ARMY | BCMR | CY2009 | 20090004409
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 16 November 1999, the unit commander notified the applicant that he was initiating action to separate her under the provisions of paragraph 14-12c, Army Regulation 635-200 (Personnel Separations Enlisted Personnel), based on her SCM conviction of 1 September 1999, for wrongful use of cocaine. Therefore, there was no basis to support the issue of an HD by the separation authority at the time of her discharge, or to support an upgrade...
ARMY | BCMR | CY2009 | 20090004410
It stated that an honorable or general discharge could be approved if the individual concerned disclosed his homosexual tendencies at the time of entrance into service, or if the individual had performed outstanding or heroic military service, or if the individual had performed service over an extended period and the convening authority determined that the best interests of the service would be served thereby. Army Regulation 635-200 (Active Duty Enlisted Separations) currently in effect,...
ARMY | BCMR | CY2009 | 20090004413
The applicant requests, in effect, that his undesirable discharge be upgraded to general. After completing 4 years, 8 months and 23 days of service to his country, he was discharged on 8 March 1973. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2009 | 20090004415
Therefore, the applicant is entitled to award of the Combat Infantryman Badge and correction of his records to show this award. The evidence of record shows 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 the applicant the Combat Infantryman Badge for combat actions on 10 July 1967; b. awarding the applicant the Army Good Conduct Medal (1st Award) for...
ARMY | BCMR | CY2009 | 20090004416
On 10 June 2002, the applicant was discharged, under the provisions of Army Regulation 635-200, paragraph 14-12c, with a general discharge under honorable conditions and with a narrative reason for separation of misconduct. There is insufficient evidence to show the applicant was improperly discharged or that the narrative reason for separation was in error or unjust. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the...
ARMY | BCMR | CY2009 | 20090004418
His records also show he completed a second period of service in the Republic of Vietnam, in a temporary duty status, from on or about 13 February to 24 June 1968. The applicant submitted a copy of a Standard Form 600, with various dates in 1968, that shows, in part, the following entries: a. on 15 April 1968, at Landing Zone (LZ) Sally, in the Republic of Vietnam, shrapnel wound, left leg, 5 days ago, has been coming in each day for dressing change; wound is too shallow for second closure,...
ARMY | BCMR | CY2009 | 20090004419
The applicant requests, in effect, that she be issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) showing her complete military service dates between December 1997 and December 2005. Records available to the Board show the applicant enlisted in the United States Army Reserve for a period of 8 years on 22 December 1997. The applicants available records confirm that her military service spans the period from 22 December 1978 through 21 December 2005 as a member of...
ARMY | BCMR | CY2009 | 20090004420
The applicant requests, in two separate applications, correction of appropriate military records to show a reentry eligibility (RE) code which would allow enlistment. Soldiers in the rank of PFC who are on a 2-year initial enlistment and who will have 24 months or less of active Federal service on the day they are discharged to reenlist may, if otherwise qualified, to include those with approved waivers, be reenlisted without a grade waiver. Therefore, the Board determined that the overall...
ARMY | BCMR | CY2009 | 20090004421
There are no orders in the applicant's military records awarding him the CIB. 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. awarding him the Combat Infantryman Badge and adding this badge to his DD Form 214; and b. adding the Marksman Marksmanship Qualification Badge with Machinegun Bar, the Republic of Vietnam Gallantry Cross with Palm Unit...
ARMY | BCMR | CY2009 | 20090004422
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to change the reason for his discharge and the reenlistment code. On 9 October 1987, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 16-5b, due to a locally-imposed bar to reenlistment. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing 3C in item 27 (Reenlistment Code)...
ARMY | BCMR | CY2009 | 20090004423
IN THE CASE OF: BOARD DATE: 26 August 2009 DOCKET NUMBER: AR20090004423 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests his military records be corrected by changing his Survivor Benefit Plan (SBP) election for spouse coverage, option C (Immediate coverage) to spouse coverage, option B (Age 60). The applicant states, in effect, that he received his retirement papers in the mail, that the retirement packet included the ARPERCEN (Army Reserve Personnel Center) Pamphlet...
ARMY | BCMR | CY2009 | 20090004425
The applicant requests, in effect, that item 25 (Education and Training Completed) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he completed the Jumpmaster Course. The applicant states, in effect, that his DD Form 214 does not show that he met the qualifications of a jumpmaster. The evidence of record confirms that the applicant successfully completed the Jumpmaster Course on 27 June 1970 at the USAIC.
ARMY | BCMR | CY2009 | 20090004427
The applicant served in Vietnam during two campaign periods and is authorized to wear two bronze service stars on his Vietnam Service Medal. Based on the above facts and findings, it is appropriate to correct the record by awarding the applicant the Purple Heart for wounds received on 28 February 1967 and to correct his DD Form 214 to show that in addition to the awards listed, he is also authorized award of the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation,...
ARMY | BCMR | CY2009 | 20090004428
The applicant provides a copy of his Air Medal certificate, dated 2 February 1999; two DD Forms 215 (Correction DD Form 214 (Certificate of Release or Discharge from Active Duty)); a letter, dated 19 November 1996, from a former crew chief; a letter, dated 27 December 1996, from his former commanding officer; his letter, dated 23 March 2001, addressed to the Military Awards Branch; a response letter, dated 30 November 2001, from the Military Awards Branch; a letter of commendation, dated 17...
ARMY | BCMR | CY2009 | 20090004429
The applicant requests, in effect, correction of his records by issuing one DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all of his military education and the military service that he completed. The applicants military personnel records contain a DD Form 214 that shows he entered active duty this period on 11 May 1992 and was honorably discharged on 18 September 1997, under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel),...
ARMY | BCMR | CY2009 | 20090004430
The applicant requests correction of item 15a (Member Contributed to Post-Vietnam Era Veteran's Educational Assistance Program (VEAP)) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "Yes" instead of "No." The applicant provides a copy of his DD Form 214, dated 14 April 2003, in support of his request. The applicant contends that his DD Form 214 should be corrected to show he contributed to the VEAP.
ARMY | BCMR | CY2009 | 20090004432
The applicant requests, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show the grade of sergeant (SGT)/pay grade E-5, two awards of the Purple Heart, and two awards of the Presidential Unit Citation. A review of the applicants military personnel records revealed that there are no orders or other evidence that shows he was wounded a second time while serving in the RVN or that he received a second award of the Purple Heart. There is no evidence in the...
ARMY | BCMR | CY2009 | 20090004433
Application for correction of military records (with supporting documents provided, if any). Army Regulation 672-5-1, in effect at the time, provided that the Good Conduct Medal was awarded to individuals who had completed a qualifying period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the individual the Army Good Conduct Medal for the period 8 May 1968 to 10 December...
ARMY | BCMR | CY2009 | 20090004434
The applicant requests award of the Meritorious Service Medal, the Army Commendation Medal with Second Oak Leaf Cluster, the Army Achievement Medal, the Expert Infantryman Badge, and the Air Assault Badge. The applicant's DD Form 214 for the period ending 29 October 1983 does not show the Meritorious Service Medal, the Army Commendation Medal with Second Oak Leaf Cluster, the Army Achievement Medal, the Expert Infantryman Badge, or the Air Assault Badge as authorized awards. _______ _...
ARMY | BCMR | CY2009 | 20090004435
Accordingly, the applicant was discharged from active duty on 18 April 1989 under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance. In view of the applicant's overall meritorious record, his indebtedness, while an appropriate basis for discharge, should not overshadow his otherwise honorable service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. voiding the applicant's current...
ARMY | BCMR | CY2009 | 20090004438
IN THE CASE OF: BOARD DATE: 14 July 2009 DOCKET NUMBER: AR20090004438 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Although there are no orders awarding the applicant the PH, medical treatment records confirming he was treated for the wound in question is not available, and his name is not listed on the Vietnam Casualty Roster, the entry in item 40 is sufficiently corroborated by the executive officer letter provided by the applicant, which confirms the applicant was wounded during a...
ARMY | BCMR | CY2009 | 20090004440
The applicant requests, in effect, that the Bronze Star Medal (BSM), Army of Occupation Medal with Berlin Clasp (AOM-Berlin), and Dominican Republic Citation be added to his 1967 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). His DA Form 24 (Service Record) for this period of active duty service shows, in Section 4 (Chronological Record of Military Service), that he served in Seckenheim, Germany, APO 403, from 14 November 1960 through 16 March 1963. Item...
ARMY | BCMR | CY2009 | 20090004442
The applicant requests that he be paid $40,000 in Army College Fund (ACF) benefits as outlined in his enlistment contract. The applicants military records may be corrected to show his DA Form 3286-66 was amended to include the sentence, If ACF benefits in the amount of $40,000.00 (exclusive of MGIB benefits) were authorized by the official processing you for enlistment and the Government fails to pay the full amount under the appropriate provisions and such failure results in nonpayment...
ARMY | BCMR | CY2009 | 20090004443
The applicant requests, in effect, that her military records be corrected to reflect a different name and gender. 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. The evidence of record shows the same name and gender was used at the time of the applicant's entry on active duty in 1985 and...
ARMY | BCMR | CY2009 | 20090004444
The applicant requests, in effect, that his military records be corrected by canceling his Survivor Benefit Plan (SBP) election for spouse and children coverage. The applicant states, in effect, that when he applied for retirement on 18 June 2008 he enrolled in the SBP only after being assured that he could opt out of this program at any time by submitting a DD Form 2656-2 (Survivor Benefit Plan Termination Request). In support of his claim, the applicant provided a DD Form 2656, dated 18...
ARMY | BCMR | CY2009 | 20090004448
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) to show his periods of service in Iraq ended on 2 April 2004 instead of 6 April 2004. Therefore, there is sufficient evidence that shows the applicant served in Iraq from 7 April 2003 to 3 November 2003 and is entitled to correction of his DD Form 214 to show this period of foreign service.
ARMY | BCMR | CY2009 | 20090004452
The applicant requests that he be paid $40,000.00 in Army College Fund (ACF) benefits as outlined in his enlistment contract. The applicants military records may be corrected to show his DA Form 3286-66 was amended to include the sentence, "If ACF benefits in the amount of $40,000.00 (exclusive of MGIB benefits) were authorized by the official processing you for enlistment and the Government fails to pay the full amount under the appropriate provisions and such failure results in...
ARMY | BCMR | CY2009 | 20090004456
The applicant requests award of the Combat Infantryman Badge (CIB) and issuance of a Certificate of Retirement (DD Form 363A). Additionally, the record contains no evidence that the applicant was ever recommended for or awarded the CIB. 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 | 20090004457
Application for correction of military records (with supporting documents provided, if any). He was then reassigned to the 578th Signal Company (USARPAC, RVN) in duty MOS 36C2O from 7 July 1967 to 15 January 1968 and then served in duty MOS 76Y4O from 16 January to 20 February 1968. c. Item 40 (Wounds) is blank. There is no evidence in the applicants military personnel records that shows he was wounded as a result of hostile action; his DA Form 20 does not list the Purple Heart in item...
ARMY | BCMR | CY2009 | 20090004458
This period of service is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this period of service. The evidence of record shows the applicant completed a second period of foreign service in Afghanistan from 2004 to 2005. The evidence of record shows the applicant served in Iraq from 23 July 2006 to 23 July 2007 and was awarded the Iraq Campaign Medal.
ARMY | BCMR | CY2009 | 20090004460
However, if the child was eligible, the applicant's records would have to be corrected to show he elected SBP child coverage at the time of his retirement. The evidence of record shows the applicant was married and that he had no dependent child(ren) on the date of his retirement. As a result, the Board recommends that all Department of the Army records of the applicant be corrected by: a. showing he had no dependent children on the date of his retirement by deleting information pertaining...
ARMY | BCMR | CY2009 | 20090004461
The applicant was rated under the DVA Schedule for Rating Disabilities (VASRD) and was granted a 10-percent disability rating for code 5241 (chronic low back pain) and a 10-percent disability rating for codes 5299 and 5237. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), establishes the Army physical disability evaluation system and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of...
ARMY | BCMR | CY2009 | 20090004462
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that he be issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) removing him from the Temporary Disability Retired List (TDRL) effective 9 January 2002. Since the governing regulation states that a DD Form 214 will not be prepared for members being removed from the TDRL, there is no basis for granting the applicant's requested relief.
ARMY | BCMR | CY2009 | 20090004464
Evidence of record shows the applicant met the eligibility criteria for award of the Korea Defense Service Medal. Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 27 February 1970 through 26 February 1973. 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 (1st Award) for the period 27...
ARMY | BCMR | CY2009 | 20090004465
The applicant requests that his bad conduct discharge (BCD) be upgraded to an honorable discharge. The applicant enlisted in the Regular Army on 29 June 1979 for a period of 3 years, training as a food service specialist and assignment to Korea. He was sentenced to confinement at hard labor for 6 months and a BCD.
ARMY | BCMR | CY2009 | 20090004466
On 28 August 1989, court-martial charges were preferred against the applicant for being AWOL from on or about 23 January 1989 to on or about 9 August 1989. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. However, he did not provide evidence as to what his problems were or to what extent they existed.
ARMY | BCMR | CY2009 | 20090004467
The applicant requests that his separation program designator (SPD) of "JFM" (Disability, Existed Prior to Service, PEB [physical evaluation board]) be corrected to the SPD "JFL" (Disability, Severance Pay). The PEB recommended the applicant be separated with severance pay if otherwise qualified. The applicant's discharge orders dated 22 July 2008 did not provide for his discharge with severance pay with a 10 percent disability rating.
ARMY | BCMR | CY2009 | 20090004468
Army Regulation 672-5-1 (Awards), in effect at the time of the applicant's separation, provided that the Army Good Conduct Medal was awarded to individuals who distinguished themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. 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 Purple Heart for wounds he received in the Republic of...
ARMY | BCMR | CY2009 | 20090004469
The applicant provides his DD Form 214 (Report of Separation from the Armed Forces of the United States) and a third party statement in support of his application. The applicants military records are not available to the Board for review. By regulation, in order to award the PH it is necessary to establish that the wound for which the award is being made was received as a result of enemy action, that it required treatment by military medical personnel, and a record of this medical...
ARMY | BCMR | CY2009 | 20090004471
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his date of birth (DOB) as 9 August 1932 instead of 5 December 1929. His enlistment/ reenlistment contracts are not available for review with this case; however, the two DD Forms 214 he was issued show his DOB as 5 December 1929.
ARMY | BCMR | CY2009 | 20090004472
The applicants military records are not available to the Board for review. Based on the applicants service in the Asiatic-Pacific Theater of Operations from 6 September 1943 to 17 March 1944, and since his unit/organization during this assignment is not available, he is entitled to at least one award of the bronze service star to be affixed to his Asiatic-Pacific Campaign Medal. ___________x___________ CHAIRPERSON I certify that herein is recorded the true and complete record of the...
ARMY | BCMR | CY2009 | 20090004473
The applicant's records further show that he was notified in writing of his unexcused absence and that each notification letter advised him that if he accumulated nine unexcused absences within a one year period, he could be declared an unsatisfactory participant and transferred to the Individual Ready Reserve (IRR) for the balance of his service obligation. The records show that he acknowledged receipt of the notification letters as follows: a. on 10 March 1980, by certified letter, the...
ARMY | BCMR | CY2009 | 20090004475
His punishment consisted of a forfeiture of $74.00 pay and 5 days of extra duty; c. on 18 September 1978, for disobeying a lawful order on or about 29 August 1978 and failing to go at the time prescribed to his appointed place of duty on two occasions on or about 21 and 22 August 1978. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. In order to justify correction of a military record, the applicant must show, or it must otherwise...
ARMY | BCMR | CY2009 | 20090004476
The applicant requests that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected by adding the Combat Infantryman Badge (CIB). A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. Without evidence to show the applicant served in active ground combat, there is insufficient evidence in which to award him the CIB.
ARMY | BCMR | CY2009 | 20090004478
The applicant, the former spouse of a former service member (FSM), requests, in effect, that the FSM's records be corrected to show she submitted a "deemed election" in a timely manner establishing herself as the beneficiary for benefits under the Survivor Benefit Plan (SBP) as a former spouse. Public Law 97-252, the Uniformed Services Former Spouses Protection Act (USFSPA), dated 8 September 1982, established SBP coverage for former spouses of retiring members. The law also permits the...
ARMY | BCMR | CY2009 | 20090004480
The applicant requests that his discharge under other than honorable conditions be upgraded to honorable. In his request for discharge, the applicant indicated that he understood by requesting discharge, he was admitting guilt to the charge against him, or to a lesser included offense that also authorized the imposition of a bad conduct or dishonorable discharge. On 4 October 1985, the separation authority approved the applicants request for discharge and directed that he be issued a DD...
ARMY | BCMR | CY2009 | 20090004481
Counsel also states, in effect: a. that based on the fact that the applicant completed more than 20 years of active service he is now entitled to a length of service retirement. Upon review of the applicant's request for correction of his military records to remove the NJP, suspicion was raised that he had discussed classified matters and provided classified documents without regard for the proper handling of classified information in support of his request. Counsel stated, in effect, that...
ARMY | BCMR | CY2009 | 20090004482
Application for correction of military records (with supporting documents provided, if any). Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. Although the applicant contends that the majority of his service record is acceptable and that his discharge was based on one misunderstanding, the available records show his record of service included a bar to reenlistment, four...
ARMY | BCMR | CY2009 | 20090004485
The applicant requests correction of his military records to show that he qualified for an early non-regular retirement due to physical disability. The applicant contends that he should not have been discharged on 1 April 1994; but rather, transferred to the Retired Reserve and provided a letter of notification informing him of his eligibility to receive retired pay at age 60. The applicant's commander took action to separate him from the Army National Guard and the Reserve of the Army due...
ARMY | BCMR | CY2009 | 20090004487
IN THE CASE OF: BOARD DATE: 6 August 2009 DOCKET NUMBER: AR20090004487 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. On 27 July 1977, the applicant was discharged, in pay grade E-1, under the provisions of chapter 10 of Army Regulation 635-200 for the good of the service with an under other than honorable conditions discharge. Therefore, the applicant's military record during his second enlistment is unsatisfactory and does not meet the standards of acceptable conduct and performance of...