ARMY | BCMR | CY2009 | 20090008511
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) by removing the Combat Medical Badge (CMB). There is also no evidence available to show the applicant was officially awarded the CMB. As a result, the Board recommends that all State Army National Guard and Department of the Army records of the individual concerned be corrected by deleting the "Combat Medical Badge-1" from his records to include item 13 of his DD Form 214 that was...
ARMY | BCMR | CY2009 | 20090008512
The applicant requests, in effect, that his DA Form 2627 (Record of Proceeding under Article 15, Uniform Code of Military Justice (UCMJ)), dated 26 April 2006, be removed from his Official Military Personnel File (OMPF). Paragraph 3-43 of the military justice regulation contains guidance on the transfer or removal of records of NJP (DA Form 2627) from the OMPF. It states, in pertinent part, that applications for removal of an Article 15 from the OMPF based on an error or injustice will be...
ARMY | BCMR | CY2009 | 20090008515
BOARD DATE: 14 October 2009 DOCKET NUMBER: AR20090008515 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The regulation states the reason for discharge based on the separation code of JGA" is Entry Level Performance and Conduct and the regulatory authority is Army Regulation 635-200, chapter 11. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge.
ARMY | BCMR | CY2009 | 20090008516
The advisory opinion states that the applicant received a Zone A bonus for his reenlistment on 21 December 2005 which disqualifies him for a Zone A bonus on his 29 April 2008 reenlistment. The evidence clearly shows the applicant reenlisted in good faith with the understanding he was eligible for the AGR SRB based on the authorized effective date of his reenlistment, 21 December 2008. In view of the foregoing, and in the interest of justice, it would be appropriate to correct the...
ARMY | BCMR | CY2009 | 20090008517
The VA rating decision provided by the applicant is new evidence which requires that the Board reconsider his request. 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. It...
ARMY | BCMR | CY2009 | 20090008520
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show three awards of the Bronze Star Medal and 17 additional awards of the Air Medal. The evidence of record shows the applicant served as a combat pilot during his service in the Republic of Vietnam. The evidence of record shows the applicant was awarded the Vietnam Service Medal.
ARMY | BCMR | CY2009 | 20090008522
Application for correction of military records (with supporting documents provided, if any). The DD Form 214 issued to the applicant upon his discharge shows he was separated under the provisions of paragraph 13-5a(1), Army Regulation 635-200 (Personnel Separations Enlisted Personnel), by reason of unfitness (Frequent involvement of a discreditable nature with authorities) and that he received a UD. This document also shows he completed a total of 2 years, 5 months, and 2 days of...
ARMY | BCMR | CY2009 | 20090008526
On 22 July 1969, the separation authority approved the applicant's request for discharge in lieu of trial by court-martial and directed that he receive an undesirable discharge. Army Regulation 635-200 provides that a general discharge is a separation from the Army under honorable conditions. _______ _ _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 | 20090008527
On 18 October 1990, he went AWOL and remained absent until he surrendered to military authorities at Fort Leavenworth on 15 January 1991 and was transferred to Fort Eustis. There is no evidence in the available records to show that he ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. The applicants contentions have been noted; however, he has failed to show through evidence submitted with his application or...
ARMY | BCMR | CY2009 | 20090008528
There are no general orders in his records that show he was awarded the Purple Heart and his medical records are not available for review with this case. However, the applicants name is not shown on the Vietnam casualty roster, his DA Form 20 does not indicate any combat wounds, his record is void of any orders that show he was awarded the Purple Heart, and his medical records are not available for review with this case. Notwithstanding the applicants sincerity, in the absence of...
ARMY | BCMR | CY2009 | 20090008529
The evidence of record shows that the applicant was deployed to Southwest Asia two times during his service in the Army. Based on the evidence of record, the applicant is entitled to a correction of item 18 of his DD Form 214 to shows the correct dates of his service in Iraq and to have his earlier deployment to Southwest Asia also shown on his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the...
ARMY | BCMR | CY2009 | 20090008533
Charge IV was for violation of Article 86 (one specification) for failing to go to morning formation. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. His conviction and discharge were effected in accordance with applicable law and regulations and the final discharge appropriately characterized the misconduct for which the applicant was convicted.
ARMY | BCMR | CY2009 | 20090008535
It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. However, there is no evidence of record that indicates he was ever unable to perform his military duties while on active duty. Evidence of record shows that the applicant was found unfit to perform his military duties by the WIARNG and he was issued a medical discharge, well after his release from active duty.
ARMY | BCMR | CY2009 | 20090008540
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On or about 28 September 2004, a joint investigation was initiated by DCIS and CID agents. The contentions of the applicant have been noted; however, there is no evidence in the applicant's available records and the applicant has not provided evidence that shows the DCIS or CID agents were biased towards him during the investigative process.
ARMY | BCMR | CY2009 | 20090008541
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter. However, his record contains a properly constituted DD Form 214 that shows he was discharged on 16 June 1982 under the provisions of chapter 14 of Army Regulation 635-200 for misconduct, frequent incidents of a discreditable nature with civil or military authorities, with a character of service of under other than...
ARMY | BCMR | CY2009 | 20090008543
The applicant requests upgrade of his general under honorable conditions discharge to an honorable discharge. He indicated that he understood that if he received a less than honorable discharge, he could make application to the Army Discharge Review Board (ADRB) or to the ABCMR for upgrading. Accordingly, he was discharged with a general, under honorable conditions discharge on 12 October 1984.
ARMY | BCMR | CY2009 | 20090008544
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, an upgrade of his under other than honorable conditions (UOTHC) discharge. Subsequent to receiving legal counsel, the applicant voluntarily requested discharge for the good of the service under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations).
ARMY | BCMR | CY2009 | 20090008548
The applicant requests, in effect, that his record be corrected to show he held the rank of sergeant (SGT) at the time of his release from active duty (REFRAD). It informed the applicant that the order he provided was not a promotion order and that the rank listed on the order could have been an error. He further indicated that no record was found to show he was ever promoted to SGT and that his records showed at the time of his REFRAD on 3 October 1969 and at the time of his discharge...
ARMY | BCMR | CY2009 | 20090008549
The commander directed the following: that further rehabilitation requirement be waived and that the applicant would be immediately separated under the provisions of chapter 14 of Army Regulation 635-200 with an under other than honorable conditions discharge. 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. Therefore, the Board determined that the overall merits of this case are...
ARMY | BCMR | CY2009 | 20090008552
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to add the Combat Action Badge (CAB) and the Iraq Campaign Medal (ICM). The applicant's service personnel record is void of any orders or other documents showing he was ever recommended for or awarded the CAB by proper authority while serving on active duty. Although the applicant's record is void of any orders indicating he was recommended for or awarded the CAB by proper...
ARMY | BCMR | CY2009 | 20090008555
The applicant's Enlisted Record Brief, dated 2 August 2006, shows her initial active duty assignment was effective 23 March 2004. The evidence shows the applicant enlisted in the Regular Army and entered active duty on 23 March 2004. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the following entries from her DD Form 214 for the period ending 15 September 2006: (1) Item 12a, "2000 08 29"; and (2) Item 13,...
ARMY | BCMR | CY2009 | 20090008556
Application for correction of military records (with supporting documents provided, if any). On 30 May 1996, the applicant was honorably retired, in the rank of SGT, after completing a total of 20 years, 2 months, and 12 days of active military service. The evidence of record shows the applicant was reduced to SGT for cause as a result of an NJP action on 13 July 1995.
ARMY | BCMR | CY2009 | 20090008558
Block 24 (Character of Service) of the DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to him at the time shows that he received a "General, (Under Honorable Conditions)" characterization of service. Block 28 (Narrative Reason for Separation) shows "Misconduct - Abuse of Illegal Drugs." The applicant's records show he was nearly 22 years of age at the time of his enlistment and there is no evidence that indicates the applicant was any less mature than other...
ARMY | BCMR | CY2009 | 20090008561
The applicant requests that his undesirable discharge be upgraded to an honorable discharge. On 12 June 1972, the applicant was discharged under the provisions of chapter 10 of Army Regulation 635-200, for the good of the service with an undesirable discharge. At the time of the applicant's separation the regulation provided for the issuance of an undesirable discharge.
ARMY | BCMR | CY2009 | 20090008562
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Armed Forces Expeditionary Medal. The evidence of record shows the applicant served in Kuwait from 9 January 1998 to 6 May 1998 in support of what appears to be Operation Southern Watch, which is a qualifying period for award of the Armed Forces Expeditionary Medal; therefore, he is entitled to award of the Armed Forces Expeditionary Medal and correction of his...
ARMY | BCMR | CY2009 | 20090008567
The FSMs military records are not available to the Board for review. It was during this operation during the Luzon campaign that the FSM was killed in action. As a result, the Board recommends that all Department of the Army records of the FSM be corrected by awarding him two awards of the Purple Heart for wounds received in action on 5 February 1945 and being killed in action on 22 April 1945.
ARMY | BCMR | CY2009 | 20090008568
The applicant requests correction of his military records by: a. paying him a non-prior service enlistment bonus in the amount of $2,500.00 per his Army National Guard (ARNG) enlistment contract, dated 22 February 1999; b. showing his foreign service in Iraq on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 5 February 2004; c. awarding him the Army Good Conduct Medal; and d. paying him an affiliation bonus per his U.S. Army Reserve (USAR)...
ARMY | BCMR | CY2009 | 20090008570
Item 24 (Character of Service) of the DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to the applicant upon separation shows he was discharged under other than honorable conditions. On 22 July 2003, the applicant submitted a DD Form 293 (Application for Review of Discharge or Separation from the Armed Forces of the United States) to the Army Discharge Review Board (ADRB) requesting an upgrade of his under other than honorable conditions discharge to an honorable...
ARMY | BCMR | CY2009 | 20090008573
Regular Army retirees and members of the Retired Reserve who are recalled to active duty under the provisions of Title 10 United States Code section 688(a) will be included in the active duty end strength. A member of the Army G-1 staff denied the applicant's request based upon their opinion that retirees recalled to active duty on ADOS orders are not eligible for Active Component special pays. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2009 | 20090008576
Application for correction of military records (with supporting documents provided, if any). The applicant provides a Statement for Commissioning AMEDD Officer, dated 8 October 2008, which indicates he would be commissioned into a Troop Program Unit in the rank of CPT and that he would be assessed into the ANC, USAR in the rank of CPT. An entry grade of CPT required constructive service beyond what the applicant was granted.
ARMY | BCMR | CY2009 | 20090008578
He states that he was given the date of 13 November 2008 as his effective date of rank to first lieutenant, which was the date that he completed the officer basic course (OBC), and that due to the length of his U.S. Army flight training, he was unable to complete the requirements of OBC by his promotion eligibility date (PED). In a memorandum, subject: Amendment to Policy Promotion of Second Lieutenants to First Lieutenant and Warrant Officer One to Chief Warrant Officer Two, dated 9...
ARMY | BCMR | CY2009 | 20090008580
BOARD DATE: 29 April 2010 DOCKET NUMBER: AR20090008580 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his record be corrected to show he completed sufficient qualifying service for a non-regular Reserve retirement at age 60 and that he be provided all back pay and allowances due as a result. Therefore, given he did not complete the 20 qualifying years for retirement necessary to qualify for retired pay at age 60, there is an insufficient evidentiary basis to...
ARMY | BCMR | CY2009 | 20090008588
The applicant requests correction of his military records to show that he was considered for promotion to staff sergeant during his mobilization. PLDC was a requirement for promotion to staff sergeant, pay grade E-6, in the AGR. The available evidence shows the applicant was promoted to sergeant, pay grade E-5, on 1 December 2002, while serving in a TPU.
ARMY | BCMR | CY2009 | 20090008597
This regulation provides that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or reason for discharge. The SPD/RE Code Cross-Reference Table indicates that a RE Code of 3 will be applied when the separation code is "JFL." The applicant's separation code of "JFL" is consistent with the basis for her separation; however, the applicable regulation states, in pertinent part, that a RE code of "3" is appropriate when the...
ARMY | BCMR | CY2009 | 20090008598
The applicant requests, in effect, that his Reserve Officers' Training Corps (ROTC) scholarship debt in the amount of $10,510.23 be waived or that his enlistment in the Regular Army, on 20 August 2004, be accepted in lieu of the ROTC scholarship debt. Although not provided for in the applicants DA Form 597-3, the applicant's 20 September 2004 enlistment in the Regular Army serves the same purpose as it would have served had he been ordered to active duty in the Army. As a result, the...
ARMY | BCMR | CY2009 | 20090008599
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 | 20090008600
Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who have completed a qualified period of active duty enlisted service. Therefore, it is reasonable to state that the applicant was personally present and under hostile fire while serving in his assigned infantry duty in an infantry unit that was actively engaged in ground combat with the enemy and should be awarded the Combat Infantryman Badge and have his...
ARMY | BCMR | CY2009 | 20090008601
The applicant requests correction of his records to show award of the Army Good Conduct Medal, marksmanship badges, and any other awards he is authorized. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.
ARMY | BCMR | CY2009 | 20090008603
IN THE CASE OF: BOARD DATE: 1 October 2009 DOCKET NUMBER: AR20090008603 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). His record does contain Headquarters, Americal Division, General Orders Number 6922, dated 23 July 1969, which awarded the applicant the Army Commendation Medal (ARCOM) for meritorious service in the RVN from January through July 1969.
ARMY | BCMR | CY2009 | 20090008604
The applicant states that it is his understanding that his discharge under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 10 (Discharge for the Good of the Service), will be upgraded to a general, under honorable conditions discharge after 6 months from the time of discharge. There is also no evidence in the available record, nor has the applicant submitted any evidence to show, that he was told that his discharge would be upgraded 6 months...
ARMY | BCMR | CY2009 | 20090008605
Application for correction of military records (with supporting documents provided, if any). 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the last name...
ARMY | BCMR | CY2009 | 20090008608
On 17 March 1976, the applicant's commander notified the applicant that he was initiating action to discharge him from the U.S. Army under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 13-5a(1), for unfitness. The applicant contends that his under other than honorable conditions discharge should be upgraded to an under honorable conditions (general) discharge because he was young and made only one mistake during the period of his military...
ARMY | BCMR | CY2009 | 20090008610
The PEB rated the applicant's condition 20 percent disabling and recommended separation with severance pay. Once a Soldier is determined to be physically unfit for further military service, percentage ratings are applied to the unfitting conditions from the VASRD. Although the applicant contends his disability rating should be changed to 30 percent and he should be placed on the Retired List, the evidence shows the PEB determined that he was unfit for further service and rated him at 20...
ARMY | BCMR | CY2009 | 20090008612
The applicant's request was approved by the appropriate authority. On 12 August 2005, the Army Discharge Review Board (ADRB) upgraded the applicant's UOTHC discharge to a general discharge. As such, the evidence shows that the applicant was properly discharged for the good of the service in lieu of trial by court-martial and there is no reason to change his discharge to a medical retirement.
ARMY | BCMR | CY2009 | 20090008614
The applicant requests, in effect, removal of information from U.S. Army Criminal Investigation Command (USACIDC, also known as CID) records. He claims that he was in a lot of pain with his back even with the medications provided by the Army doctors, that he could not get relief, and that he used cocaine to self medicate. The applicant has provided no evidence to show that the CIDs decision to conduct the report of investigation and title him was in error.
ARMY | BCMR | CY2009 | 20090008615
He was REFRAD on 31 December 2005 and during this period of active duty service he was awarded the Armed Forces Reserve Medal with "M" Device. However, only the first award of the Army Good Conduct Medal may be awarded for a period of less than 3 years. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show that he was awarded the Armed Forces Reserve Medal with "M" Device with Numeral 2.
ARMY | BCMR | CY2009 | 20090008616
Application for correction of military records (with supporting documents provided, if any). It states, in pertinent part, that 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 the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record. In order to justify correction of a military record the applicant must...
ARMY | BCMR | CY2009 | 20090008617
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 16 October 2002, to show: a. award of the Joint Service Commendation Medal; and b. The applicant also requests correction of his DD Form 214, dated 6 October 2004, to show the Joint Service Commendation Medal and the Army Reserve Components Achievement Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2009 | 20090008618
The applicant provides an Operation Allied Force Certificate; a memorandum for award of the Kosovo Campaign Medal; temporary change of station orders assigning the applicant's unit to the MFO mission in the Sinai, Egypt; an authorization to wear the MFO Medal; an MFO Certificate of Participation; a Total Army Personnel Command (TAPC) military personnel (MILPER) message pertaining to the NATO Medal; and a copy of his DD Form 214 in support of his application. He further provided a...
ARMY | BCMR | CY2009 | 20090008620
This letter notified the FSM that he had completed the required years of service and he would be eligible for retired pay upon application at age 60. The FSM's records indicate that he had no eligible dependents at the time he made his election and declined to participate in the RCSBP 3. Although the FSM had two opportunities during which to enroll the applicant in the RCSBP, his record is devoid of any evidence and the applicant has failed to provide any evidence that the FSM attempted to...