ARMY | BCMR | CY2009 | 20090007489
When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. 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. The evidence of record failed to establish a basis upon which clemency could be granted and upon which the severity of the punishment imposed could be...
ARMY | BCMR | CY2009 | 20090007495
All documents in his military records show he signed his signature using the initial "J." It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. The evidence of record further shows that the applicant was issued a DD Form 214.
ARMY | BCMR | CY2009 | 20090007498
The applicant states that the lack of response from his previous Rater and Senior Rater to his and other agencies telephone calls, emails, letters, and/or inquiries make it apparent that these two officials have no interest in redressing the issues in the contested NCOER, which is indicative of the nature of these two officials. g. In Part Vc (Overall Performance) he received a "Fair" rating, in Part Vd (Overall Potential) he received a "Poor" rating, and in Part Ve (Senior Rater Bullet...
ARMY | BCMR | CY2009 | 20090007503
Item 23a (Specialty Number and Title) of the applicant's DD Form 214 shows he held MOS 12B when he was released from active duty. The evidence shows that at the time the applicant was assigned to Vietnam he held MOS 62F. He was promoted in MOS 12B and on his release from active duty, he held this MOS as his primary MOS and MOS 62F as his secondary MOS.
ARMY | BCMR | CY2009 | 20090007507
The applicant requests that his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) be corrected to show his military occupational specialty (MOS) as a machine gunner and his rank as sergeant (SGT). As such, there is insufficient evidence in which to correct his WD AGO Form 53-55 to show that he was an SGT. 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 | 20090007509
The applicant provides his DD Form 214, dated 18 May 1998; two DD Forms 215 (Correction to DD Form 214); four certificates for completion of military training courses; four certificates for award of the Army Achievement Medal; two DA Forms 638-1 (Recommendation for Award); and orders for award of the Expert Infantry Badge (Silver). The available service record provides the following evidence concerning awards that should be included on the 1998 DD Form 214. a. For enlisted Soldiers with...
ARMY | BCMR | CY2009 | 20090007513
Application for correction of military records (with supporting documents provided, if any). She also states that her husband lied on her and testified against her for non-payment of spousal support, which resulted in her being court-martialed. Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted.
ARMY | BCMR | CY2009 | 20090007514
The applicant requests that his bad conduct discharge (BCD) be upgraded. Paragraph 3-11 of this regulation states that a Soldier will be given a BCD pursuant only to an approved sentence of a general or special court-martial. 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 | 20090007516
The applicant requests, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add the Combat Infantry Badge (CIB) and a bronze service star (denoting a combat parachute jump) to his Parachute Badge. While the applicant's DD Form 214 for the period ending 14 June 1967 shows his entitlement to the Vietnam Service Medal and Vietnam Campaign Medal, his DD Form 214 for the period ending 20 April 1971 does not. As a result, the Board...
ARMY | BCMR | CY2009 | 20090007517
She believed she had no option except to get out of the Army with what was happening between her friend's situation and the first sergeant and other Soldiers harassing her. The regulation shows that the SPD of JRB as shown on the applicant's DD Form 214 is appropriate for voluntary discharge when the narrative reason for discharge is a homosexual admission and the authority for discharge is Army Regulation 635-200, chapter 15, paragraph 15-3b. Although the applicant's discharge proceedings...
ARMY | BCMR | CY2009 | 20090007527
Pertinent Army regulations provide that prior to discharge or release from active duty individuals will be assigned reentry eligibility (RE) codes based on their service records or the reason for discharge. The evidence of record shows that, because she was separated for cause, the applicant's RE code should be "3." ____________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...
ARMY | BCMR | CY2009 | 20090007534
There is no evidence in the available records to show that he ever applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. 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 | 20090007538
She served as a personnel records specialist and was honorably released from active duty on 13 October 1979 in the rank of specialist four/E-4 under the provisions of Army Regulation 635-200, chapter 2, at the completion of required service. In support of her claim, the applicant previously submitted a copy of her DA Form 2-1 which shows three entries of "Pers Rcds Sp [personnel records specialist] (E5)" in item 35 (Record of Assignments) for principal duty. Evidence of record shows the...
ARMY | BCMR | CY2009 | 20090007539
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's military records are not available to the Board for review. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR) prescribes the policies and procedures for correction of military records by the...
ARMY | BCMR | CY2009 | 20090007549
On 18 January 2001, the separation authority approved the applicants request for discharge and directed that he receive a UOTHC discharge. The regulation does allow the issue of a GD, under honorable conditions or an honorable discharge (HD) if the separation authority determines it is warranted based on the member's overall record of service; however, a UOTHC discharge is normally considered appropriate for members separated under this provision of the regulation. Army Regulation 635-5-1...
ARMY | BCMR | CY2009 | 20090007557
Orders 299-505, dated 26 October 2007, appointed the applicant as a second lieutenant effective and with a date of rank of 8 September 2007. In view of the above, the applicants records should be corrected to show that he was appointed in the DEARNG and as a Reserve of the Army as a second lieutenant with a date of rank of 8 September 2007 and that he was granted Federal recognition on this date. As a result, the Board recommends that the state Army National Guard records and the...
ARMY | BCMR | CY2009 | 20090007558
The applicant requests, in effect, that his under other than honorable conditions discharge be upgraded to an honorable discharge. Records show the applicant received a Letter of Reprimand on 1 October 1981 for overall unsatisfactory performance. He has not provided any evidence to mitigate the actions that he took during his period of active service; therefore, he has not established a basis to justify upgrading his discharge.
ARMY | BCMR | CY2009 | 20090007565
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Records available to the Board indicate the applicant enlisted and entered active duty as a Regular Army Soldier on 15 February 1979. In April 1985 the applicant's unit commander initiated action to administratively separate him from the Army under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 14, for misconduct.
ARMY | BCMR | CY2009 | 20090007567
After making contact with the National Guard Bureau (NGB) Policy office, the State was instructed to convene a second board and to show on the NGB Form 89, in the "Applications Professional Qualifications" block, paragraph D the following comment, "The applicant [sic] effective date for appointment as provided by NGR 600-100 is 8 September 2007." In support of his application, the applicant provides a copy of a certificate showing he successfully completed the prescribed course of...
ARMY | BCMR | CY2009 | 20090007574
When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. The applicant's conviction and discharge were effected in accordance with applicable law and regulations and the discharge appropriately characterizes the misconduct for which he was convicted. Therefore, the applicant's record of service is insufficiently meritorious to warrant a general discharge or an honorable discharge.
ARMY | BCMR | CY2009 | 20090007580
Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army Physical Disability Evaluation System (PDES) and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating. The evidence of record in this case shows that the applicant was REFRAD on 7 October 2002, by reason of completion of...
ARMY | BCMR | CY2009 | 20090007581
The Applicants Professional Qualifications portion of the NGB Form 89 shows the entry The applicant [sic] effective date for appointment as provided by NGR 600-100 (Commissioned Officer-Federal Recognition and Related Personnel Actions) is 8 SEP 2007. He also executed a second oath of office as a 2LT in the DEARNG on the same date. If the member meets the qualifications and requirements for Federal Recognition, the Chief, NGB extends permanent Federal Recognition to the member in the...
ARMY | BCMR | CY2009 | 20090007583
IN THE CASE OF: BOARD DATE: 29 SEPTEMBER 2009 DOCKET NUMBER: AR20090007583 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be amended to show additional awards of the Army Commendation Medal and the Army Achievement Medal. The applicant provides a copy of her DD Form 214, two DA Forms 638 (Recommendation for Award), her DA Form 71 (Oath of Office), and two award certificates.
ARMY | BCMR | CY2009 | 20090007585
The applicant states, in effect, that he was erroneously enlisted on 9 February 1972 under the "Project 100,000" program because he was only 17 years and 40 days of age and because he did not meet the mental category scores required for enlistment. The applicant has provided no evidence to show that he was medically unfit or that he contracted hepatitis C while on active duty. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of...
ARMY | BCMR | CY2009 | 20090007588
The applicant requests correction to Item 12a (Date Entered Active Duty (AD) This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty). It also shows that he was discharged from the USAR DEP and enlisted in the Regular Army (RA) for 4 years on 3 August 1977, and his DA Form 2-1 (Personnel Qualification Record) confirms, in item 35 (Record of Assignments), that he entered active duty on 3 August 1977. The DD Form 214 for his initial period of active duty service...
ARMY | BCMR | CY2009 | 20090007590
His request was approved and, on 2 March 1992, he was honorably released from active duty under the provisions of paragraph 16-8, Army Regulation 635-200 (Personnel Separations Enlisted Personnel) by reason of for the Convenience of the Government: FY 92 Early Transition Program. He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or...
ARMY | BCMR | CY2009 | 20090007591
It advised him that he had only 90 days to submit his election or he would not be entitled to RCSBP coverage until he applied for retired pay at age 60. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The applicant contends that the government should have notified her that the FSM declined to elect coverage under the RCSBP and...
ARMY | BCMR | CY2009 | 20090007595
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. 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 Regulation 635-5 (Separation Documents), then in effect, provided that the entry for item 27 (Reenlistment Code) of the DD Form 214 for Army National Guard members released from active duty for training was "NA" (not applicable).
ARMY | BCMR | CY2009 | 20090007596
Application for correction of military records (with supporting documents provided, if any). This form also shows the following entries: a. item 12f (Foreign Service) does not show he completed any foreign service and b. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Good Conduct Medal (2nd Award), the National Defense Service Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism...
ARMY | BCMR | CY2009 | 20090007597
The applicant requests upgrade of his under other than honorable conditions (UOTHC) discharge to an honorable discharge (HD). On 14 July 1978, the separation authority approved the applicant's request for discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, for the good of the service in lieu of trial by court-martial. The record also shows the applicant voluntarily requested discharge to avoid a court-martial that could have...
ARMY | BCMR | CY2009 | 20090007599
The applicant requests an exception to policy to authorize payment of the outstanding balance of his student loans which were not originally paid off by the military under the Student Loan Repayment Program (SLRP). Records available to the Board indicate the applicant enlisted in the USAR on 11 June 1981 for a period of 6 years. The applicant's argument that he has a remaining balance of approximately $6,600.00 in outstanding student loans is not supported by any evidence of record or...
ARMY | BCMR | CY2009 | 20090007603
A search of the applicant's OMPF shows that no award orders are filed in his record for the four weapons qualification badges he requested or the Army Good Conduct Medal. Army Regulation 672-5-1 (Military 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2009 | 20090007606
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his under other than honorable conditions discharge be upgraded to general under honorable conditions. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.
ARMY | BCMR | CY2009 | 20090007608
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 4 August 1970 to show award of the Sharpshooter Marksmanship Qualification Badge. Therefore, it appears based on evidence from the above documents that the applicant's DD Form 214 and DA Form 20 show the correct title for the Vietnamese Translator service...
ARMY | BCMR | CY2009 | 20090007609
The applicant requests an upgrade of his under other than honorable conditions discharge to a general discharge. On 3 December 1971, the separation authority approved the applicant's discharge under the provisions of Army Regulation 635-212 by reason of unfitness and directed the applicant be furnished an Undesirable Discharge Certificate. On 9 December 1971, the applicant was accordingly discharged from the Army.
ARMY | BCMR | CY2009 | 20090007615
The applicant requests correction of her records to show she served on active duty for 3.5 years during the period 11 September 2001 through 12 August 2006. She also requests that a statement of non-rated time be placed in her Official Military Personnel File (OMPF) for the period between 1998 through 2008. In view of the foregoing, there is insufficient evidence or basis for granting the applicant any active duty credit for the time period requested.
ARMY | BCMR | CY2009 | 20090007619
She states, in effect, that she opened a checking account for her former husband who then mismanaged his personal financial accounts that led to a civil court judgment against her. She states that her separation was solely based on her former husband's misconduct. Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted Soldiers.
ARMY | BCMR | CY2009 | 20090007624
The applicant requests that his undesirable discharge be upgraded to a general discharge. He further acknowledged he understood that if his discharge request was approved, he might be discharged under conditions other than honorable and furnished an Undesirable Discharge Certificate. On 13 February 1987, the Army Discharge Review Board denied the applicant's request to upgrade his undesirable discharge to a general discharge.
ARMY | BCMR | CY2009 | 20090007626
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 to show his middle name as "M." He provided a copy of an Atascosa County District Court Order to Change the Name of an Adult that shows his middle name as "M." However, the document is insufficient evidence to show that his middle name of Maria as shown on his DD Form 214 should be corrected, and he has not shown that the Army's records are indeed...
ARMY | BCMR | CY2009 | 20090007628
The applicant requests that Notifications of Promotion Status, dated 27 February 2006, 4 August 2006, and 13 September 2006, be removed from his military records. He was informed that he still had a basis for further consideration by a DA SSB under the 2003 criteria; therefore, his record had been scheduled for consideration by the next appropriate promotion selection board. He was informed that he still had a basis for further consideration by a DA SSB under the 2004 criteria; therefore,...
ARMY | BCMR | CY2009 | 20090007629
The applicant requests, in effect, an upgrade of his general discharge to a fully honorable discharge. On 22 October 1984, the Fort Lewis Alcohol and Drug Control Officer provided a memorandum summarizing the applicant's rehabilitation efforts. On 3 December 1984, the applicant was separated from active duty under the provisions of chapter 9 of Army Regulation 635-200 for drug abuse rehabilitation failure and furnished a General Discharge Certificate.
ARMY | BCMR | CY2009 | 20090007630
The applicant also states that should the Board decide to deny relief in his case, he would like to be advised on how to resign his commission so he can enlist in the U.S. Army Reserve (USAR). Chapter 3 of Army Regulation 601-210 (Active and Reserve Components Enlistment Program ) refers to enlistment in the Regular Army, Army Reserve, or Army National Guard for prior service applicants. Since a request for a waiver is not a records correction, the applicant is referred to Army Regulation...
ARMY | BCMR | CY2009 | 20090007635
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant acknowledged that if his request for discharge is accepted, that he may be discharged under conditions other than honorable. The applicants DD Form 214 that shows he was discharged, on 24 August 1992, under the provisions of Army Regulation 635-200 (Personnel Separations Active Duty Enlisted Administrative Separations), chapter 10, with an UOTHC discharge.
ARMY | BCMR | CY2009 | 20090007641
He states he had 37 1/2 years of addiction to drugs and alcohol. However, his DD Form 214 shows he was discharged on 10 April 1972 under the provisions of Army Regulation 635-206 (Personnel Separations - Discharge -Misconduct (Fraudulent Entry, Conviction by Civil Court, AWOL, Desertion)), section IV, by reason of conviction by a civil court with an undesirable discharge. ___________x___________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings...
ARMY | BCMR | CY2009 | 20090007644
Records available to the Board indicate the applicant enlisted in the Army National Guard on 16 April 2003. On 25 April 2008 Headquarters, U.S. Army Garrison, Orders 116-0909 were issued at Fort Gordon, Georgia, retiring the applicant from active duty by reason of physical disability with a retirement date of 30 May 2008 and placement on the TDRL effective 31 May 2008 in the grade of SPC [specialist]. On 30 May 2008 the applicant was retired.
ARMY | BCMR | CY2009 | 20090007646
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 14 August 1998 to show the correct entries in item 12a (Date Entered Active Duty This Period), item 12c (Net Active Service This Period), and item 12d (Total Prior Active Service). Item 12a of the applicant's DD Form 214 for the period ending 14 August 1998 shows he entered active duty on 18 May 1992. However, item 12a of his DD Form 214 shows he entered active...
ARMY | BCMR | CY2009 | 20090007648
This item also shows that the applicant was discharged under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 14 (Misconduct), effective 4 January 1991. The applicant's DD Form 214 (Certificate or Release or Discharge from Active Duty) as corrected by a DD Form 215 (Correction to DD Form 214, Certificate or Release or Discharge from Active Duty), dated 14 January 1992, shows the applicant was discharged under the provisions of chapter 14 of Army Regulation 635-200...
ARMY | BCMR | CY2009 | 20090007653
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 1 March 1993, the separation authority waived the rehabilitation requirements and approved the applicant's discharge from the Army under the provisions of chapter 11, Army Regulation 635-200. When separated within the first 180 days,...
ARMY | BCMR | CY2009 | 20090007660
The applicant requests the former service member (FSM) be posthumously promoted to sergeant first class (E-7). The available service medical records do not include any records from the FSM's first period of active duty. The available evidence shows that the applicant was considered by the 1987 SFC promotion board but not selected for promotion.
ARMY | BCMR | CY2009 | 20090007668
The applicant requests, in effect, correction to Item 12b (Separation Date This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 18 December 1980. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. The evidence does not show the applicant served in an active duty status after 18 December 1980 long enough to qualify for the issuance of a DD Form 214.