ARMY | BCMR | CY2009 | 20090006509
The applicant requested, in effect, reconsideration of the Board's denial of his previous request for correction of his records to show award of the Overseas Service Ribbon, Army Service Ribbon, and Army Commendation Medal (ABCMR Docket Number AC96-07563 considered on 28 August 1996). A review of Army Regulation 600-8-22 (Military Awards), which governs the Army awards program, was conducted to determine the existence of the Artilleryman Badge. ___________x___________ CHAIRPERSON I certify...
ARMY | BCMR | CY2009 | 20090006511
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show military occupational specialty (MOS) 00E (Recruiter and Career Counselor) and 00R (Recruiter). He also requests award of and the listing of the Career Counselor Badge on his DD Form 214. With respect to the Career Counselor Course, the evidence of record shows the applicant held MOS 79D, completed formal resident training, and served in a 79D coded position for at least 12 months.
ARMY | BCMR | CY2009 | 20090006512
Army Regulation 672-5-1, 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 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 Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and...
ARMY | BCMR | CY2009 | 20090006516
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. Therefore, there is no basis for recording these tabs on the applicant's DD Form 214. Although the applicant requests that his MOS be changed from 35L2H to 35P4O in item 23a on his DD Form 214, the entry in item 23a on the DD Form 214 was meant to indicate what MOS he held at the time of his separation, not the...
ARMY | BCMR | CY2009 | 20090006520
The commander advised the applicant of his right to have his case considered by a board officers, to appear in person before a board officers, to submit statements in his own behalf, to be represented by counsel, to waive any of these rights, and to withdraw any waiver of rights at any time prior to the date the discharge authority directs or approves his discharge and request his case be presented before a board of officers. Army Regulation 635-200, paragraph 3-7a, provides that an...
ARMY | BCMR | CY2009 | 20090006521
In a separate letter to DFAS, Military Retirement Pay the applicant requested termination of the Natural Interest Person SBP coverage. The Reserve Component cost of the SBP accounts for the annuity cost if the applicant had died prior to his 60th birthday as he elected Option C (Immediate Coverage) on his DD Form 1883 that he submitted on 10 January 1991. The premium for the Reserve Component portion of the RCSBP is a debt the applicant incurred when he elected Option C. As such, his named...
ARMY | BCMR | CY2009 | 20090006523
The applicant provides a copy of his DD Form 214 and copies of orders awarding him 6th award of the Army Good Conduct Medal, Meritorious Service Medal, and the Combat Action Badge. Orders confirming the award are contained in his Official Military Personnel File (OMPF) and the award was recorded on his DD Form 214. The evidence confirms the applicant was performing duties in Iraq on the day noted in his award of the Combat Action Badge.
ARMY | BCMR | CY2009 | 20090006525
There is no evidence of record which shows the applicant was ordered to active duty in November 1991. There is no evidence of record which shows the applicant was released from active duty in 1992. Although the applicant requests that item 12b on her DD Form 214 for the period ending 13 June 1991 be changed from 1991 to 1992, the evidence of record shows she was released from active duty on 13 June 1991.
ARMY | BCMR | CY2009 | 20090006526
The applicant requests correction of item 18f (Foreign and/or Sea Service This Period) on his DD Form 214 (Report of Separation from Active Duty). Evidence of record shows the applicant served in Alaska from 6 September 1972 to 11 January 1974 (1 year, 4 months, and 6 days) which is properly shown in item 18f on his DD Form 214. Therefore, item 18f on his DD Form 214 should be corrected to show he served 2 years, 3 months, and 4 days of foreign service.
ARMY | BCMR | CY2009 | 20090006529
The SPD code of "LBK" is the correct code for RA Soldiers released from active duty for completion of required active service under the provisions of chapter 4, Army Regulation 635-200. The SPD code of "MBK" is the correct code for Soldiers released from active duty for completion of required active service under the provisions of chapter 4, Army Regulation 635-200 when eligible to reenlist or Soldiers with a DCSS in force who are released from Active Duty (REFRAD) on completion of...
ARMY | BCMR | CY2009 | 20090006530
The SPD code of LBK was the appropriate code for the applicant based upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of Army Regulation 635-200, chapter 4, who were ineligible for immediate reenlistment due to a bar to reenlistment. The applicant requests, in effect, that his RE code 3 be changed so that he may enlist in the Army. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for...
ARMY | BCMR | CY2009 | 20090006533
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 applicant was discharged from the Army on 23 June 1970. Conviction and discharge were effected in accordance with applicable laws and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was...
ARMY | BCMR | CY2009 | 20090006537
The FSM's military records are not available to the Army Board for Correction of Military Records (ABCMR) for review. The applicant has provided no orders showing the FSM was awarded the BSM and there is no evidence of record that shows the FSM was recommended for or awarded of the BSM by an appropriate approval authority. Therefore, there is insufficient evidence to award the FSM the BSM or to add the BSM to his DD Form 214.
ARMY | BCMR | CY2009 | 20090006538
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was assigned to the 75th Rangers. He also requests reconsideration of an earlier request to correct his records to show award of the Air Medal. The applicant requested, in effect, reconsideration of the Board's denial of his previous request for correction of his records to show award of the Air Medal (ABCMR Docket Number AR2000042069 considered on 19 October 2000).
ARMY | BCMR | CY2009 | 20090006544
The "LBK" SPD code is the correct code for Soldiers separating under chapter 4 of Army Regulation 635-200 by reason of ETS (involuntary release from active duty, used for Regular Army Soldiers ineligible or otherwise denied reenlistment. Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom (OIF). The evidence of record shows the applicant served a qualifying period for award of...
ARMY | BCMR | CY2009 | 20090006553
The applicant's DD Form 214 confirms that on 28 February 2003 she was discharged in the rank of private/E-1 under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations), in lieu of trial by court-martial and that she received a UOTHC discharge. Chapter 10 provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may, at any time after the charges have been preferred, submit a...
ARMY | BCMR | CY2009 | 20090006555
The applicant requests, in effect, that his discharge under other than honorable conditions be upgraded to a more favorable discharge that will qualify him for Department of Veterans Affairs (VA) benefits. He was transferred to Fort Carson on 10 July 1973 and was advanced to the pay grade of E-4 on 15 October 1973. Paragraph 3-7a of Army Regulation 635-200 (Enlisted Personnel) provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.
ARMY | BCMR | CY2009 | 20090006557
Chapter 7 (Physical Profiling) of Army Regulation 40-501 (Standards of Medical Fitness) provides that the basic purpose of the physical profile serial system is to provide an index to the overall functional capacity of an individual and is used to assist the unit commander and personnel officer in their determination of what duty assignments the individual is capable of performing, and if reclassification action is warranted. Army Regulation 635-40 (Physical Evaluation for Retention,...
ARMY | BCMR | CY2009 | 20090006562
In accordance with Title 10, U.S. Code, section 1552, the authority under which this Board acts, the Army Board for Correction of Military Records is not empowered to set aside a conviction. Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which he was convicted. Each case is individually reviewed and a determination is made based on its merits when an applicant requests an upgrade of...
ARMY | BCMR | CY2009 | 20090006564
The applicant requests, in effect, upgrade of his undesirable discharge to an honorable discharge. On 27 September 1973, after consulting with counsel, the applicant submitted a request for discharge for the good of the service in lieu of court-martial, under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 10. Accordingly, the applicant was discharged with an undesirable discharge on 31 October 1973 under the provisions of Army Regulation...
ARMY | BCMR | CY2009 | 20090006566
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant went on to list her Army achievements and she stated that in light of her homosexual activity, she believed it to be in her best interest, as well as the best interest of the Army, that she be separated from the service. 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 | 20090006567
This form further confirms that the applicant completed 2 years, 8 months, and 16 days of creditable active military service. 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. The applicant's record of service shows that he accepted nonjudicial punishment under the provisions of Article 15 of the UCMJ on two occasions, received a bar to reenlistment, and was twice convicted by...
ARMY | BCMR | CY2009 | 20090006575
The applicant requests his undesirable discharge (UD) be upgraded to honorable. Although the discharge packet is not contained in the available record, the evidence shows the applicant was discharged under the provisions of Chapter 10, Army Regulation 635-200, for the good of the service in lieu of trial by court-martial. _______ _ _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...
ARMY | BCMR | CY2009 | 20090006578
The applicant requests that his undesirable discharge (UD) be changed to a medical discharge. On 25 April 1969, the applicant requested discharge in lieu of court-martial for the good of the service. Further, he acknowledged that he could receive an undesirable discharge in his request for discharge.
ARMY | BCMR | CY2009 | 20090006583
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 30 January 2007, the unit commander notified the applicant that he was initiating action to separate him under the provisions of paragraph 14-12c (2), Army Regulation 635-200 with a general discharge (GD), based on the wrongful use of marijuana, a controlled substance. 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...
ARMY | BCMR | CY2009 | 20090006584
The applicants military records are not available to the Board for review. The applicant's reconstructed record shows he enlisted in the Regular Army for a period of 3 years on 29 October 1948 and was discharged on 30 May 1951 for the purpose of immediate reenlistment. With respect to the applicant's rank/grade, the evidence of record shows that the applicant was promoted to the permanent rank/grade of PV2/E-2 on 20 August 1953.
ARMY | BCMR | CY2009 | 20090006590
The applicant requests that his reentry eligibility (RE) code be changed on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 17 May 2006. 9 Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The evidence of record confirms that the applicants separation processing was...
ARMY | BCMR | CY2009 | 20090006592
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his under other than honorable conditions (UOTHC) discharge be upgraded to an honorable discharge (HD). The record shows that after consulting with defense counsel, the applicant voluntarily requested discharge from the Army in lieu of trial by court-martial.
ARMY | BCMR | CY2009 | 20090006593
IN THE CASE OF: BOARD DATE: 10 November 2009 DOCKET NUMBER: AR20090006593 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, award of the Korea Defense Service Medal (KDSM). Records available to the Board show that the applicant was inducted into the Army of the United States on 26 January 1954.
ARMY | BCMR | CY2009 | 20090006595
The applicant provides a DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) in support of this application. The evidence of record shows the applicant was discharged pursuant to a duly reviewed and affirmed general court-martial order, and there is no record or documentary evidence of acts of valor or service that would warrant special recognition. After a thorough review of the available records, there was no cause for clemency and an...
ARMY | BCMR | CY2009 | 20090006603
The applicant's service record shows he received adverse counseling 19 times between April 1975 and January 1977 regarding his duty performance. Under this regulation, a general or an honorable discharge was considered appropriate. There is no evidence of record which indicates the actions taken in this case were in error or unjust.
ARMY | BCMR | CY2009 | 20090006606
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that his undesirable discharge be upgraded to an honorable discharge. On 15 June 1970, the Army Discharge Review Board (ADRB) returned the applicant's request for a discharge upgrade to him without prejudice.
ARMY | BCMR | CY2009 | 20090006609
The applicant provides various documentary evidence that he contends show his entitlement to award of Purple Heart based upon wounds he sustained on 24 April 1953. Item 28 (Wounds) of this form shows that during his capture, the applicant sustained wounds to his head resulting from artillery fire and to his legs resulting from grenades. This record shows the applicant was a former prisoner of enemy forces.
ARMY | BCMR | CY2009 | 20090006614
The applicant's record contains United States Army Transportation Center, Fort Eustis, Virginia, Orders 182-0016, dated 1 July 2003, which directed the applicant's REFRAD on 31 January 2004, and placement on the Retired List on 1 February 2004. The applicant has failed to provide any evidence showing she had a qualifying reason or circumstance that would have merited approval of an extension of this entitlement a year after her retirement. _______ _ x_______ ___ CHAIRPERSON I certify that...
ARMY | BCMR | CY2009 | 20090006616
The applicant states, in effect, that he did not know about the 1 year limitation for travel and transportation entitlements or the requirement to request extensions of this time limitation in writing. The applicant provides, in support of his application, copies of his retirement orders, dated 9 July 2004; Request for Waiver for Movement of Household Goods, dated 24 February 2009; and E-Mail from Department of the Army, G-4 (Logistics) disapproving reinstatement of travel and...
ARMY | BCMR | CY2009 | 20090006618
The applicant requests, in effect, that his reentry eligibility (RE) code of RE-4 be changed to an RE code of RE-3. The applicant states, in effect, he is requesting that his RE code of RE-4 be upgraded to an RE code of RE-3 in order to allow him to reenter the military. 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.
ARMY | BCMR | CY2009 | 20090006619
Paragraph 7-3 of Army Regulation 140-10 (Army Reserve Assignments, Attachments, Details, and Transfers) states that an officer (other than a commissioned warrant officer) or enlisted Soldier who has accrued 20 years of qualifying service for retired pay is required to attain 50 points annually to be retained in an active status in the Selected Reserve, IRR, or Standby Reserve (Active List). DISCUSSION AND CONCLUSIONS: Evidence of record shows the applicant, a commissioned warrant officer,...
ARMY | BCMR | CY2009 | 20090006622
Accordingly, he was discharged under honorable conditions on 17 January 1991, under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance. There is no evidence in the available records to show 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. Paragraph 3-7a of Army Regulation 635-200 (Enlisted Personnel) provides that an honorable discharge is a separation with...
ARMY | BCMR | CY2009 | 20090006624
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 4 October 1984, the applicant was notified by the United States Army Enlisted Records and Evaluation Center that his Official Military Personnel File (OMPF) was reviewed by a Department of the Army (DA) Selection Board and that after a comprehensive review of his file, the board determined that he was to be barred from reenlistment under the Qualitative Management Program (QMP). There is no evidence in the available record, nor has...
ARMY | BCMR | CY2009 | 20090006627
The applicant requests that his under other than honorable conditions discharge be upgraded to general. There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that Board's 15-year statute of limitations. The applicant's record of service included over 60 days of time lost due to AWOL.
ARMY | BCMR | CY2009 | 20090006633
On 24 January 2001, the applicant consulted with counsel and requested discharge for the good of the service under the provisions of Army Regulation 635-200, chapter 10. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. Although the applicant contends that he did not receive effective legal counseling, evidence of record shows that he consulted with counsel on 24 January 2001 and voluntarily requested...
ARMY | BCMR | CY2009 | 20090006646
On 30 March 2001, the applicant requested discharge in lieu of trial by court-martial. The regulation states the reason for discharge based on separation code "KFS" is "in lieu of trial by court-martial" and the regulatory authority is Army Regulation 635-200, chapter 10. The applicant's RE code was administratively correct and in conformance with applicable regulations at the time of his separation.
ARMY | BCMR | CY2009 | 20090006664
With respect to the applicants characterization of service, the evidence of record shows that at the time of his honorable release from active duty, the applicant had completed 3 years, 4 months, and 25 days of creditable active military service. With respect to the applicants rank/grade, the evidence of record shows that the applicant was convicted by a Special Court-Martial on 7 February 1970 and that the court-martial sentenced him to reduction to PVT/E-1, among other punishment. The...
ARMY | BCMR | CY2009 | 20090006665
There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or that he was wounded as a result of hostile action in Vietnam. In the absence of orders or other evidence of record showing that the applicant was injured or treated for wounds as a result of hostile action in Vietnam, the statements and photographs provided by the applicant are not sufficient as a basis for award of the Purple Heart. Regrettably, there is insufficient evidence on...
ARMY | BCMR | CY2009 | 20090006666
The applicant requests, in effect, that her disability rating be increased to 30 percent or more (i.e., a medical retirement). However, evidence of record shows the PEB found her physically unfit due to chronic bilateral knee pain only and she was rated 0 percent for slight/occasional pain. Consequently, due to the two concepts involved, an individuals medical condition may not be considered to be a physical disability by the Army and yet be rated by the DVA as a disability.
ARMY | BCMR | CY2009 | 20090006670
The applicant requests, in effect, extension of his transportation and travel entitlements to his home of record. The applicant provides the following documents in support of his application: an undated request for travel and transportation entitlement extension; a Department of Veterans Affairs (VA) hospital medical statement, dated 19 February 2009; a copy of U.S. Army Human Resources Command (USAHRC), St. Louis, Orders C-03-690562, dated 22 March 2006; a DD Form 214 (Certificate of...
ARMY | BCMR | CY2009 | 20090006671
There are no general orders in the applicants service personnel records that show he was awarded the Purple Heart. There are no orders in the applicants service personnel records that show that he was awarded the Purple Heart. Nowhere in his records does it indicate he was wounded.
ARMY | BCMR | CY2009 | 20090006673
The applicant requests removal of a DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)), dated 15 October 1997, from his Official Military Personnel File (OMPF). It further indicates that there must be clear and compelling evidence to support the removal of a properly-completed, facially-valid DA Form 2627 from a Soldiers record by the ABCMR. There is no evidence the Article 15 was rescinded by anyone.
ARMY | BCMR | CY2009 | 20090006675
The applicant requests, in effect, that he be awarded the Combat Infantryman Badge and that it be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). The evidence shows that the applicant was assigned to an infantry unit; however, there is no evidence and the applicant has provided none to show he engaged in and actively participated in ground combat against the enemy with his unit. The evidence shows that the applicant was not awarded the Combat Infantryman...
ARMY | BCMR | CY2009 | 20090006677
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) contains the Armys awards policy. The evidence of record further confirms that based on the applicant's service in Iraq during the period 24 July 2004 through 24 July 2005, he is entitled to 1 bronze service star with his Iraq Campaign Medal.