ARMY | BCMR | CY2009 | 20090007148
The applicant requests an upgrade of his dishonorable discharge to an honorable discharge. The applicant was separated with a dishonorable discharge on 7 December 1990. 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 | 20090007149
He argues that he clearly elected not to participate in the SBP on the DD Form 2656 and his spouse concurred. If the applicant elects to terminate his SBP participation at that time, he is advised that despite his action, the Reserve Component premium add-on will be deducted from his retired pay for life. He is further advised that in his particular case, he can withdraw from the SBP during a 1-year window beginning in December 2010, the second anniversary of his receipt of retired pay,...
ARMY | BCMR | CY2009 | 20090007151
The applicant requests, in effect, correction of his records to show he was granted 3 years and 2 days of constructive credit upon entry in the U.S. Army Reserve (USAR). The applicant requests correction of his records to show he was granted 3 years and 2 days of constructive credit upon entry in the USAR because he was awarded an MSN degree in December 2008. Records show the applicant was granted 1 year, 0 months, and 2 days of "years of service in an active status" upon appointment as a...
ARMY | BCMR | CY2009 | 20090007152
The applicant states that he would like his discharge upgraded because he was told by the company commander and others that his discharge would be changed to honorable 6 months after his discharge. There is no evidence in the available records that shows the applicant applied to the Army Discharge Review Board within its 15-year statute of limitations. The evidence of record shows the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 5-31, under the...
ARMY | BCMR | CY2009 | 20090007153
The applicant requests that his general discharge be upgraded to an honorable discharge. On 9 June 1972, the appropriate authority approved the applicant's request for discharge for the good of the service and directed that an Undesirable Discharge Certificate be issued and that he be reduced to pay grade E-1. His military records also contain no evidence which would entitle him to a further upgrade of his discharge to honorable.
ARMY | BCMR | CY2009 | 20090007155
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a reentry eligibility (RE) code of RE-1 or an RE code which would allow his enlistment in the U.S. Army Reserve (USAR). The applicant contends that his records should be corrected to show that he was furnished an RE-1 code or an RE code that will allow his enlistment in the USAR. The applicant has provided no evidence to show that the RE code that was assigned to him is in...
ARMY | BCMR | CY2009 | 20090007156
Application for correction of military records (with supporting documents provided, if any). Item 1 (Name) of the DD Form 214 he was issued shows his first name as "Recardo." The applicant contends that his DD Form 214 should be corrected to show his correct first name.
ARMY | BCMR | CY2009 | 20090007159
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. 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. Paragraph 3-27 of Army Regulation 601-210, then in effect, provided that RE codes may be changed only if they are determined to...
ARMY | BCMR | CY2009 | 20090007161
Application for correction of military records (with supporting documents provided, if any). 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. The applicant's records do not contain permanent orders showing he was awarded the Bronze Star Medal.
ARMY | BCMR | CY2009 | 20090007170
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not include the awards being requested by the applicant. The applicant's records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service, and he was promoted to sergeant in less than 2 years. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2009 | 20090007171
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 3 March 1969 to show award of the Purple Heart. There is no evidence in the available records and the applicant has not provided evidence that shows his injury was a result of hostile action. In the absence of military records which show the applicant was injured as a result of hostile action, there is an insufficient basis for award of the Purple...
ARMY | BCMR | CY2009 | 20090007176
However, his records contain a DD Form 214 that shows he was discharged on 29 October 1971 in pay grade E-1 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial with his service characterized as under conditions other than honorable. On 12 August 1977, the Army Discharge Review Board denied the applicant's petition for an upgrade of his discharge. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge...
ARMY | BCMR | CY2009 | 20090007178
On 24 August 1998, the applicant was notified by his unit commander that separation action was being initiated on him under the provisions of chapter 15-3b, Army Regulation 635-200, by reason of Homosexual Conduct, with an honorable discharge. It states that the basis for separation may include pre-service, prior service, or current service conduct or statements. There is no evidence in his record nor did the applicant state that he was told to admit to being a homosexual.
ARMY | BCMR | CY2009 | 20090007179
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his discharge be upgraded. There is no evidence the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.
ARMY | BCMR | CY2009 | 20090007180
The applicant served in Vietnam during a qualifying period; therefore, he is entitled to this award. Additionally, records show he participated in eight campaigns while serving in the Republic of Vietnam. There is no evidence of record which indicates the applicant is entitled to any additional awards.
ARMY | BCMR | CY2009 | 20090007181
The applicant requests that item 12a (Date Entered AD [Active Duty] This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 April 2006 be corrected. Item 12b (Separation Date This Period) of this DD Form 214 shows he was released from active duty on 26 April 2006. DISCUSSION AND CONCLUSIONS: The evidence of record supports the applicant's contention that item 12a of his DD Form 214 for the period ending 26 April 2006 is incorrect.
ARMY | BCMR | CY2009 | 20090007182
Army Regulation 135-178 (Separation of Enlisted Personnel), paragraph 7-11(C)(1), in effect at the time, provided for the discharge for misconduct when it was determined that the Soldier was unqualified for further military service by reason of abuse of illegal drugs. However, her overall record of service was considered at the time of her general discharge and the character of her service appears to be appropriate considering all of the facts of the case. There is no evidence of record,...
ARMY | BCMR | CY2009 | 20090007183
There are no orders in the applicants military records which awarded him any Army Commendation Medals. The applicant contends that he should be awarded the Iraq Campaign Medal, the Army Service Ribbon, and the Kuwait Liberation Medal, and that his military records should be corrected to show the award of the Army Commendation Medal with First Oak Leaf Cluster. __________X_______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the...
ARMY | BCMR | CY2009 | 20090007184
Application for correction of military records (with supporting documents provided, if any). On 30 March 1981, the separation authority approved the findings and recommendations of the board of officers in the applicant's case, and directed that the applicant be discharged under the provisions of paragraph 14-33b, Army Regulation 635-200 with an UOTHC discharge. All requirements of law and regulation were met, and the rights of the applicant were fully protected throughout the separation...
ARMY | BCMR | CY2009 | 20090007185
IN THE CASE OF: BOARD DATE: 10 SEPTEMBER 2009 DOCKET NUMBER: AR20090007185 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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. ABCMR Record of Proceedings (cont) AR20090007185 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF...
ARMY | BCMR | CY2009 | 20090007187
The applicant provided two recommendations, dated 2 May 1945, for award of the Bronze Star Medal for the period 14 March 1945 to 15 April 1945 . On 4 December 2007, the Military Awards Branch, U.S. Army Human Resources Command determined that there was insufficient documentation in the applicant's request to have the FSM's Certificate of Merit upgraded to the Bronze Star Medal to submit to the Army Decorations Board for consideration. Evidence of record confirms the FSM's chain of command...
ARMY | BCMR | CY2009 | 20090007189
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 18 January 1984, the separation authority approved the applicants request for discharge and directed that he be issued an under other than honorable conditions discharge. _______ _ 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 | 20090007193
The applicant requests correction of his records to show he was medically retired. His available medical records show the following: a. The Army must find that a Soldier is physically unfit to reasonably perform his duties and assign an appropriate disability rating before the Soldier can be medically retired or separated.
ARMY | BCMR | CY2009 | 20090007196
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that Headquarters, 1st Infantry Division General Court-Martial (GCM) Orders Number 38, dated 29 November 2002, be removed from his Official Personnel Military File (OMPF). 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...
ARMY | BCMR | CY2009 | 20090007198
Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. Therefore, it would be appropriate to award the applicant the first award of the Good Conduct Medal and correct his records to show this award. 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 | 20090007199
Application for correction of military records (with supporting documents provided, if any). 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. _______ _ _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 | 20090007200
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 $33,000.00 (exclusive of MGIB benefits) were authorized by the official processing you for enlistment and the Government fails to pay the full amount under the appropriate provisions and such failure results in nonpayment of ACF benefits in the amount of $33,000.00 over the amount of the MGIB benefits, the Army may pay said benefits in...
ARMY | BCMR | CY2009 | 20090007201
On 12 October 1972, the unit commander notified the applicant of his recommendation for his discharge under the provisions of Army Regulation 635-206 by reason of conviction by a civil court. He requested representation by counsel, consideration of his case before a board of officers, and did not submit statements in his own behalf. On 30 April 1974 and 5 March 1984, the Army Discharge Review Board denied the applicant's request for an upgrade of his discharge.
ARMY | BCMR | CY2009 | 20090007202
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 | 20090007205
[The applicant] was personally present and under hostile fire in a unit actively engaged in ground combat with the enemy." The Soldier must [not] be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge. It also states that award of the CAB is authorized from 18 September 2001 to a date to be determined.
ARMY | BCMR | CY2009 | 20090007212
Application for correction of military records (with supporting documents provided, if any). As a result, there is insufficient evidence to show he was suffering from a disabling condition that rendered him unfit to perform the duties of his grade and specialty, or that medically disqualified him from further service at the time of his separation. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise...
ARMY | BCMR | CY2009 | 20090007214
On 30 November 2006, an MEB diagnosed the applicant with cervical spondylosis with radiculopathy status post C4-C5 anterior cervical diskectomy effusion; right shoulder rotator cuff tendonitis, bilateral knee retropatellar pain syndrome, and chronic low back pain. Rated for pain as minimal/frequent. 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 | 20090007224
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his undesirable discharge be upgraded to a general discharge. On 29 March 1978, the Army Discharge Review Board denied the applicant's request for a discharge upgrade.
ARMY | BCMR | CY2009 | 20090007225
The applicant requests, in effect, that item 12a (Date Entered Active Duty (AD) This Period), item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), item 14 (Military Education), and item 18 (Remarks) of his final DD Form 214 (Certificate of Release or Discharge from Active Duty) issued on 31 October 2005 be corrected. The evidence of record confirms the applicant is eligible for the AFEM for his service in support of Operation Joint...
ARMY | BCMR | CY2009 | 20090007228
The applicant requests correction of his military records to show that he was voluntarily recalled to active duty in the rank of lieutenant colonel (LTC), pay grade O-5. Army Regulation 600-8-24 (Officer Transfers) provides, in pertinent part, that a commissioned officer must serve on active duty for 3 years in grade to retire in a rank above MAJ and below lieutenant general. The evidence clearly shows that the applicant was voluntarily recalled to active duty as a retiree in his retired...
ARMY | BCMR | CY2009 | 20090007229
The applicant states that her discharge was not based on any misconduct on her part but rather on her own request for separation. On 20 July 1978, the applicants immediate commander notified the applicant of his (the commander's) intent to initiate action to affect her (the applicant's) discharge from the Army under the provisions of chapter 13-4c of Army Regulation 635-200 (Personnel Separations) by reason of unsuitability. The discharge proceedings were conducted in accordance with law...
ARMY | BCMR | CY2009 | 20090007232
The applicant requests the removal of a DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)) dated 18 November 1998 from his Official Military Personnel File (OMPF). On 26 March 2009, the applicant's squadron commander, at the time, wrote a memorandum in support of removing the NJP from the applicant's OMPF. The squadron commander stated that the applicant has served with honor for more than 10 years since his infraction.
ARMY | BCMR | CY2009 | 20090007234
Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. As a result, it would also be appropriate to award him the first award of the AGCM for his qualifying period of honorable active duty service from 9 September 1966 to 16 September 1968, and to add this award to his record and DD Form 214 at this time. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2009 | 20090007236
He states that later, while stationed in Germany, his roommate was stealing money from him and he applied the same lesson learned in basic training. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. The applicant voluntarily requested discharge, admitted his guilt, and acknowledged that he could receive an under other than honorable conditions discharge.
ARMY | BCMR | CY2009 | 20090007237
Application for correction of military records (with supporting documents provided, if any). The applicant provides deployment orders, a Statement of Wartime Service, orders for the Army Good Conduct Medal, and a copy of his DD Form 214 for the period ending 29 May 2006 in support of his application. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding to item 13 of his DD Form 214 for the period ending 29 May 2006...
ARMY | BCMR | CY2009 | 20090007244
IN THE CASE OF: BOARD DATE: 24 September 2009 DOCKET NUMBER: AR20090007244 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. It further shows he was separated with a general under honorable conditions discharge under the provisions of paragraph 14-12b, Army Regulation 635-200 (Personnel Separations), for misconduct. The applicant requests that his general discharge be upgraded to an honorable discharge.
ARMY | BCMR | CY2009 | 20090007250
On 19 January 1981, the applicant was discharged with a characterization of service of under other than honorable conditions. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. There is no evidence in his records and he has not provided any evidence that shows he was beaten and raped by two fellow roommates or a sergeant.
ARMY | BCMR | CY2009 | 20090007255
The applicant states, in effect, that he was awarded the Army Commendation Medal, but he has no record of receipt of the award. There are no orders in his military personnel records awarding him the Army Commendation Medal. No evidence was found in his service personnel record to support addition of the Army Commendation Medal to the applicant's DD Form 214.
ARMY | BCMR | CY2009 | 20090007257
The applicant requests that his discharge under other than honorable conditions be upgraded to an honorable discharge. The appropriate authority approved the request for discharge on 28 March 1978 and directed the issuance of a discharge under other than honorable conditions. The fact that he was 17 years old at the time of his enlistment is not a basis for upgrading his discharge.
ARMY | BCMR | CY2009 | 20090007258
The applicant requests that his undesirable discharge be upgraded to honorable. There is no indication in the available records that the applicant applied to the Army Discharge Review Board for a discharge upgrade within its 15-year statute of limitations. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2009 | 20090007265
IN THE CASE OF: BOARD DATE: 20 October 2009 DOCKET NUMBER: AR20090007265 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. On 15 October 1986, the U.S. Army Court of Military Review ordered that the findings of guilty for Specifications 1 and 5 of the charge be set aside and dismissed and that the action of the convening authority, dated 19 July 1983, be set aside and the record of trial be returned to The Judge Advocate General for a new review and action by a different convening authority. ...
ARMY | BCMR | CY2009 | 20090007266
The applicant requests, in effect, that the Army Commendation Medal (ARCOM) be added to his DD Form 214 (Report of Separation from Active Duty), dated 11 December 1978. Although orders awarding the applicant the ARCOM is not contained in the available records, evidence of record confirms the applicant was awarded the ARCOM for meritorious service during the period 26 January 1976 to 15 December 1978, as evidenced by a DA Form 638, dated 8 November 1978; the 1st Cavalry Division letter...
ARMY | BCMR | CY2009 | 20090007269
The applicant requests that he be issued a new DD Form 214 (Report of Separation from the Armed Forces of the United States) that contains all of his authorized awards. The applicant's military records are not available to the Board for review. Army Regulation 600-8-22 (Military Awards) states that the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.
ARMY | BCMR | CY2009 | 20090007271
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect all of his authorized awards. The applicants DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit. The applicant served in four campaigns while in Vietnam and thus is entitled to be awarded four bronze service stars for wear on his...
ARMY | BCMR | CY2009 | 20090007275
On 9 December 1977 the applicant, after having consulting with counsel acknowledged that his commander was initiating actions to administratively separate him from active duty for misconduct and that he could receive a discharge under other than honorable conditions. The applicant was discharged on 10 April 1978, under the provisions of Army Regulation 635-200, paragraph 14-33b with his service characterized as under honorable conditions. The evidence shows the applicant was punished six...