ARMY | BCMR | CY2009 | 20090011664
Accordingly, on 16 January 1979, he was discharged with a general, under honorable conditions discharge under the provisions of Army regulation 635-200, chapter 13, for apathy. 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 within that boards 15-year statute of limitations. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of...
ARMY | BCMR | CY2009 | 20090011665
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal; Combat Infantryman Badge; Kuwait Liberation Medal, Saudi Arabia (KLM-SA); and the Kuwait Liberation Medal, Kuwait (KLM-K). It does not show award of the Army Commendation Medal, Combat Infantryman Badge, KLM-SA, or the KLM-K. 7. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2009 | 20090011670
The applicant requests correction of his records to show award of the Humanitarian Service Medal. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that his unit of assignment was awarded the Humanitarian Service Medal in support of the Kuwait Reconstruction Effort. Therefore, there is no evidence on which to base award of the Humanitarian Service Medal in this case.
ARMY | BCMR | CY2009 | 20090011676
Army Regulation 635-40 governs the evaluation for physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability. However, the USAPDA stated that there is no evidence that the PEB would have found the applicant's sleep apnea unfitting since the only condition reported by the applicant to cause him problems performing his duties were his knees; he had no physical profile limitations due to sleep apnea; his commander did not mention any...
ARMY | BCMR | CY2009 | 20090011678
The applicant contends that he received an Article 15, dated 15 April 2005, following an Army Regulation 15-6 investigation and the punishment imposed was a reduction to E-5. He claims the Article 15 was legally insufficient for two reasons: (1) the commander imposing it lacked the authority to promote or reduce his rank in accordance with paragraph 7-2 of Army Regulation 140-158 (Army Reserve/Enlisted Personnel Classification, Promotion, and Reduction) which states that a reduction for...
ARMY | BCMR | CY2009 | 20090011680
The PEB found that the applicant was physically unfit and recommended that he be discharged with severance pay with a 0 percent (%) disability rating. The Army system requires that the Soldier only be rated as the condition(s) exist(s) at the time of the PEB hearing. The applicant has not provided sufficient evidence to show that the evaluation and the rating rendered by the PEB was incorrect or that he should have received a higher disability rating at the time of his separation.
ARMY | BCMR | CY2009 | 20090011681
However, in this reconsideration, the applicant provided a copy of his WD AGO Form 53-55 that differs from the copy obtained from his available records in the following areas: Item 33 (Decorations and Citations) on the copy provided by the applicant shows the Purple Heart and the Presidential Unit Citation. The applicant provided a copy of his 5 July 1945 WD AGO Form 53-55 that shows he was awarded the Purple Heart for wounds in both thighs and the Presidential Citation. Although evidence...
ARMY | BCMR | CY2009 | 20090011682
Application for correction of military records (with supporting documents provided, if any). The regulation in effect at the time of the applicant's REFRAD provided for entering the statutory/regulatory authority for separation plus the SPD code in item 9c of the DD Form 214. As a result, the addition of these codes on the DD Form 214 is authorized by the governing regulation and there is no evidence of record or independent evidence provided by the applicant that would support a...
ARMY | BCMR | CY2009 | 20090011683
IN THE CASE OF: BOARD DATE: 12 January 2010 DOCKET NUMBER: AR20090011683 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). The applicant has not submitted any additional documentation which shows that the original Board's conclusion that his record of service is insufficiently meritorious to warrant a general or an honorable discharge" was in error.
ARMY | BCMR | CY2009 | 20090011690
The applicant requests that his general discharge be upgraded to honorable. A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter. Therefore, the applicant's record of service is insufficiently meritorious to warrant an honorable discharge.
ARMY | BCMR | CY2009 | 20090011691
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his discharge under other than honorable conditions be upgraded to a general discharge. He had far more bad time than he had good time during his service and given the lack of mitigating circumstances, there appears to be no basis for an upgrade of his discharge.
ARMY | BCMR | CY2009 | 20090011694
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that his record be corrected to show the Army Good Conduct Medal (AGCM) and seven other awards and badges he earned; and that he be provided a copy of his separation documents. As a result, it would be appropriate to award the applicant the AGCM for his qualifying period of honorable active duty service from 17 October 1974 through 16 October 1977 and to add this...
ARMY | BCMR | CY2009 | 20090011695
Application for correction of military records (with supporting documents provided, if any). There is no evidence to show that the applicant ever applied to the ADRB for an upgrade of his discharge within that board's 15-year statute of limitations. Therefore, in the absence of evidence to the show that the administrative separation processing and/or procedures were flawed, there appears to be no basis to grant his requested relief.
ARMY | BCMR | CY2009 | 20090011696
BOARD DATE: 1 December 2009 DOCKET NUMBER: AR20090011696 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that the Army Commendation Medal (ARCOM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 2 June 2009. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Army Commendation Medal to the list of awards contained in item 13 of his DD Form...
ARMY | BCMR | CY2009 | 20090011700
It provides that for item 12f, from the Enlisted Record Brief/Officer Record Brief (ERB/ORB), enter the total amount of foreign service completed during the period by the report. The evidence clearly shows that the applicant served during a qualifying period for award of the Iraq Campaign Medal with one bronze service star, Army Good Conduct Medal, and the Army Lapel Button. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2009 | 20090011701
The applicant requests, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show awards of the Good Conduct Medal (AGCM), the Republic of Vietnam Cross of Gallantry, the Republic of Vietnam Civil Actions Honor Medal and that his DD Form 214 be corrected to show he was released from active duty (REFRAD) in the rank of sergeant (SGT)/E-5. Although there is no evidence to show he was awarded the AGCM, there is sufficient evidence...
ARMY | BCMR | CY2009 | 20090011703
Therefore, he served a qualifying period for award of the Armed Forces Expeditionary Medal and should be entitled to correction of his records to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 the Armed Forces Expeditionary Medal. _______ _ x_______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction...
ARMY | BCMR | CY2009 | 20090011704
The applicant requests, in effect, that his bad conduct discharge (BCD) be upgraded to a general discharge (GD) under honorable conditions and that his Reentry Eligibility (RE) code be changed to either an RE code of 2 or 3. It states, in pertinent part, that the SPD code of JJD is the appropriate code to assign to Soldiers separating under the provisions of chapter 3, section IV, Army Regulation 635-200, by reason of court martial. Further, the evidence of record confirms the applicant...
ARMY | BCMR | CY2009 | 20090011706
On 4 November 2005, the appropriate authority approved the applicant's request for discharge in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10 and directed that applicant be discharged with a general, under honorable conditions discharge. 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. The SPD/RE Code...
ARMY | BCMR | CY2009 | 20090011708
The applicant requests correction of her records to show her Federal recognition date as 27 December 2007. The NGB recommended approval of the applicant's request to adjust her Federal recognition effective date and date of rank to first lieutenant from 24 January 2008 to 28 December 2007 based on National Guard Regulation 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions) as well as the Oaths of Office she signed. As a result, the Board recommends that the...
ARMY | BCMR | CY2009 | 20090011709
Army Regulation 600-8-22 provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. Based on the applicant's service in Iraq, he is eligible for award of the Iraq Campaign Medal with one bronze service star. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the first...
ARMY | BCMR | CY2009 | 20090011710
In the processing of this case, a staff advisory opinion was obtained from NGB which recommends approval of the applicant's request to be promoted and granted Federal Recognition for the rank of 2LT effective 5 August 2007 and for the rank of 1LT effective 5 February 2009 because National Guard Regulation 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions) provides that the effective date of Federal Recognition for original appointment is the date the...
ARMY | BCMR | CY2009 | 20090011711
The applicant requests that his bad conduct discharge be upgraded to an honorable discharge. A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant entered active duty this period on 8 February 2000 and he was discharged on 28 July 2006 with a bad conduct discharge under Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 3 (Character of Service/Description of Separation), based on court-martial (other). The applicant did not...
ARMY | BCMR | CY2009 | 20090011712
This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. Records show that the applicant participated in seven campaign periods during his service in the Republic of Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 13 of his DD Form 214 the Vietnam Service Medal and Republic of Vietnam Civil Actions...
ARMY | BCMR | CY2009 | 20090011713
IN THE CASE OF: BOARD DATE: 22 April 2010 DOCKET NUMBER: AR20090011713 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states: * he became promotable to captain on 9 January 2008 * 9 January 2008 was the agreed upon effective date of rank before multiple delays * the date of his State promotion and Federal recognition is 24 April 2008 * his promotion was delayed 225 days from the date he mobilized into a captain's position * he served in a captain's position for 8 months...
ARMY | BCMR | CY2009 | 20090011714
On 14 October 1997, the company commander notified the applicant that he was initiating action to separate him under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 14-12 for misconduct commission of a serious offense, based on testing positive on a urinalysis at least three times and for receiving two field grade Article 15s for the same offense (abusing marijuana and cocaine). The company commander's recommendation for separation noted...
ARMY | BCMR | CY2009 | 20090011716
On 8 March 1972, the applicant consulted with legal counsel and was advised of the basis for the contemplated trial by court-martial, the maximum permissible punishment authorized under the UCMJ, the possible effects of an under other than honorable conditions (UOTHC) discharge, and of the procedures and rights that were available to him. On 27 May 1980, the Army Discharge Review Board denied the applicant's request for an upgrade of his discharge. Army Regulation 635-200 (Personnel...
ARMY | BCMR | CY2009 | 20090011717
Therefore, he is entitled to correction of his records to show these unit awards. The available records show the applicant was awarded the Vietnam Service Medal and that he participated in three campaigns while serving in the RVN. 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 overseas service bar; b. awarding the applicant the Purple Heart...
ARMY | BCMR | CY2009 | 20090011718
Application for correction of military records (with supporting documents provided, if any). The applicant's records show he enlisted in the Regular Army for a period of 4 years on 20 July 1978. It states, in pertinent part, that the total amount of foreign service completed during the period covered by the DD Form 214 is entered in item 12f and is obtained from the Soldiers records.
ARMY | BCMR | CY2009 | 20090011720
Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Good Conduct Medal was awarded to individuals who had completed a qualifying period of active duty enlisted service. Therefore, he is entitled to award of the Good Conduct Medal (first award) for the period 18 March 1969 through 17 March 1971 and to correction of his records to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2009 | 20090011722
The applicant requests that he be paid $50,000.00 in Army College Fund (ACF) benefits as outlined in his enlistment contract. The applicants military records may be corrected to show his DA Form 3286-66 was amended to include the sentence, "If ACF benefits in the amount of $50,000.00 (exclusive of MGIB benefits) were authorized by the official processing you for enlistment and the Government fails to pay the full amount under the appropriate provisions and such failure results in...
ARMY | BCMR | CY2009 | 20090011724
Evidence of record shows that the applicant was awarded the ARCOM for service from 20 August 2001 to 20 May 2003 which was later revoked. The applicant insists and the evidence substantiates that the ARCOM certificate was revoked based on the applicant's failure to PCS and his subsequent deployment to Iraq. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing from the applicants OMPF: a. ARCOM certificate containing...
ARMY | BCMR | CY2009 | 20090011726
The applicant requests that diplomas showing award of a Bachelor of Science in Biology and Master of Arts in Marketing from Saint Regis University be expunged from his Official Military Personnel File (OMPF) and his education level on his ERB (Enlisted Records Brief) be corrected accordingly. Army appeal boards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. removing the Bachelor of Science in Biology and Master of...
ARMY | BCMR | CY2009 | 20090011735
The advisory opinion points out that the applicant was selected by the DA Colonel Army Promotion List board on 4 August 2006 and that he was not promoted to the rank of colonel until 30 April 2008. The evidence of record shows the applicant was selected for promotion to colonel on 4 August 2006 but not in an O-6 position, and at the time of his selection he was serving in an AGR status. There is no evidence to show he was eligible for promotion on 4 August 2006; however, it would be...
ARMY | BCMR | CY2009 | 20090011744
The applicant requests correction of his records to show he was transferred to the Retired Reserve instead of being discharged from the Indiana Army National Guard (INARNG) and transferred to the U.S. Army Reserve (USAR) Control Group (Individual Ready Reserve (IRR)). The evidence of record shows that having completed 20 qualifying years for non-regular retirement, the applicant was considered and selected by the CY01 and CY03 QRBs for retention beyond 20 years of qualifying service for...
ARMY | BCMR | CY2009 | 20090011747
The applicant states, in effect, that he was aware of his responsibilities while charge of quarters (CQ). The applicant's DD Form 214 shows that he was discharged, on 6 May 1993, under the provisions of chapter 3 of Army Regulation 635-200 (Personnel Separations), by reason of court-martial with a bad conduct discharge. 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 | 20090011751
The applicant requests, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Army Commendation Medal and that he completed the Artillery Chief of Section Course. The applicant provides a letter, dated 5 June 2009, from the National Personnel Records Center in St. Louis, Missouri; a copy of his DD Form 214; a DD Form 215 (Correction to DD Form 214); a Certificate of Graduation; and Letters of Commendation in support...
ARMY | BCMR | CY2009 | 20090011754
The applicant reenlisted in the Regular Army for a period of 3 years on 24 July 1970. The DD Form 214 he was issued shows the following entries in year(s), month(s), and day(s) format: a. item 12a (Date Entered [Active Duty] This Period), "1976 12 08"; b. item 12b (Separation Date This Period), "1989 06 30"; c. item 12c (Net Active Service This Period), "12 06 23"; and d. item 12d (Total Prior Active Service), "07 05 27." It provides a brief, clear-cut record of active duty service at the...
ARMY | BCMR | CY2009 | 20090011758
The separation authority could authorize an HD or a general under honorable conditions discharge (GD) if supported by the member's overall record of service; however, a UD was normally considered appropriate for members separating under these provisions. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) is the current regulation governing enlisted separations provides guidance for issuing an HD in paragraph 3-7a. Given the applicant's disciplinary history, his...
ARMY | BCMR | CY2009 | 20090011759
Application for correction of military records (with supporting documents provided, if any). Under the current regulation, chapter 5, paragraph 5-17, states commanders may approve separation under this paragraph on the basis of other physical or mental conditions not amounting to disability and excluding conditions appropriate for separation processing under paragraph 5-11 or 5-13 that potentially interfere with assignment to or performance of duty. Soldiers with 24 months or more of...
ARMY | BCMR | CY2009 | 20090011761
On 21 February 1990, the applicant submitted a DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States) to the Army Discharge Review Board (ADRB) requesting upgrade of his under other than honorable conditions discharge. The applicant's military personnel records do not contain any evidence or reference to an incident that occurred on 19 June 1988 in Milwaukee, WI, or that the applicant was hospitalized at that time. The applicant...
ARMY | BCMR | CY2009 | 20090011763
The applicant requests de facto promotion status for his erroneous promotion to sergeant (SGT)/E-5 during the period from 24 November 2007, the date of his erroneous promotion, to 15 March 2008, the last date he was paid as an E-5. The applicant provides: a. a DD Form 2789 (Waiver/Remission of Indebtedness Application), dated 27 October 2008; b. a DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 27 August 2008; c. a National Guard Bureau (NGB)...
ARMY | BCMR | CY2009 | 20090011764
The Board determined that the evidence presented was sufficient to warrant amendment of the decision of the Army Board for Correction of Military Records set forth in Docket Number AR20080018810, dated 14 May 2009, by adding the already-awarded GWOTEM to the applicants DD Form 214 for the period ending 30 April 2004. _________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 | 20090011765
The applicant provides his Statement for Enlistment - United States Army Enlistment Program and his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his application. The applicants military records may be corrected to show his Statement for Enlistment - United States Army Enlistment Program was amended to include the sentence, "If ACF benefits in the amount of $37,000.00 (exclusive of MGIB benefits) were authorized by the official processing you for...
ARMY | BCMR | CY2009 | 20090011766
Application for correction of military records (with supporting documents provided, if any). The applicant requests his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show all of his military time. The applicant wants his DD Form 214 corrected to show all of his military time.
ARMY | BCMR | CY2009 | 20090011767
The applicant provides the following documents in support of his application: a. U.S. Total Army Personnel Command Orders Number 162-057, dated 11 June 1999; b. a memorandum from National Guard Bureau (NGB), dated 13 December 2001; c. Joint Forces Headquarters Indiana, Orders 327-497, dated 23 November 2007; d. DA Form 2823 (Sworn Statement), dated 26 June 2009; e. two memoranda prepared by the applicant, subject: Request for Information from Joint Task Force Headquarters, IN ARNG, dated 24...
ARMY | BCMR | CY2009 | 20090011771
Application for correction of military records (with supporting documents provided, if any). He also indicates that his records show his service and unit of assignment in Vietnam. By regulation, in order to support award of the CIB, in addition to evidence that a member served in an infantry MOS while assigned to an infantry unit, there must also be evidence that the Soldier was personally present and participated with the qualifying infantry unit while it was engaged in active ground...
ARMY | BCMR | CY2009 | 20090011772
Army Regulation 600-8-22 (Military Awards) provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. The evidence of record shows the applicant enlisted in the Regular Army without any prior military service. In view of the circumstances in this case, the applicant is entitled to have his DD Form 214 corrected to show he was awarded the Army Good...
ARMY | BCMR | CY2009 | 20090011773
The applicant requests the records of her deceased former husband, a former service member (FSM), be corrected to show her eligibility for a Survivor Benefit Plan (SBP) annuity based on the FSM's death. The record is void of any change of SBP election made by the FSM subsequent to his 2001 divorce from the applicant. The evidence in this case shows the FSM elected coverage for the applicant as his spouse upon his retirement in 1992.
ARMY | BCMR | CY2009 | 20090011775
Application for correction of military records (with supporting documents provided, if any). The record does not contain and the applicant has not provided any official documentation to show that he was awarded an infantry MOS, and that he served in active ground combat while assigned or attached to an infantry unit during his period of service in Vietnam. ___________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army...