ARMY | BCMR | CY2009 | 20090010113
The applicant requests upgrade of his undesirable discharge to an honorable discharge. The applicant requests upgrade of his undesirable discharge to an honorable 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 | 20090010115
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show that he completed his full term of active duty service. The special instruction on his discharge order regarding credit for a completed active duty term of service was not recorded in Item 27 (Remarks) of his DD Form 214. The applicant's records clearly show that he was released from active duty for the purpose of assignment to a USAR unit.
ARMY | BCMR | CY2009 | 20090010117
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), effective 25 May 1972, to show all of his awards to include the Combat Infantryman Badge and the National Defense Service Medal. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS). ...
ARMY | BCMR | CY2009 | 20090010119
Department of the Army Personnel Policy Guidance, in effect at the time of the applicant's mobilization, paragraph 10-3, provided that RC Soldiers who voluntarily requested to serve beyond their 24-month mobilization authorized under the provisions of Title 10, U.S. Code could request an extension under the policy guidance for COTTAD. Department of the Army Personnel Policy Guidance, in effect at the time of the applicant's mobilization, stated that the COTTAD policy applied to Soldiers in...
ARMY | BCMR | CY2009 | 20090010121
Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service. The available evidence shows the applicant was awarded a qualifying infantryman MOS and he was assigned to an infantry unit of brigade, regimental, or smaller size while in the Republic of Vietnam. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2009 | 20090010132
The applicant's available records do not show the applicant's punishment for this misconduct. He had completed 2 years, 5 months, and 23 days of creditable active service and he had 187 days of lost time. 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 | 20090010134
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Achievement Medal, the Army Good Conduct Medal, and his overseas service in the Federal Republic of Germany. The applicant contends that his DD Form 214 should be corrected to show award of the Army Achievement Medal, the Army Good Conduct Medal, and his overseas service in the Federal Republic of Germany. As a result, the Board recommends that all...
ARMY | BCMR | CY2009 | 20090010137
Army Regulation 600-8-22 (Military Awards) provides for the following awards: a. The evidence of record shows the applicant served a qualifying period for award of the Global War on Terrorism Service Medal which is not shown on his records; therefore, he is entitled to correction of his records to show this award. With respect to the Overseas Service Ribbon, the available evidence shows the applicant completed a period of 6 months and 10 days of foreign service in support of OEF in Kuwait.
ARMY | BCMR | CY2009 | 20090010139
The available evidence shows that two general orders were published awarding the applicant the Bronze Star Medal for meritorious service during an overlapping period. Therefore, the applicant's records should be corrected to show only one award of the Bronze Star 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; b. awarding him the Army Good...
ARMY | BCMR | CY2009 | 20090010141
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Joint Meritorious Unit Award, Global War on Terrorism Service Medal, and the Global War on Terrorism Expeditionary Medal. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it...
ARMY | BCMR | CY2009 | 20090010143
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) ending on 2 June 1995 to show completion of the Practical Nurse Course, Phases I and II. The applicant contends that his DD Form 214 should be corrected to show his Practical Nurse training.
ARMY | BCMR | CY2009 | 20090010144
IN THE CASE OF: BOARD DATE: 12 January 2010 DOCKET NUMBER: AR20090010144 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicants DD Form 2656-11 shows that on 8 January 2009 he verified that he had been notified by DFAS of the requirement to have 360 plus months toward Paid-Up SBP. Effective 1 October 2008, no reduction may be made in the retired pay of a participant in the SBP for any month after the later of : (1) the 360th month for which the participants retired pay is...
ARMY | BCMR | CY2009 | 20090010148
Additionally, he requests that his social security number on the orders for the award of the BSM, ARCOM, and the CMB be corrected. There are no orders in his available records to show that he was awarded the ARCOM. 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 the applicant's 18 March 1970 DD Form 214 the Combat Medical Course; b. adding to item 24 of the applicant's 18 March 1970 DD Form...
ARMY | BCMR | CY2009 | 20090010149
There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2009 | 20090010150
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) for the period ending 10 February 1946 to show award of the Bronze Star Medal (BSM) and the Combat Medical Badge (CMB). Evidence of record shows that the applicant was awarded the CMB. Evidence also shows he was awarded the BSM by general orders for meritorious service on 15 May 1945.
ARMY | BCMR | CY2009 | 20090010151
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 13 August 1975 to show award of the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 caliber), award of the Cold War Recognition Certificate which he refers to as the Cold War Medal, and any other awards that he may be entitled to. There are no orders in...
ARMY | BCMR | CY2009 | 20090010153
BOARD DATE: 6 October 2009 DOCKET NUMBER: AR20090010153 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant signed the DD Form 2656 under Section XI (Certification) which specifically states, in part, "Also, I have been counseled that I can terminate SBP participation, with my spouse's written concurrence, within one year after the second anniversary of commencement of retired pay. The applicant provided a Retiree Account Statement which shows the monthly deduction of his SBP...
ARMY | BCMR | CY2009 | 20090010159
The applicant states that the third award of the Meritorious Service Medal was not recorded on his DD Form 214. Permanent Orders 76-4, Headquarters, Sixth United States Army, dated 27 June 1980, awarded the applicant the Meritorious Service Medal with first oak leaf cluster for meritorious service during the period from 4 July 1977 to 21 April 1980. Therefore, his records should be corrected to show these two awards.
ARMY | BCMR | CY2009 | 20090010160
The applicant requests upgrade of his under other than honorable conditions discharge. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. The applicant has failed to provide evidence to show that the discharge was rendered unjustly, in error, or that there were mitigating circumstances which warrant the requested upgrade.
ARMY | BCMR | CY2009 | 20090010162
On 30 October 1970, the applicant consulted with counsel and requested a discharge for the good of the service in lieu of trial by court-martial under the provisions of chapter 10 of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel). The records show that the applicant was 19 years old at the time of his offenses. The applicant's record of service included four records of NJP and over 220 days of time lost due to AWOL.
ARMY | BCMR | CY2009 | 20090010165
The applicant requests correction of her records to show she was medically discharged instead of honorably released from active duty. Additionally, there is no evidence in the applicants records that indicate she underwent a medical evaluation board (MEBD) or a physical evaluation board (PEB). Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army PDES and sets forth policies, responsibilities, and procedures that apply in determining...
ARMY | BCMR | CY2009 | 20090010168
Application for correction of military records (with supporting documents provided, if any). The applicant's DD Form 214 (Report of Separation from Active Duty) shows that on 18 October 1976, under the provisions of Army Regulation 635-200, chapter 15, he was discharged with a character of service of under other than honorable conditions and issued an Undesirable Discharge Certificate. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently...
ARMY | BCMR | CY2009 | 20090010170
Application for correction of military records (with supporting documents provided, if any). The applicant, subsequent to this legal counsel, voluntarily requested discharge for the good of the service under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations - Enlisted Personnel). On 27 April 1981, the Army Discharge Review Board (ADRB), after carefully considering the applicant's military record and all available evidence, determined the applicant's discharge was...
ARMY | BCMR | CY2009 | 20090010173
Application for correction of military records (with supporting documents provided, if any). There is also no documented evidence of any RVN service or RVN service awards during these periods of service. The DA Forms 20 and DA Forms 2-1 covering his active duty service through 1976 confirm he completed overseas tours in Korea and Hawaii; however, they document no RVN service and list no RVN service awards or campaign participation.
ARMY | BCMR | CY2009 | 20090010175
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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to...
ARMY | BCMR | CY2009 | 20090010177
Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy. The evidence of record confirms the applicant served in the RVN from approximately 2 July 1967, as corroborated by USARV further assignment orders on file, through on or about 20 June 1968, which would be 11 days prior to his scheduled RVN departure date, which is corroborated by his testimony to the VA. As a result, it would be appropriate to document this RVN service in his record and on his DD Form 214. As a...
ARMY | BCMR | CY2009 | 20090010179
Application for correction of military records (with supporting documents provided, if any). Therefore, as an exception to policy, it would be appropriate to add the entry "Member Has Completed First Full Term of Service" to item 18 of his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the entry "Member Has Completed First Full Term of Service" to item 18 of his DD Form 214 and by providing him a...
ARMY | BCMR | CY2009 | 20090010181
The applicant requests reconsideration of the Army Board for Correction of Military Records (ABCMR) denial to correct his military records to show he was awarded the Army Commendation Medal. The Army Commendation Medal Certificate is new evidence which requires his case to be reconsidered by the ABCMR. There are no orders in the applicant's military service records awarding him the Army Commendation Medal.
ARMY | BCMR | CY2009 | 20090010182
The applicant requests reconsideration of his request for correction to the date of his commission in the United States Army Reserve (USAR) to the day after the date of his release from active duty in the Regular Army. The applicant submitted a copy of email correspondence from the Supervisor, Reserve Appointments Branch, HRC, St. Louis, wherein he was advised, in effect, that he would need to apply to ARBA to have his break in appointment corrected because he did not resign from the RA in...
ARMY | BCMR | CY2009 | 20090010189
The applicant requests, in effect, that his under other than honorable conditions (UOTHC) discharge be upgraded and that the reason for separation be changed. However, there is insufficient evidence to support this claim. Although the applicant's good character and post service conduct and the impact his war experiences had on him as attested to in the supporting statements are noteworthy, there is no evidence that he was suffering from any disabling physical or mental conditions during...
ARMY | BCMR | CY2009 | 20090010190
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that the date of birth (DOB) recorded in his military records be changed from 10 July 1934 to 10 August 1934. However, the evidence of record confirms the applicant entered, served in, and was retired from the Army using the DOB 10 July 1934 which is the DOB listed on all documents on file in his OMPF, to include his enlistment records, retirement documents, and...
ARMY | BCMR | CY2009 | 20090010192
On 26 September 1978, the separation authority approved the applicants request for discharge and directed that he receive an UOTHC discharge. The DD Form 214 he was issued at the time shows he was discharged under the provisions of chapter 10, Army Regulation 635-200 and that he received a UOTHC discharge. There is no evidence showing the applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge within that board's 15-year statute of limitations.
ARMY | BCMR | CY2009 | 20090010194
However, the record does include a DD Form 214 (Report of Separation from Active Duty) that shows he was separated under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations), for the good of the service and that he received a discharge UOTHC on 27 August 1979. Although an honorable discharge (HD) or GD is authorized, a UOTHC discharge is normally considered appropriate for members separated under these provisions. As a result, his overall record of service did not...
ARMY | BCMR | CY2009 | 20090010198
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, reconsideration of her earlier request for an upgrade of her under other than honorable conditions (UOTHC) discharge to an honorable discharge (HD). On 28 April 1997, the Army Discharge Review Board (ADRB), after careful consideration of the applicant's military records and all other available evidence determined that she had been properly and equitably...
ARMY | BCMR | CY2009 | 20090010200
The applicant's record shows that a physical evaluation board (PEB) determined she was physically unfit and recommended she be temporarily retired effective 5 October 1999, and that she be placed on the Temporary Disability Retired List (TDRL) effective 6 October 1999. The applicant's Official Military Personnel File shows she was advanced to the rank and pay grade of PV2/E-2, effective 7 October 1999. In this case, the evidence confirms the applicant held the rank and pay grade of PV1/E-1...
ARMY | BCMR | CY2009 | 20090010201
The applicant's records show he enlisted in the Regular Army and entered active duty on 9 January 1980. There are no medical records in the applicants available Official Military Personnel File (OMPF) that indicate he was suffering from a disabling mental or physical condition at the time of his discharge processing. A UOTHC discharge is normally considered appropriate for members separated under these provisions of the regulation.
ARMY | BCMR | CY2009 | 20090010202
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that his record and DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his rank as sergeant (SGT). The available evidence fails to show the applicant was promoted back to either SGT or SSG subsequent to his 10 August 1981 reduction to SP4.
ARMY | BCMR | CY2009 | 20090010204
Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows that during his active duty tenure he earned the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Republic of Vietnam Campaign Medal (RVNCM) with Device (1960), Army Commendation Medal (ARCOM), Air Medal (AM), CIB, Marksman Marksmanship Qualification Badge with Rifle (M-14 and M-16) and Machinegun (M-60) Bars, and two overseas service bars. Thus, these awards should also be added to his record and DD...
ARMY | BCMR | CY2009 | 20090010207
Application for correction of military records (with supporting documents provided, if any). However, the record does include a DD Form 214 (Report of Separation from Active Duty) that shows he was separated under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations), for the good of the service and that he received a discharge under other than honorable conditions (UOTHC) on 4 August 1971. In this case, although the death of his daughter was tragic, it alone did...
ARMY | BCMR | CY2009 | 20090010209
The applicant requests that his discharge under honorable conditions (general) be upgraded to a fully honorable discharge. Individuals in pay grades E-5 and above must be processed for separation upon discovery of a drug offense. _______ _ _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 | 20090010210
The applicant states, in effect, the three Army Commendation Medals (ARCOMs) and Bronze Star Medal (BSM) he earned in the Republic of Vietnam (RVN) and all awards he is eligible for should be added to his DD Form 214. The applicant's DA Form 20 (Enlisted Qualification Record) shows, in Item 41(Awards, Decorations and Campaigns), he earned the following awards during his active duty tenure: National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Republic of Vietnam Campaign Medal...
ARMY | BCMR | CY2009 | 20090010211
On 14 June 1988, the separation authority approved the applicants request for discharge and directed that he receive a UOTHC discharge. The DD Form 214 that was issued to the applicant shows he was discharged under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations Enlisted Personnel), for the good of the service in lieu of court-martial and that he received a UOTHC discharge. There is no evidence showing the applicant applied to the Army Discharge Review Board...
ARMY | BCMR | CY2009 | 20090010212
The applicant's record shows he accepted non-judicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) on the following six separate occasions for the offenses indicated: 3 June 1976, for being absent without leave (AWOL) and failing to go at the time prescribed time to his appointed place of duty; 10 December 1976, for being AWOL; 31 March 1977, for wrongfully urinating on the floor of the living quarters of his fellow platoon members and...
ARMY | BCMR | CY2009 | 20090010217
Application for correction of military records (with supporting documents provided, if any). When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge (HD). However, there is insufficient evidence to support granting the requested relief.
ARMY | BCMR | CY2009 | 20090010229
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant also states the Show Cause Board was flawed in several ways: (A) the board did not include a Medical Service Corps (MSC) officer as requested. On 27 November 2007, the applicant was punished under Article 15, UCMJ, for violation of a lawful general order, to wit: General Order Number 1B, (1) by wrongfully transferring pornographic or sexually explicit images of his private parts and female private parts through email...
ARMY | BCMR | CY2009 | 20090010230
On 13 December 2007 he was appointed as a warrant officer one (WO1) in the Oklahoma Army National Guard (OKARNG) and believes he should have been appointed in a higher rank due to his prior training and service. A second advisory opinion notes that in order to qualify for appointment as a WO2, a candidate must meet all training requirements. Since all Army aviators must be accessed as helicopter pilots (MOS 154A) first and the applicant had no training in helicopters, he could only be...
ARMY | BCMR | CY2009 | 20090010236
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that his dishonorable discharge (DD) be upgraded to a general under honorable conditions discharge. As a result, given the gravity of the offenses that led to his GCM conviction and DD, his overall record of service, and the passage of time are not sufficiently mitigating to support an upgrade of his discharge at this late date.
ARMY | BCMR | CY2009 | 20090010237
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Korea Defense Service Medal (KDSM). DISCUSSION AND CONCLUSIONS: The evidence shows the applicant served in Korea for over 30 consecutive days after 28 July 1954. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the KDSM to his DD Form 214.
ARMY | BCMR | CY2009 | 20090010241
Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage in those cases where the retiree had elected spouse coverage at retirement or was still on active duty and had not yet made an SBP election. The divorce decree from the applicant's divorce, dated 16 May 2008, shows that the applicant's former spouse should be named his SBP beneficiary and that the applicant's election to provide the SBP benefits to his former spouse should be continued and maintained...
ARMY | BCMR | CY2009 | 20090010245
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Good Conduct Medal (1st Award), two Army Achievement Medals, and a Certificate of Achievement. Therefore, it would be appropriate to award him the Army Good Conduct Medal for the period 1 February 1994 to 31 January 1997 and to correct his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records of the...