ARMY | BCMR | CY2009 | 20090007041
Application for correction of military records (with supporting documents provided, if any). Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant's DD Form 214 shows the entry "None." It states, in pertinent part, that in order to award a PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by medical personnel, and that a record of the medical treatment was made...
ARMY | BCMR | CY2009 | 20090007043
Between June and October 1974 the applicant successfully completed basic and advanced individual training in an active duty status and then returned to his National Guard unit. However, at the time of the applicant's separation an undesirable discharge was normally considered appropriate. The applicant's military service records show that he voluntarily requested discharge for the good of the service in lieu of trial by court-martial and acknowledged guilt of the charges against him.
ARMY | BCMR | CY2009 | 20090007044
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 26 September 1985. the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 11-3a, for entry level status performance and conduct. Army Regulation 635-200, paragraph 3-7a, provides that an honorable...
ARMY | BCMR | CY2009 | 20090007045
Application for correction of military records (with supporting documents provided, if any). c. The applicants military service records are absent any further record of medical treatment pertaining to the applicants head injury. On 21 July 1982, the convening authority approved the sentence, except for the bad conduct discharge; directed the record of trial be forwarded to The Judge Advocate General of the Army for review by a Board of Review; and ordered the applicant be retained within...
ARMY | BCMR | CY2009 | 20090007047
On 31 October 1981, the applicant's commander notified him that he was initiating action to discharge him under the provisions of chapter 14 of Army Regulation 635-200 for misconduct due to his apathetic attitude, lack of discipline, possession of drugs, and frequent run-ins with authorities. The applicant's service medical records were reviewed. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2009 | 20090007048
The applicant requests an upgrade of his general discharge to an honorable discharge. On 18 October 1983, the applicants immediate commander notified the applicant of his intent to initiate separation action against him in accordance with chapter 13 of Army Regulation 635-200 (Personnel Separations) by reason of unsatisfactory performance. Furthermore, there is no evidence in the available records, nor did the applicant provide documentation, to substantiate an upgrade of his discharge.
ARMY | BCMR | CY2009 | 20090007049
The applicant's service record shows he was inducted into the Army of the United States on 7 March 1968 at the age of 19 years, 9 months, and 12 days. Item 38 (Record of Assignment) of the applicant's DA Form 20 shows he received evaluations of "Excellent" for his conduct and efficiency while he underwent basic combat training. The evidence of record shows the applicant received nonjudicial punishment on three occasions for violating the UCMJ for absenting himself without proper authority...
ARMY | BCMR | CY2009 | 20090007051
The applicant requests that his discharge under other than honorable conditions be upgraded to an honorable or a general discharge. A review of the available evidence does not show the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that boards 15-year statute of limitations. _______ _ X_______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military...
ARMY | BCMR | CY2009 | 20090007053
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show: a. in Block 3 (Grade) that he was a staff sergeant (S/SGT); b. in Block 6 (Organization) that he served with Headquarters Battery, XIV Corps Artillery; and c. in Block 33 (Decorations and Citations) that he was awarded the Purple Heart. The applicant further states that at the end of the war, he was stationed in Japan with the XIV Corps Artillery during the...
ARMY | BCMR | CY2009 | 20090007059
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 the date of his entry on active duty as March 1985. The applicant states that he is being credited with a date of entry on active duty of March 1986 which gives him with only 3 years of active service instead of 4 years.
ARMY | BCMR | CY2009 | 20090007060
The applicant's military record shows he was inducted into the Army of the United States and entered active duty on 12 December 1967. Item 41 (Awards and Decorations) shows that during his active duty tenure he earned the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), RVN Campaign Medal with Device 1960, and Marksman Marksmanship Qualification Badge with Rifle Bar. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2009 | 20090007061
The applicant requests an upgrade of his under other than honorable conditions discharge to fully honorable. On 22 February 1991, 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, and directed the applicant's service be characterized as under other than honorable conditions. A discharge under other than honorable conditions was normally appropriate for a Soldier...
ARMY | BCMR | CY2009 | 20090007063
The applicant requests to continue her deceased husband's (a former service member [FSM]) request to upgrade his undesirable discharge. She states he never got over Vietnam. However, good post service conduct alone is not normally sufficient for upgrading a properly-issued discharge and the ABCMR does not upgrade discharges based solely on the passage of time.
ARMY | BCMR | CY2009 | 20090007064
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. A condition of submitting such a request is that the individual concerned must admit guilt to the charges against him or her or to a lesser included offense which authorizes the imposition of a bad conduct or dishonorable discharge and he or she must indicate that he or she has been briefed and understands the consequences of such a request as well as the discharge he or she might receive. The applicant has failed to show through the...
ARMY | BCMR | CY2009 | 20090007072
The formal PEB concurred with the findings and recommendation of the informal PEB and directed the applicant be removed from the TDRL and separated with a disability rating of 20 percent for Addisons disease. Title 10, U.S. Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of service or a disability rating of at least 30 percent. The Army rates only conditions determined to be physically unfitting at the time of discharge which...
ARMY | BCMR | CY2009 | 20090007073
Application for correction of military records (with supporting documents provided, if any). The applicant's records show he enlisted in the Regular Army for a period of 2 years on 7 January 1969. _______ _ ___XXX____ ___ 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 | 20090007074
The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 18 February 2008 be corrected to show his tour in Iraq and the Iraq Campaign Medal. However, there was no record of his service in Iraq. This same record shows the applicant's service was in Kuwait.
ARMY | BCMR | CY2009 | 20090007076
The applicant requests, in effect, amendment of his unit's deployment orders and payment of retroactive entitlements associated with Involuntary Assignment Incentive Pay (AIP). Headquarters, United States Army Field Artillery Center, Fort Sill, OK, Orders 020-301, dated 20 January 2004, deployed the applicant's unit and its members to the Central Command's (CENTCOM) area of responsibility (AOR) in Iraq in support of Operation Iraqi Freedom on 25 January 2004 for a period of 356 days with...
ARMY | BCMR | CY2009 | 20090007077
The evidence of record shows the applicant submitted a DD Form 2656 wherein she elected, in the presence of an RSO counselor, to participate in the SBP, spouse coverage, based on the full amount. On 1 December 2008, shortly before her husband deployed again, the applicant and her husband appeared before a notary public and executed the SBP termination request (DD Form 2656-6). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2009 | 20090007078
However, on 11 June 1990, the applicant was counseled and notified that he was pending separation under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 14, for misconduct. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. ____________x_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...
ARMY | BCMR | CY2009 | 20090007079
There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Therefore, the applicant's record of service is insufficiently meritorious to warrant an honorable discharge or a general discharge.
ARMY | BCMR | CY2009 | 20090007082
Records show that the applicant was granted temporary Federal recognition effective 8 September 2007 upon his initial appointment in the DEARNG as a second lieutenant. Based on the recommendations of the second DEARNG Federal Recognition Board, the NGB issued orders awarding the applicant permanent Federal recognition effective 25 October 2007. The Board further recommends that the applicant be promoted to the grade of first lieutenant and granted permanent Federal recognition with an...
ARMY | BCMR | CY2009 | 20090007088
The applicant requests that his military records be corrected by canceling his Survivor Benefit Plan (SBP) election for spouse coverage. The applicant states, in effect, that upon his retirement from active duty in 2002 he was automatically enrolled in the SBP and that he was unaware of the requirements to opt out of the SBP program between the 25th and 36th month after retirement. The applicant's contention that when he retired in 2002 he was unaware of the requirements to opt out of the...
ARMY | BCMR | CY2009 | 20090007091
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 | 20090007096
The applicant's military personnel records show he enlisted in the Regular Army, on 6 May 1974, at the age of 18, for a period of 3 years. On 9 December 1976, the applicant was discharged under the provisions of chapter 10 of Army Regulation 635-200 (Personnel Separations), for the good of the service, and he was issued an Undesirable Discharge Certificate. However, many Soldiers enlisted at a young age and went on to complete their enlistments and received honorable discharges.
ARMY | BCMR | CY2009 | 20090007097
The applicant requests that the "unsatisfactory performance" entry in item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed. On 28 May 1993, the applicant was honorably released from active duty (REFRAD) under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his service obligation. The...
ARMY | BCMR | CY2009 | 20090007098
The applicant states that his official military personnel file shows he went to Drill Sergeant School. The applicant's DD Form 214 does not show the Drill Sergeant Identification Badge as an authorized award. There is no evidence of record which shows the applicant was assigned as a drill sergeant to a training command.
ARMY | BCMR | CY2009 | 20090007099
The applicant requests that his undesirable discharge be upgraded to an honorable discharge. In this request he acknowledged that he could receive an undesirable discharge and that with such a discharge he would be deprived of many or all Army benefits. 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.
ARMY | BCMR | CY2009 | 20090007100
On 30 July 2002, the applicants immediate commander notified the applicant of his intent to initiate separation action against him in accordance with paragraph 14-12(c) of Army Regulation 635-200 (Personnel Separations) for misconduct citing his wrongful use of cocaine. On 13 October 2006, the ADRB granted the applicant relief in the form of an upgrade of his discharge to fully honorable. The "JKK" SPD code is the correct code for Soldiers separating under chapter 14-12(c) of Army...
ARMY | BCMR | CY2009 | 20090007102
The applicant states that he was wounded in action in Vietnam on 15 September 1968. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued at the time of his REFRAD shows that the applicant was awarded the Combat Infantryman Badge, Bronze Star Medal (BSM), National Defense Service Medal, Vietnam Service Medal (VSM), the Republic of Vietnam...
ARMY | BCMR | CY2009 | 20090007103
Application for correction of military records (with supporting documents provided, if any). DA Form 2A (Personnel Qualification Record, Part I) prepared on 27 July 1993, shows in Section IV (Service Date), item 12 (Deployment Indicator) the code "A." Therefore, his records should be corrected to show these awards.
ARMY | BCMR | CY2009 | 20090007104
There is evidence in the applicant's military records that show he was ordered to active duty after his release from ADT. It states, in pertinent part, that a DD Form 214 will be prepared for Reserve Component (RC) Soldiers completing 90 days or more of continuous active duty for training (ADT), Full-Time National Guard Duty (FTNGD), active duty for special work (ADSW), temporary tours of active duty (TTAD), or Active Guard Reserve (AGR) service. However, evidence of record shows that he...
ARMY | BCMR | CY2009 | 20090007107
The applicant's military records verify that he served in the Republic of Korea from 3 February 1986 to 17 February 1987. Although records verify the applicant's annual training in Iceland and Canada and his entitlement to the ARCOTR, his training occurred after the issuance of his 1987 DD Form 214 and there are no other separation documents contained in his records to list these awards. The Board also determined that the evidence presented was sufficient to show that the applicant was...
ARMY | BCMR | CY2009 | 20090007108
The applicant requests, in effect, that the DA Form 2627 (Record of Proceedings Under Article 15, UCMJ), dated 13 February 2009, be repealed and removed from his Official Military Personnel File (OMPF) and that his rank and pay grade of staff sergeant (SSG)/E-6 be reinstated and that he be given his original date of rank. The DA Form 2627 the applicant provided shows he was notified by his battalion commander on 11 February 2009 that consideration was being given whether he should be...
ARMY | BCMR | CY2009 | 20090007109
Application for correction of military records (with supporting documents provided, if any). Therefore, he is entitled to correction of his military records to show the award of the AGCM for the period 7 August 1996 to 6 August 1999. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214: a. the AGCM for the period 7 August 1996 to 6 August 1999; and b. the AAM and the AFSM.
ARMY | BCMR | CY2009 | 20090007113
The applicant requests, in effect, correction of his official military records to show that he was retired by reason of a physical disability rated at 30 percent or more. The evidence contained in the applicant's records does not show that he was unfit to perform his duties while he was in the Army. There is no evidence in the available record, nor has the applicant submitted any evidence, to show that he had a medically unfitting disability which required physical disability processing.
ARMY | BCMR | CY2009 | 20090007114
The FSM's military personnel records jacket (MPRJ) contains no orders or other documents that indicate he was ever recommended for or awarded the PH by proper authority while serving on active duty. In order to support awarding a member the PH, it is necessary to establish that the wound for which the award is being made required treatment by a medical officer. The FSM's record is void of any orders or documents that show he was ever recommended for or awarded the PH by proper authority...
ARMY | BCMR | CY2009 | 20090007119
On 8 September 2009, the applicant submitted a copy of a notarized statement, dated 1 September 2009, indicating that his spouse concurs with his decision not to participate in the SBP. On 8 September 2009, the applicant submitted a notarized statement signed by his spouse on 1 September 2009 that shows she mistakenly checked the non-concur block on the spouse concurrence/non-concurrence statement and that she concurs with her husbands (the applicants) election not to participate in the...
ARMY | BCMR | CY2009 | 20090007121
The applicant requests that his undesirable discharge be upgraded to honorable. Accordingly, the applicant was discharged with an undesirable discharge on 12 April 1972 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service. On 17 June 1974, the Army Discharge Review Board denied the applicant's request for a discharge upgrade.
ARMY | BCMR | CY2009 | 20090007127
The applicant requests correction of her military records to add her missing DA Form 67-9 (Officer Evaluation Report) and to be reconsidered for promotion to chief warrant officer five (CW5), pay grade W-5. The applicant was non-selected for promotion. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. submitting her records to a duly constituted selection board/advisory board for promotion consideration for CW5 under...
ARMY | BCMR | CY2009 | 20090007129
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that his under other than honorable conditions (UOTHC) discharge be upgraded. The evidence of record confirms that in his request for discharge, the applicant acknowledged his understanding that there were no provisions for an automatic review or upgrade of his discharge and that he would have to apply for an upgrade and/or change to the reason for his discharge...
ARMY | BCMR | CY2009 | 20090007132
IN THE CASE OF: BOARD DATE: 20 August 2009 DOCKET NUMBER: AR20090007132 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). The applicant's record contains a DD Form 293 (Application for the Review of Discharge or Dismissal From the Armed Forces of the United States), dated 10 November 2000, which shows the applicant submitted an application to the Army Discharge Review Board (ADRB) requesting that her...
ARMY | BCMR | CY2009 | 20090007133
The applicant requests, in effect, that his date of separation be corrected on his DD Form 214 (Certificate of Release or Discharge from Active Duty). Item 12b of the applicant's DD Form 214 shows that he was discharged from the Army on 22 December 1997. Evidence shows the applicant's separation date was 23 December 1997.
ARMY | BCMR | CY2009 | 20090007134
Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 31 December 1951 shows he was awarded the Army of Occupation Medal with Japan Clasp, Purple Heart, and the Combat Infantryman Badge. The FSMs DD Form 214 for the period 31 December 1951 shows he was awarded the Purple Heart, Army of Occupation Medal with Japan Clasp, and...
ARMY | BCMR | CY2009 | 20090007137
Application for correction of military records (with supporting documents provided, if any). The applicant states she has a DA Form 52-2 and a certificate of service that shows the FSM's rank was CW3. Item 1 (Service Identification) of this form shows the FSM's service number as W3 ___ ___ and his grade or rate as warrant officer.
ARMY | BCMR | CY2009 | 20090007142
The applicant requests that the records of his brother, a deceased former service member (FSM), be corrected to reflect award of the Purple Heart and the Army Good Conduct Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the FSM the Army Good Conduct Medal and the European-African-Middle Eastern Campaign Medal with one bronze service star. ____________x_____________ CHAIRPERSON I certify that herein is...
ARMY | BCMR | CY2009 | 20090007143
Item a (Enlistment Option) of the DA Form 3286-4 (Statement for Enlistment-Army Service School Enlistment Option) shows the applicant enlisted for course number 191-84D2O-Audio Specialist. Accordingly, the applicant was discharged on 16 June 1975. In order to justify correction of a military record, the applicant must show, to the satisfaction of the Board, or it must otherwise appear, that the record is in error or unjust.
ARMY | BCMR | CY2009 | 20090007144
The applicant requests, in effect, that a DD Form 214 (Certificate of Release or Discharge from Active Duty) be issued to cover all of his service in the U.S. Army Reserve (USAR). A DD Form 214 will be prepared for Reserve Component Soldiers completing 90 days or more of continuous active duty for training. A DD Form 214 is prepared only to record continuous periods of active duty (emphasis added).
ARMY | BCMR | CY2009 | 20090007146
On 23 June 2000, the separation authority approved the applicants discharge under the provisions of chapter 14 of Army Regulation 635-200 by reason of misconduct and directed he be furnished a general, under honorable conditions discharge. On 22 January 2008, the Army Discharge Review Board (ADRB) granted the applicant relief in the form of an upgrade of his discharge to fully honorable. The evidence of record confirms that the applicants narrative reason for separation was assigned...
ARMY | BCMR | CY2009 | 20090007147
IN THE CASE OF: BOARD DATE: 10 September 2009 DOCKET NUMBER: AR20090007147 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. At the time, a member must have made the election within 90 days of receiving the notification of eligibility to receive retired pay at age 60 or else wait until he/she applied for retired pay and elected to participate in the standard SBP. The evidence of record shows that prior to his retirement, the applicant was provided an opportunity to make an SBP election when...