ARMY | BCMR | CY2009 | 20090008230
The applicant requests that his discharge under other than honorable conditions be upgraded to an honorable or a general discharge. He states that had he known otherwise, he would not have been discharged. 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 | 20090008231
The applicant requests, in effect, correction of his records to show he had no eligible spouse at the time of his retirement and that he submitted a request to enroll his current spouse in the Survivor Benefit Plan (SBP) in a timely manner. The evidence of record shows that prior to his retirement in 1991, the applicant made an SBP election to decline all coverage. When the applicant attempted to enroll his new spouse in the SBP during the FY06 Open Season, he was incorrectly informed that...
ARMY | BCMR | CY2009 | 20090008232
Army Regulation 601-280 (Army Retention Program) states that the RE codes contained on military discharge documents determine whether or not one may reenlist in a military service at a later time. Not only did the applicant illegally use cocaine in the barracks, he did it while being absent from his place of duty. Furthermore, in addition to drug abuse being eligible for a bar to reenlistment, he was discharged in pay grade E-1 which also requires an RE-4 and precludes his reenlistment.
ARMY | BCMR | CY2009 | 20090008235
Application for correction of military records (with supporting documents provided, if any). The applicant was discharged on 17 July 1981 in pay grade E-1 under the provisions of Army Regulation 635-200 (Enlisted Separations), chapter 11, paragraph 11-2, as a result of court-martial and issued a BCD. The applicant has provided no evidence to show that his discharge was unjust at the time of his offense.
ARMY | BCMR | CY2009 | 20090008237
There is no evidence of record nor did the applicant submit any evidence that shows he was awarded the Basic Recruiter Badge, the gold achievement stars, or the sapphire achievement stars that are authorized for wear with the Basic Recruiter Badge. A review of the applicant's records show that he is not entitled to or authorized correction of his record to show any other awards or decorations. As a result, the Board recommends denial of so much of the application that pertains to award of...
ARMY | BCMR | CY2009 | 20090008239
The applicant states, in effect, that after being honorably released from active duty at the rank of SPC he enlisted in the Missouri Army National Guard (MOARNG) in May 1988 in the rank of SPC. However, overall service conduct alone is not a basis for upgrading a discharge and, upon review, the applicant's overall service conduct is not sufficient to mitigate the characterization of service he was given by the MOARNG on 20 August 1989. Evidence of record shows the applicant separated from...
ARMY | BCMR | CY2009 | 20090008240
There is no evidence of record or independent evidence which indicates the FSM ever completed a DD Form 1883 or a DD Form 2656 (SBP Election Change Certificate) electing to enroll in the RCSBP and/or that he elected "spouse only" coverage. Under the law in effect at the time, a member was required to make the RCSBP election within 90 days of receiving the 20-year letter or wait until he or she applied for retired pay at age 60 and elect to participate in the standard SBP. If he failed to...
ARMY | BCMR | CY2009 | 20090008243
The applicant requests correction of his military records to show that he attended every monthly drill with his unit from 4 August 1992 through 3 August 1997. The applicant provides, in support of his application, copies of his ARPC Form 249-E (Chronological Statement of Retirement Points), DD Form 214N (Armed Forces of the United States Report of Transfer or Discharge), orders to active duty, certificate for award of the Army Achievement Medal, Certificate of Achievement, Certificate of...
ARMY | BCMR | CY2009 | 20090008244
The applicant requests, in effect, correction to the records of her deceased former spouse, a former service member (FSM), to show he elected Survivor Benefit Plan (SBP) former spouse coverage. There is no evidence the FSM submitted a request to change his SBP election from spouse to former spouse coverage as a result of their divorce. As a result, the Board recommends that all Department of the Army records of the FSM concerned be corrected by: a. showing the FSM changed his SBP coverage...
ARMY | BCMR | CY2009 | 20090008245
The applicant was sentenced to forfeiture of all pay and allowances, confinement for 10 months, and to be discharged from the Army with a BCD. 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 change a discharge due to matters which should have been raised in the appellate process, rather it is only empowered to change the severity of the sentence imposed in the court-martial...
ARMY | BCMR | CY2009 | 20090008248
The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 16 August 1952, in support of his request. The applicants military records are not available to the Board for review. Although the applicant may have been beaten by his captors and was possibly injured during captivity, regrettably, absent evidence which conclusively shows that the applicant sustained wounds or injuries as a result of hostile action, and that he was...
ARMY | BCMR | CY2009 | 20090008249
The applicant, the ex-spouse of a deceased former service member (FSM), requests that the FSM's records be corrected to show he changed his Survivor Benefit Plan (SBP) coverage to former spouse coverage and that she be paid the SBP benefit payments. Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage (without the members agreement) in those cases where the member was participating in the SBP or was still on active duty and had not yet made an SBP...
ARMY | BCMR | CY2009 | 20090008250
However, by regulation, in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that it required treatment by military medical personnel, and a record of this treatment must have been made a matter of official record. The applicant's NPRC file is void of any order or other documents that show he was ever wounded in action, treated for a combat-related wound by military medical personnel, or...
ARMY | BCMR | CY2009 | 20090008252
The applicant provides a DFAS letter, dated 15 September 2008, which essentially states that as a result of his transfer from the TDRL to the Permanent Disability Retired List (PDRL) he was entitled to receive retired pay computed by one of two methods. The evidence of record shows that the applicant is currently receiving monthly compensation from the VA as a result of his disability. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2009 | 20090008256
BOARD DATE: 10 December 2009 DOCKET NUMBER: AR20090008256 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he completed the Survive, Evade, Resist, and Escape (SERE) High Risk (Level C) Course at the U.S. Army John F. Kennedy Special Warfare Center and School. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement,...
ARMY | BCMR | CY2009 | 20090008260
The applicant requests, in effect, award of the Army Good Conduct Medal (AGCM). Therefore, it would be appropriate to award him the AGCM for his qualifying honorable active duty service from 15 March 1966 through 14 March 1969, and by adding 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 awarding him the Army Good Conduct Medal for his qualifying honorable active...
ARMY | BCMR | CY2009 | 20090008262
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 19 June 1997 to show award of the Army Service Ribbon. There is no evidence in the applicant's available military records that shows he served overseas twice during his active duty service for the period 5 December 1996 through 19 June 1997. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...
ARMY | BCMR | CY2009 | 20090008263
The applicant requests that he be granted an entry grade credit in the rank of lieutenant colonel (LTC) O-5 in the U.S. Army Reserve (USAR). He continues by stating he was awarded a date of rank (DOR) of 14 April 2004 and he is eligible for promotion to the rank of LTC; however, he cannot be considered for promotion because he has not been affiliated for 12 months. It provides, in pertinent part, that to be considered for promotion by a selection board, a commissioned officer (other than a...
ARMY | BCMR | CY2009 | 20090008264
Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualifying 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. deleting from item 24 of his DD Form 214 the Vietnam Service Medal and the Air...
ARMY | BCMR | CY2009 | 20090008265
There is no evidence of record or independent evidence provided by the applicant that shows the FSM ever made the Former Spouse SBP election directed in the divorce decree, or that the applicant requested a deemed election be made within one year of their divorce. Title 10, U.S. Code, Chapter 73, provides that a spouse loses status as an SBP beneficiary upon divorce; however, the means by which the divorced (former) spouse may receive a survivorship annuity are: (1) if the service member...
ARMY | BCMR | CY2009 | 20090008268
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he was released from active duty on an unspecified date in June 1999 instead of 19 September 1997. The evidence of record shows the applicant enlisted in the RA on 28 January 1997 and was honorably released from active duty on 19 September 1997. With respect to his USAR service, the evidence of record shows that upon his release from active service on 19 September 1997,...
ARMY | BCMR | CY2009 | 20090008270
The applicant requests reconsideration of an earlier request that her military records be corrected to show she elected not to participate in the Survivor Benefit Plan (SBP) and that she be reimbursed for all of the deductions from her retired pay. The applicant provides a DD Form 2656-2 (SBP Termination Request), dated 1 May 2009. Although the applicant's spouse concurred with her SBP election on the DD Form 2656, this form reflects that the applicant made no SBP beneficiary election and...
ARMY | BCMR | CY2009 | 20090008272
Table 2-1 (Composition of the OMPF) of this Army regulation shows that the DA Form 1059 is filed on the performance section of the OMPF. The evidence of record shows that the applicant failed to achieve course standards for Phase II of 19D BNCOC from 22 May 2008 to 2 July 2008. In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.
ARMY | BCMR | CY2009 | 20090008274
The applicant requests that he be paid $40,000 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 nonpayment...
ARMY | BCMR | CY2009 | 20090008280
Her DA Form 2-1 (Personnel Qualification Record), block 5 (Overseas Service), shows service in Korea from 18 January 1998 through 31 December 1998 (11 months and 14 days) and in Germany from 1 April 2002 through an unidentified date. All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM; d. service members may be awarded both the GWOTEM and the GWOTSM if they meet the...
ARMY | BCMR | CY2009 | 20090008281
The applicant requests, in effect, that his undesirable discharge be upgraded to an honorable discharge. The applicant's record shows he was charged with the commission of an offense punishable under the UCMJ with a punitive discharge and he voluntarily requested discharge under the provisions of chapter 10, Army Regulation 635-200 to avoid trial by court-martial. The applicant's record is void of any evidence, and he has failed to provide any evidence that shows he requested a clemency...
ARMY | BCMR | CY2009 | 20090008282
In a memorandum for the Commander, Medical Holding Company, dated 11 May 1997 [sic], a Department of the Army Alcohol and Drug Counselor stated that the applicant was initially seen at the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) on 8 August 1997 after being medically referred by the Community Mental Health Services at Fort Gordon, Georgia, and that during his evaluation, the applicant gave information about his history of alcohol use. The counselor stated that due to...
ARMY | BCMR | CY2009 | 20090008284
The applicant requests correction of his records to show he was discharged due to a shoulder injury that occurred during basic combat training. On 3 April 2009, the applicant's immediate commander notified the applicant of his intent to initiate separation action against him under the provisions of paragraph 5-17 of Army Regulation 635-200 (Personnel Separations) by reason of other physical and/or mental medical conditions not compatible with military service. The evidence of record shows...
ARMY | BCMR | CY2009 | 20090008287
On 17 December 1987, court-martial charges were brought against the applicant for absenting himself without authority from his unit from 19 October 1987 and remaining so absent until 8 December 1987. On 17 December 1987, the applicant voluntarily submitted a request for discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, for the good of the service. The applicable regulation shows that the characterization of service for this...
ARMY | BCMR | CY2009 | 20090008296
On 16 October 2007, the applicant completed a DD Form 2656 and elected SBP coverage for his spouse based on the full gross pay without supplemental SBP. The applicant completed DD Form 2656 electing spouse coverage on 16 October 2007 and completed a DD Form 2656-6 on 29 April 2009; however, there was no Open Season in effect at the time he completed the DD Form 2656 and/or the DD Form 2656-6. In order to justify correction of a military record the applicant must show to the satisfaction of...
ARMY | BCMR | CY2009 | 20090008298
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. Evidence of record shows that the applicant was 19 years old at the time of his offenses. _______ _ __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 | 20090008301
Rather, it is only empowered to change the severity of the sentence imposed in the court-martial process and then only if clemency is determined to be appropriate. Evidence of record shows the applicant was convicted by a General Court-Martial and the findings and sentence were affirmed by the U.S. Army Court of Military Review. After a thorough review of the applicants record and issues the Board found no basis for granting clemency in this case.
ARMY | BCMR | CY2009 | 20090008303
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 8 April 2005 to show his separation date as 30 April 2005. There is no evidence of record and the applicant has provided none to show he served on active duty beyond this date. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.
ARMY | BCMR | CY2009 | 20090008310
The applicant requests correction to his DD Form 214 (Report of Separation from Active Duty) to show his award of the Combat Infantryman Badge (CIB). The applicant states, in effect, that he was awarded the CIB on the same date he was awarded the Army Commendation Medal. There are no orders in the applicants service personnel records that show he was awarded the CIB.
ARMY | BCMR | CY2009 | 20090008311
There is no evidence in the available records or the documents provided by the applicant which shows that he was either recommended for or awarded the Purple Heart. The applicant provides a photo of an object he states is a portion of the shell casing which was recovered at the platoon's campsite and given to him by his lieutenant. ABCMR Record of Proceedings (cont) AR20090008311 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont)...
ARMY | BCMR | CY2009 | 20090008314
He was discharged on 28 January 1975 after just 9 months and 13 days of total active service. Soldiers who worked with Pershing Missiles required Personnel Reliability Program (PRP) certification. A discharge may be upgraded by the Army Discharge Review Board (ADRB) within its 15-year statute of limitations or this Board if either determines the discharge was improper or inequitable.
ARMY | BCMR | CY2009 | 20090008315
The applicant requests, in effect, correction of his records to show he was given a battlefield commission to the rank of first lieutenant during his combat service in Vietnam. The applicant's military records show he was inducted into the Army of the United States in pay grade E-1 on 16 April 1969 for 2 years. ___________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 | 20090008317
The applicant requests, in a DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States), which has been accepted as an application for the correction of military records, in effect, that his undesirable discharge, with his service characterized as under other than honorable conditions, be upgraded to a general discharge, under honorable conditions. On an unspecified date in December 1974, the applicant voluntarily submitted a request for discharge under...
ARMY | BCMR | CY2009 | 20090008319
There is no evidence of record which indicates he applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge. For those who elected discharge, a Joint Alternate Service Board composed of military personnel would establish a period of alternate service of not more than 24 months that the individuals would perform. There is no evidence in the applicant's records and the applicant did not provide any evidence that shows he completed his required period of alternate service.
ARMY | BCMR | CY2009 | 20090008321
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, upgrade of his undesirable discharge to a more favorable discharge. However, his records do contain a duly-constituted DD Form 214 which shows that the applicant was discharged on 5 December 1969 with an undesirable discharge, characterized as under other than honorable conditions, under the provisions of Army Regulation 635-212 (Personnel Separations - Discharge...
ARMY | BCMR | CY2009 | 20090008325
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that his nonjudicial punishment (NJP) be set aside and that the DA Form 2627-1 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)) dated 9 November 1971 be removed from his Official Military Personnel File (OMPF). Therefore, lacking evidence to establish that the applicant did not commit the misconduct for which NJP was imposed or...
ARMY | BCMR | CY2009 | 20090008337
The applicant requests, in effect, retroactive payment of Multi-year Special Pay (MSP) and Multi-year Incentive Special Pay (MISP) for the period covering 1 July 2007 to 30 June 2011. There is no evidence in the applicant's military records that shows he was authorized MSP in the amount of $25,000.00 or MISP in the amount of $15,000.00 for the period 1 July 2007 to 30 June 2011. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2009 | 20090008350
The applicant requests correction of his records to show award of the Purple Heart. While the applicant contends he was wounded and his commander told him that he had recommended him for award of the Purple Heart, there is no evidence in his available military personnel records nor any corroborating evidence which shows he was wounded or injured as a result of hostile action or he was recommended for or awarded the Purple Heart. In the absence of evidence that shows the applicant was...
ARMY | BCMR | CY2009 | 20090008351
Had his DOR been determined prior to the FY05 Captains Promotion Board, he alleges that he would have been able to request a waiver based on an Officer Evaluation Report (OER) covering Army service as a platoon leader, five OERs covering three years of service as a commissioned officer in the U.S. Coast Guard (USCG), and the rules governing an inter-service transfer which grants promotion based on prior service. The applicant received an OER from the USCG for the period covering 1 October...
ARMY | BCMR | CY2009 | 20090008360
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 award of the Combat Infantryman Badge (CIB). The regulation stipulates that combat service and campaign participation alone does not qualify a member for the CIB.
ARMY | BCMR | CY2009 | 20090008362
The applicant states that he was only 17 years old at the time of his enlistment and that he was 19 years old at the time of his discharge. The applicant submits two Letters of Commendation dated 14 May 1973. Considering the nature of his court-martial offenses and his overall record of service, it does not appear that his undesirable discharge is too severe.
ARMY | BCMR | CY2009 | 20090008363
The evidence of record shows the applicant held an infantry MOS and served in an infantry MOS while assigned to infantry companies in Vietnam; however, there are no orders for the Combat Infantryman Badge. Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case. _________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...
ARMY | BCMR | CY2009 | 20090008365
Application for correction of military records (with supporting documents provided, if any). All documents and orders in his Official Military Personnel File (OMPF), which include a DA Form 1999 (Physical Evaluation Board (PEB) Proceedings), dated 30 September 1975; Department of the Army, United States Army Military Personnel Center, Letter Orders Number D 11-351(disability retirement orders), dated 25 November 1975; and the DD Form 214 issued to the applicant on 10 December 1975, all list...
ARMY | BCMR | CY2009 | 20090008366
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that his dates of service in Southwest Asia be shown in item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty). The applicant's information and the DFAS confirmation of his inclusive dates of service in Southwest Asia are accepted as sufficient evidence on which to amend item 18 of his DD Form 214 to show he served in Southwest Asia.
ARMY | BCMR | CY2009 | 20090008372
Application for correction of military records (with supporting documents provided, if any). The applicant states that although he was discharged for a" pattern of misconduct" he was an outstanding Soldier. Since being discharged from active duty he has been an outstanding citizen without any issues regarding his conduct.