service Medal with two bronze service stars, and the United Nations Service Medal. Regrettably, in the absence of military records which show the applicant was treated for wounds as a result of hostile action, the...
ARMY | BCMR | CY2009 | 20090003404
The applicants military records are not available for review. The available evidence supports that the applicant entered active duty as a draftee and at the time of the issuance of the 1952 DD Form 214 his designated prefix was US. _______ _ 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 | 20090003407
National Guard Regulation 600-100, paragraph 10-15b states that temporary Federal Recognition may be granted by an Federal Recognition Board to those eligible when the board finds that the member has successfully passed the examination prescribed herein, has subscribed to the oath of office, and has been appointed by a State order for assignment to a position vacancy in a federally recognized unit of the ARNG. Therefore, based on applicable law and regulation, the applicant is entitled to...
ARMY | BCMR | CY2009 | 20090003408
The applicant was given the options of signing a Reaffirmation of Allegiance, a Pledge of Public Service, and accept an undesirable discharge; to have his case decided under military law and Army regulations; or return to active duty. However, at the time of the applicant's separation the regulation provided for the issuance of an undesirable discharge. As such, the applicant's administrative discharge was accomplished in accordance with applicable regulations in effect at the time and...
ARMY | BCMR | CY2009 | 20090003411
On 26 June 2008 Office of the Adjutant General, Joint Force Headquarters, NYARNG Orders Number 178-1002 promoted the applicant to Chief Warrant Officer Two (CW2) with an effective date and date of rank of 18 November 2007. On 16 July 2008 the above Orders were amended to show an effective date and date of rank 25 June 2008. When his promotion packet was processed, the applicant was recommended for and promoted to CW2 and initial given the effective date of 18 November 2007.
ARMY | BCMR | CY2009 | 20090003412
There is no entry in item 41 (Awards and Decorations) of the applicant's DA Form 20 showing he was awarded either the Purple Heart or the Combat Infantryman Badge. The evidence shows that the applicant was awarded the Combat Infantryman Badge; however, it was not included on his DD Form 214 when he was released from active duty. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Vietnam Service Medal [the...
ARMY | BCMR | CY2009 | 20090003418
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 $35,000.00 (exclusive of MGIB benefits) were authorized by the official processing you for enlistment and the Government fails to pay the full amount under the appropriate provisions and such failure results in nonpayment of ACF benefits in the amount of $35,000.00 over the amount of the MGIB benefits, the Army may pay said benefits in...
ARMY | BCMR | CY2009 | 20090003420
The evidence of record shows at the time of his enlistment in February 1958 the applicant had completed 1 year of high school. A copy of this decisional document along with his application and enclosures will be filed in the applicant's official military personnel file for reference purposes. 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 | 20090003421
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his Department of Air Force Outstanding Civilian Career Service Award and related documents be placed in his Official Military Personnel File (OMPF). The applicant was placed on the Retired List on 1 May 1999, the documents he has requested to be entered in his OMPF are dated in 2007, and those documents pertain to his status as a Civil Service employee working for the...
ARMY | BCMR | CY2009 | 20090003422
On 19 March 2004, the applicant submitted a request for local filing of the GOMOR. The Army has an interest in maintaining certain records and the applicant has failed to provide evidence to show why the GOMOR should not remain a matter of record. He was furnished a GOMOR for operating a car while under the influence of alcohol and the fact that he later had the incident expunged from his court records is not a basis for removing or transferring the information contained in his OMPF.
ARMY | BCMR | CY2009 | 20090003423
The applicant requests that his transfer to the Retired Reserve due to medical disqualification be corrected to a discharge for physical unfitness. Notwithstanding the USAR Personnel Command's determination that the applicant's medical disqualification was duty related, the preponderance of evidence shows that it was not. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing that he was found medically disqualified...
ARMY | BCMR | CY2009 | 20090003426
There is no indication that the applicant petitioned the Army Discharge Review Board for an upgrade of his discharge within that Boards 15-year statute of limitations. The applicant submitted a self-authored statement and three character witness statements as follows: a. in his statement, dated 10 January 2009, the applicant states that the only problem he had during his military career was one instance of nonjudicial punishment for being late. Army Regulation 635-200, paragraph 3-7b,...
ARMY | BCMR | CY2009 | 20090003428
The applicant requests, in effect, correction to item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 30 May 1991, to show award of the Army Commendation Medal with First Oak Leaf Cluster and the Kuwait Liberation Medal-Government of Kuwait. The evidence shows the applicant was awarded the Army Commendation Medal with First Oak Leaf Cluster for meritorious service from 1...
ARMY | BCMR | CY2009 | 20090003429
Application for correction of military records (with supporting documents provided, if any). Furthermore, there are no orders in the applicant's records that show he was awarded the Combat Infantryman Badge. In the absence of evidence that he actively participated in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.
ARMY | BCMR | CY2009 | 20090003430
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by adding the Army Achievement Medal, Expert Infantryman Badge (EIB), three Certificates of Achievement, and two letters of appreciation. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Army Achievement Medal...
ARMY | BCMR | CY2009 | 20090003432
Counsel provides the following: USMA Oath of Allegiance; Academic Record; Cadet Performance Reports; Leadership Performance Reports; Demerit Review; USMA Forms 2-3 (Record of Formal Proceedings Under Article 10, Cadet Disciplinary Code); Sworn Statement; Memorandum, Subject: Disciplinary Award No. On 2 March 2007, the applicant's counselor recommended dismissal of the preferred charges on the applicant because the test result "was barely positive." Army Regulation 210-26 also states, in...
ARMY | BCMR | CY2009 | 20090003435
The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM. Although there are no orders awarding him the AGCM, after carefully examining the applicants record of service, it was determined that the applicant should have received the AGCM for his service from 16 September 1968 through 22 April 1970. Therefore, since he had...
ARMY | BCMR | CY2009 | 20090003436
The applicant provides copies of his DD Form 214, dated 13 April 1971; General Orders Number 10342, dated 19 October 1970; a Bronze Star Medal certificate, dated 19 October 1970; a Bronze Star Medal certificate, dated 19 April 1971; and a letter from the U.S. Army Reserve Components Personnel and Administration Center, dated 5 December 1972. There are no orders in the applicant's military personnel service records awarding him the Bronze Star Medal with First Oak Leaf Cluster. The second...
ARMY | BCMR | CY2009 | 20090003437
The applicant states that he received fragment wounds to his chest as a result of enemy action on 28 February 1970 in the Republic of Vietnam and was given the Purple Heart; however, there is no record of it on his DD Form 214. The applicants complete medical records are not available for review with this case. The applicants name is not shown on the Vietnam casualty roster; his DA Form 20 does not indicate any combat wounds, his record is void of any orders that show he was awarded the...
ARMY | BCMR | CY2009 | 20090003438
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Achievement Medal. The certificate for award of the Army Achievement Medal, as provided by the applicant, indicates he received this award for meritorious service during the period from 4 April 1984 through 27 October 1985 while serving with the 527th Military Police Company. _______ _ XXX_______ ___ CHAIRPERSON I certify that herein is recorded...
ARMY | BCMR | CY2009 | 20090003439
The applicant states that he believed the information given to him as a youngster concerning his DOB and place of birth to be true. 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. This Board action will be filed in his military records as a record of the DOB and place of birth he is...
ARMY | BCMR | CY2009 | 20090003440
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his correct name, the date he entered active duty (block 12a. There is no evidence in the available records to show that he separated on any date other than 12 June 2006. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing on his DD Form 214 dated 12 June 2006 that he entered active duty this...
ARMY | BCMR | CY2009 | 20090003450
This item also lists six enclosures that were considered in the Article 15 proceedings that included the applicants Enlisted Record Brief (ERB), dated 8 July 2007; DA Form 4856 (Developmental Counseling Form), dated 9 July 2007; seven DA Forms 2823 (Sworn Statements), all dated 9 July 2007; Urinalysis Results (i.e., Laboratory Services, Company C, 501st Forward Support Battalion, Camp Ramadi (Iraq), Laboratory Results Form), dated 8 July 2007 with Standard Form 513 (Medical Record -...
ARMY | BCMR | CY2009 | 20090003451
On 3 February 1967, the applicant was discharged with an undesirable discharge under the provisions of Army Regulation 635-212 for unfitness due to frequent incidents of a discreditable nature with civil or military authorities. There is no indication in the available records that the applicant applied to the Army Discharge Review Board for a discharge upgrade within its 15-year statute of limitations. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a...
ARMY | BCMR | CY2009 | 20090003452
IN THE CASE OF: BOARD DATE: 23 July 2009 DOCKET NUMBER: AR20090003452 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Public Law 92-425, the SBP, enacted 21 September 1972, provided that a military retiree can have a portion of his or her monthly retired pay withheld in order to provide, after his or her death, a monthly survivor benefit to a surviving spouse, child(ren), or other eligible recipient(s). On remarriage a retiree may elect SBP spouse coverage for the first spouse acquired...
ARMY | BCMR | CY2009 | 20090003453
On 6 January 1967, the applicant pleaded guilty at a Special Court-Martial to one specification of being AWOL during the period on or about 7 November 1966 through on or about 9 December 1966. 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. ABCMR Record of Proceedings (cont) AR20090003453 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR...
ARMY | BCMR | CY2009 | 20090003455
The applicant states, in effect, that he would like his Army records to coincide with his Department of Veterans Affairs (VA) records which show he was honorably discharged. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. As stated by the applicant, there is no evidence that his battalion commander had a rule requiring that any Soldier who was given three NJPs to be processed for discharge.
ARMY | BCMR | CY2009 | 20090003458
Soldiers serving in this area on or after 11 September 2001 in support of Global War on Terror (Operations Enduring Freedom and Iraqi Freedom) and who meet the general award criteria are authorized award of the Global War on Terrorism Expeditionary Medal. Therefore, there is sufficient evidence to support awarding the applicant the Combat Action Badge and correcting his records to show this award. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2009 | 20090003459
Application for correction of military records (with supporting documents provided, if any). The applicant requests the issuance of a new DD Form 214 (Certificate of Release or Discharge from Active Duty) showing his combat service. 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.
ARMY | BCMR | CY2009 | 20090003460
Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage (without the members agreement) in those cases where the member was participating in the SBP or was still on active duty and had not yet made an SBP election. The evidence of record confirms the FSM initially elected SBP coverage for spouse and children at the time of his retirement. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...