ARMY | BCMR | CY2009 | 20090005955
On 14 September 1973, the convening/separation authority approved the board of officers findings and recommendations and directed the applicant be discharged under the provisions of paragraph 13-5a of Army Regulation 635-200 by reason of unfitness and that he be furnished an Undesirable Discharge Certificate. The evidence of record shows that the applicant was 18 years of age at the time of his enlistment and between 19 and 20 years of age at the time of his various offenses. The...
ARMY | BCMR | CY2009 | 20090005957
The applicant requests, in effect, reconsideration of his earlier request for correction of his military records to show his date of rank for captain as either 7 November 1996 or 1 April 1997 and that his date of rank for major be accordingly changed. The officer's promotion effective date and date of rank will be no earlier than the date the board is approved, or the date the officer meets the maximum time in grade, whichever is later. The original Board proceedings also determined that,...
ARMY | BCMR | CY2009 | 20090005961
The applicant requests that his undesirable discharge be upgraded to a general discharge. On 22 June 1989, the Army Discharge Review Board denied the applicant's request for a discharge upgrade. 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 | 20090005963
The applicant requests upgrade of his undesirable discharge to an honorable discharge. On 10 November 1976, the applicant was discharged under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 10 and issued an Undesirable Discharge Certificate. ___________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 | 20090005965
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The report evaluated the applicants performance as a field wireman at Fort Sill and noted that in five of the six evaluated categories he was rated as AA (above average). The applicant argues that he was forced to go AWOL after being falsely accused of being AWOL by his unit first sergeant following a weekend absence.
ARMY | BCMR | CY2009 | 20090005966
However, the applicant's DD Form 214 (Armed Forces Report of Transfer or Discharge) shows that on 1 November 1971, the applicant was discharged under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 10, for the good of the service, with a character of service of under other than honorable conditions and issued an Undesirable Discharge Certificate. ___________x___________ CHAIRPERSON I certify that herein is recorded the true and complete record...
ARMY | BCMR | CY2009 | 20090005972
Item 3 (Social Security Number), of the applicant's DD Form 214, has the number ***-85-****. The applicant's contention that his DD Form 214 should be corrected to change his service number from ***-85-**** to ***-82-**** was carefully considered; however, the evidence shows that the applicant was enlisted with a temporary identification number. Based on the evidence in this case, the applicant is not entitled to a correction of his record to show the number ***-82-**** as his social...
ARMY | BCMR | CY2009 | 20090005973
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 Combat Infantryman Badge. The applicant states, in effect, that he is entitled to this award because he served as an infantry Soldier in the Republic of Vietnam, was assigned to an infantry unit, took part in two campaigns, and was awarded the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and two overseas service...
ARMY | BCMR | CY2009 | 20090005974
The applicant further submits an action, dated 3 August 1973, showing the appropriate authority approved the applicant's request for discharge for the good of the service and directed that a UD Certificate be issued and that the applicant be reduced to pay grade E-1. The evidence shows the applicant departed AWOL on 30 August 1972 and returned to military control on 21 June 1973. Upon his return to military control, he advised his military defense counsel that he did not want the stigma of...
ARMY | BCMR | CY2009 | 20090005975
This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. On 30 October 1995, the convening authority approved the sentence as provided for reduction to the grade of E-1, forfeiture of all pay and allowances, confinement for 11 months and a bad conduct discharge. On 16 April 1996, the United...
ARMY | BCMR | CY2009 | 20090005978
The last paragraph indicates that when the AR 15-6 investigation was received, the GOMOR and relief actions could be served on the applicant and the 1SG. A review of the applicant's OMPF shows that the contested OER is filed with a copy of the GOMOR and the applicant's rebuttal to the GOMOR. It is also noted that the investigation was dated 21 February 2004 and the applicant did not receive his partial copy of the investigation until on or about August 2004, just prior to his unit...
ARMY | BCMR | CY2009 | 20090005980
Application for correction of military records (with supporting documents provided, if any). The applicants military records are not available for review. It is also presumed that considering the information presented by the applicant together with the evidence of record, applicable law and regulations, the type discharge directed and the reasons therefore were appropriate.
ARMY | BCMR | CY2009 | 20090005982
The applicant requests, in effect, that the records of her deceased ex-husband, a retired former service member (FSM), be corrected to show he made a voluntary election for former spouse coverage under the Survivor Benefit Plan (SBP) within one year of divorce. While, he elected spouse coverage when he retired, DFAS records show he requested an adjustment to his SBP following his divorce from the applicant in 1994. _______ _ _x______ ___ CHAIRPERSON I certify that herein is recorded the...
ARMY | BCMR | CY2009 | 20090005985
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served a total of 13 years and 9 months of foreign service and to show he served in Iraq from 15 July 2007 to 14 October 2008. The evidence of record shows the applicant served a total of 11 years, 10 months, and 28 days of foreign service. The DFAS information combined with the applicant's statement is accepted as sufficient evidence with which to amend block 18 of the...
ARMY | BCMR | CY2009 | 20090005986
Application for correction of military records (with supporting documents provided, if any). With respect to the applicants period of active duty service during September 2001, the evidence of record shows that he performed a period of service that was less than 90 days; therefore, he was not issued a DD Form 214 for that period of service. Furthermore, his period of active duty service in September 2001 occurred outside the period covered by his DD Form 214 from 15 November 1990 to 22...
ARMY | BCMR | CY2009 | 20090005987
There is no evidence the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that boards 15-year statute of limitations. This Army regulation provides that when separation for unfitness was warranted, an undesirable discharge was normally considered appropriate. The applicant was appropriately issued an undesirable discharge and he has not provided any evidence sufficient to support upgrading his discharge 5.
ARMY | BCMR | CY2009 | 20090005988
There are no orders in the applicants service personnel records that show he was awarded the Purple Heart. The Vietnam Casualty List was reviewed to determine if the applicant had been wounded in action while he served in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to add one silver service star to be affixed to his already-awarded Vietnam Service Medal and to add the Republic of...
ARMY | BCMR | CY2009 | 20090005989
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the correct dates of his service in the Republic of Vietnam (RVN) and award of the Army Commendation Medal (ARCOM), Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 2 campaign service stars. The applicant's DA Form 20 (Enlisted Qualification Record), item 31 (Foreign Service) shows he...
ARMY | BCMR | CY2009 | 20090005993
On 24 October 1991, the separation authority approved the applicants discharge, under the provisions of chapter 14 of Army Regulation 635-200 by reason of misconduct - abuse of illegal drugs, and directed the applicant be furnished a general, under honorable conditions discharge. The evidence of record shows the applicant had a history of disciplinary problems including two instances of AWOL, one instance of a court-martial for the wrongful use of cocaine, and an arrest by military police....
ARMY | BCMR | CY2009 | 20090005994
The applicant requests, in effect, that his under other than honorable conditions discharge be changed to a medical discharge. Army Regulation 40-501 (Standards of Medical Fitness), chapter 7, physical profiling, 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...
ARMY | BCMR | CY2009 | 20090005995
The applicant requests that item 28 (Narrative Reason for Separation) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from "Enter Officer Training Program" to "Attend School and Enter Officer Training Program (ROTC)" [Reserve Officers Training Corps]. On 20 December 2008. the applicant was honorably discharged from the Regular Army under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 16-2, to enter an officer training...
ARMY | BCMR | CY2009 | 20090005996
The applicant's DA Form 20 contains an entry in item 38 that shows the applicant served in an infantry MOS in an infantry unit for a little over 3 months while he was serving in the RVN. As a result, absent any evidence of his personal participation in active ground combat with his qualifying infantry unit while serving as an infantryman, the regulatory requirements necessary to support award of the CIB have not been met in this case. Item 41 of his DA Form 20 does not include the PH in...
ARMY | BCMR | CY2009 | 20090005998
The applicant requests, in effect, that his record be corrected to show he served in Germany and the Republic of Vietnam (RVN). Evidence of record shows in item 22c of the applicant's DD Form 214, dated 16 September 1967, he served a total of 1 year and 11 months overseas. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending his DD Form 214 by adding USARPAC to item 22c; b. deleting the Vietnam Service Medal from...
ARMY | BCMR | CY2009 | 20090005999
Application for correction of military records (with supporting documents provided, if any). The opinion stated that at the time of the applicant's enlistment she did not inform the U.S. Army Recruiting Command (USAREC) that she had obtained an associate degree. The evidence of record does not support the applicant's contentions that she joined the Army with a degree in the medical field and that she turned in all of her documents to her recruiter.
ARMY | BCMR | CY2009 | 20090006000
The applicant requests an upgrade of his under other than honorable conditions (UOTHC) discharge to an honorable discharge (HD). The applicant states that he was told at the time of his discharge that his discharge would automatically be upgraded in 6 months. The applicants record shows that he enlisted in the Regular Army and entered active duty on 8 November 1988.
ARMY | BCMR | CY2009 | 20090006003
IN THE CASE OF: BOARD DATE: 17 September 2009 DOCKET NUMBER: AR20090006003 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his period of initial active duty for training (IADT) be characterized to show he was honorably discharged. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) provides the following: a. only an honorable characterization of service may be awarded to a Soldier upon completion of his period of enlistment or period for...
ARMY | BCMR | CY2009 | 20090006006
On 29 August 1980, the separation authority approved the applicants discharge under the provisions of chapter 14 of Army Regulation 635-200 by reason of misconduct conviction by civil court, directed the applicant be furnished an under other than honorable conditions discharge, and be reduced to the lowest enlisted grade. The evidence of record shows that the applicants discharge was appropriate because the quality of his service was not consistent with the Army standards of acceptable...
ARMY | BCMR | CY2009 | 20090006007
The applicant requests award of a bronze service star to be affixed to his previously-awarded American Campaign Medal. The applicant provides a new argument that he is entitled to award of a bronze service star to be affixed to the American Campaign Medal he was awarded as a result of his previous ABCMR case. The applicant's contention that his record should be corrected to show award of a bronze service star for ground combat to be affixed to his previously awarded American Campaign Medal...
ARMY | BCMR | CY2009 | 20090006010
He contends that during this time he was in contact with the New York Army National Guard, the New Jersey Army National Guard, and the USAR in St. Louis seeking possible units to which he could be assigned, and trying to correct certain errors in his record to include correct address, missing checks, and confirmation of creditable years of service for retirement. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years...
ARMY | BCMR | CY2009 | 20090006011
Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. The available evidence also shows the applicant completed a period of qualifying service in Afghanistan for award of the Overseas Service Ribbon. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 12f of his DD Form 214 the entry "0000 00 00" and replacing it with the entry "0001 02 24"; b. adding to item 13 of his DD Form...
ARMY | BCMR | CY2009 | 20090006017
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that his uncharacterized discharge be upgraded to an honorable discharge (HD). The DD Form 214 issued to the applicant upon his discharge shows he was separated under the provisions of Chapter 10, Army Regulation 635-200 (Personnel Separations Enlisted Personnel), for the good of the service in lieu of court-martial, and that he received an uncharacterized...
ARMY | BCMR | CY2009 | 20090006018
The applicant states there is no record of his active Reserve service on his DD Form 214. The available record contains limited evidence concerning his USAR service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
ARMY | BCMR | CY2009 | 20090006019
Application for correction of military records (with supporting documents provided, if any). Item 18 (Remarks) of the applicant's DD Form 214 contains an entry indicating the applicant was ordered to active duty in support of Operation Desert Shield/Storm in accordance with Title 10, U.S. Code, Section 673b (10 USC 673b), and the entry "Service in SWA from 11 Jan 1991 to 26 Apr 1991" which confirms her service in SWA. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and...
ARMY | BCMR | CY2009 | 20090006022
While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) reflects that the 726th Ordnance Company was a unit that participated in...
ARMY | BCMR | CY2009 | 20090006023
The applicant states, in effect, that when he had a positive urinalysis, he was told he had to go to a drug rehabilitation program that he had to pay for himself. It is evident that the applicant had a positive urinalysis for a controlled substance and, based on the characterization of his service, that he was separated due to misconduct - drug abuse. Based on the fact that the preponderance of evidence shows that the applicant was not provided the rights required when being processed for...
ARMY | BCMR | CY2009 | 20090006024
Army Regulation 635-5 does not provide specific instructions concerning entries regarding the receipt of a United States flag at the time of retirement. The applicant's contention that he did not receive a United States flag at the time of his retirement is not supported by any documentary evidence. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from Item 18 of the applicant's DD Form 214: "Service in Iraq...
ARMY | BCMR | CY2009 | 20090006026
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Bronze Star Medal; Combat Action Badge; a permanent change of station (PCS) award from Fort Benning, GA; and awards from Walter Reed Army Medical Center, Washington, D.C. 2. It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a...
ARMY | BCMR | CY2009 | 20090006028
The applicant was rated under the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) and was granted a 10 percent disability rating for code 5003 (for both conditions of left shoulder pain and left knee pain shown on his NARSUM). Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) requires separation with severance pay which is computed by multiplying monthly basic pay times 2 times each year of Federal service; b. he was awarded less...
ARMY | BCMR | CY2009 | 20090006030
As for the corroborative witness statements he had submitted when he accepted NJP, the applicant initially did not submit the witness statements he wants to be included in his MPRJ. Further, there are no provisions to file anything other than the DA Form 2627-1 in the MPRJ when a Soldier accepts NJP. As a result, the Board recommends denial of so much of the application that pertains to filing his Soldier of the Month certificate, certificate of training for the advanced marksman pistol,...
ARMY | BCMR | CY2009 | 20090006031
Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. The evidence of record shows the applicant served in the Republic of Korea during the qualifying period for award of the Korea Defense 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...
ARMY | BCMR | CY2009 | 20090006035
The applicant requests correction of his records to show he changed his Survivor Benefit Plan (SBP) coverage from "spouse" to "former spouse" within one year of his divorce. The applicant contends that his records should be corrected to show he timely changed his SBP coverage from "spouse" to "former spouse" coverage pursuant to their divorce decree. The evidence of record shows that at the time of his retirement in 1974, the applicant elected to participate in the SBP for spouse coverage.
ARMY | BCMR | CY2009 | 20090006037
Application for correction of military records (with supporting documents provided, if any). In addition, the applicant's two DD Forms 214 show that the applicant's name of record is correctly recorded on these two documents. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting his 20 February 1991 DD Form 214 by: a. adding to item 11 the entry "62F1O, Lift and Load Equipment Operator, 5 Years, 9 Months//63J2O,...
ARMY | BCMR | CY2009 | 20090006040
The applicant's special court-martial sentence was approved on 18 December 1981 and he was reduced to pay grade E-1 on the same day. There is no evidence the applicant applied to the Army Discharge Review Board (ADRB) within its 15-year statute of limitations for an upgrade of his discharge. The applicant has provided no evidence to show that his discharge was unjust at the time of his offenses.
ARMY | BCMR | CY2009 | 20090006041
IN THE CASE OF: BOARD DATE: 9 SEPTEMBER 2009 DOCKET NUMBER: AR20090006041 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his undesirable discharge be upgraded to an honorable discharge. Therefore, the evidence is not sufficient to support upgrading the applicants discharge to an honorable or general discharge.
ARMY | BCMR | CY2009 | 20090006043
The applicant requests that his social security number (SSN) on his DD Form 214 (Report of Separation from Active Duty) with an effective date of 1 December 1964 be corrected to read ***-**-6957 instead of ***-**-6857. The applicant's military personnel records show he was inducted into the Army of the United States on 4 December 1962. The regulation states that an individual's SSN is to be taken from his DA Form 24 and transcribed to item 32 of his DD Form 214.
ARMY | BCMR | CY2009 | 20090006046
The evidence also shows the applicant reenlisted on 5 September and served through 11 March 1979 and was provided a DD Form 214 for this period of service. This DD Form 214 covered his period of service from his reenlistment on 12 March 1979 through his discharge for length of service on 30 September 1991. As a result, the Board recommends that all the Department of the Army records of the individual concerned be corrected by amending Item 17c of the applicant's DD Form 214, dated 4...
ARMY | BCMR | CY2009 | 20090006047
There are no orders for the Purple Heart in the available records. The evidence of record also shows he was wounded in action while on a combat operation. 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 7 May 1968 in Vietnam; b. awarding him the Combat Medical Badge; and c. adding the Purple Heart, the Combat Medical Badge, and the Republic of Vietnam...
ARMY | BCMR | CY2009 | 20090006048
In support of her application, the applicant provides copies of her reassignment/deployment and NATO and AFEM authorization orders, her DD Form 214, her United States Army Reserve (USAR) separation orders and Honorable Discharge Certificate, and a Campaigns and Expeditions Which Qualify for Veterans preference chart. The evidence of record shows the applicant was authorized award of the NATO Medal and the AFEM during the period of her active duty service. As a result, the Board recommends...
ARMY | BCMR | CY2009 | 20090006052
The applicant requests correction of his records to show he was appointed to the rank of command sergeant major (CSM)/pay grade E-9 and that he was placed on the Retired List in the rank of CSM (E-9). The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. item 2 (Grade) the entry "SGM E-9"; b. item 3 (Date of Rank) the entry "29 SEP 67"; c. item 31 (Foreign Service) that he served overseas in USAREUR in Germany from 10 September 1966 through 17 September 1969; d. item 33...
ARMY | BCMR | CY2009 | 20090006053
The DD Form 214 that was issued to him at the time of his release from active duty on 2 February 2004, which will simply be referred to as his DD Form 214 throughout the remainder of these proceedings, as amended by a DD Form 215, shows that he was awarded the Army Achievement Medal, the Meritorious Unit Commendation, the Army Reserve Components Achievement Medal (4th Award), the National Defense Service Medal (2nd Award), the Armed Forces Expeditionary Medal, the Kuwait Liberation Medal...