ARMY | BCMR | CY2010 | 20100000098
The applicant states when he went home on leave, he learned that a family member was hooked on drugs and living on the streets. The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows in Item 25, Separation Authority, Army Regulation 635-200 (Enlisted Separations), paragraph 14-12c(2). The applicant was discharged due to the use of cocaine, which is serious misconduct.
ARMY | BCMR | CY2010 | 20100000101
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant states his military record is not in error; however, he just wants an upgrade. The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows he was discharged for the good of the service in lieu of trial by court-martial with a character of service of under other than honorable conditions.
ARMY | BCMR | CY2010 | 20100000102
IN THE CASE OF: BOARD DATE: 1 July 2010 DOCKET NUMBER: AR20100000102 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states before he joined the Army he spoke with a recruiter (staff sergeant) and the recruiter told him if he found himself not wanting to be in the Army after he arrived at basic training he could just leave and he would be discharged as if he was never in the military. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) states, in...
ARMY | BCMR | CY2010 | 20100000103
Table C-1 (SPD codes applicable to enlisted personnel) showed that the SPD code of MCF as shown on the applicants DD Form 214 specified the narrative reason for discharge as To Attend School." According to the SPD/RE Code Cross-Reference Table the appropriate RE code for the SPD code of "MCF" is an RE code of 3. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
ARMY | BCMR | CY2010 | 20100000108
The discharge authority approved the applicant's request, directed the issuance of an under other than honorable conditions discharge, and ordered his reduction to pay grade E-1. Army Regulation 635-200 provides in: a. chapter 10 that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial. Although an honorable or general discharge is...
ARMY | BCMR | CY2010 | 20100000111
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his under other than honorable conditions (UOTHC) discharge be upgraded to a general discharge under honorable conditions. There is no evidence of record which indicates the actions taken in his case were in error or unjust; therefore, there is no basis for granting the applicant's request for an upgrade of his discharge to general under honorable conditions.
ARMY | BCMR | CY2010 | 20100000112
The applicant requests correction of her records as follows: a. award of military occupational specialty (MOS) 94B1O (Cook); b. award and issue of the following medals: * Army Achievement Medal * Army Good Conduct Medal * National Defense Service Medal * Southwest Asia Service Medal * Kuwait Liberation Medal * Cold War Certificate c. correction of section VII (Current and Previous Assignments) of her DA Form 2-1 (Personnel Qualification Record (PQR)) to show all her assignments. The DD Form...
ARMY | BCMR | CY2010 | 20100000114
The applicant requests award of the Combat Infantryman Badge (CIB). There are no orders in the applicant's records awarding him the CIB. 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 | CY2010 | 20100000115
The applicant requests that his under other than honorable conditions discharge be changed to an uncharacterized discharge and that his Reentry Eligibility (RE) Code be changed to a 3. On 9 September 2009, the ADRB, after careful consideration of the applicant's military records and all other available evidence, determined the applicant's discharge was proper and equitable. c. Records show the applicant's assigned RE Code of 4 is appropriate based on the authority and reason for his discharge.
ARMY | BCMR | CY2010 | 20100000119
The effective date of promotion in the ARNG will be the effective date on the permanent Federal recognition orders. She provided copies of her colonel promotion orders, Federal recognition orders, and assignment orders which show she held the O-6 position effective 1 June 2004 prior to her promotion effective date of 4 May 2005. The record shows she was selected for promotion to colonel by an SSB on 9 February 2004.
ARMY | BCMR | CY2010 | 20100000120
The applicant provides the following in support of his application: * self-authored statement * two letters of support/recommendation * DD Form 214 (Certificate of Release or Discharge from Active Duty), effective 23 April 2002 * DD Form 214, effective 2 June 2007 * Headquarters, Oregon National Guard, Orders 303-9, dated 31 October 2002 * Corrected Copy - Headquarters, Oregon National Guard, Orders 303-9, dated 31 October 2002 * Headquarters, Oregon National Guard, Orders 285-025, dated 12...
ARMY | BCMR | CY2010 | 20100000122
He wants to enlist in the Army and cannot do so with RE code 3 on his DD Form 214. b. Army Regulation 601-210 (Regular and Reserve Components Enlistment Program) states prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or reason for discharge. The "JFV" SPD code (condition, not a disability) is the correct code for Soldiers separated under Army Regulation 635-200, paragraph 5-17.
ARMY | BCMR | CY2010 | 20100000125
DISCUSSION AND CONCLUSIONS: Based on: a. the applicant's selection for promotion to captain by an SSB, it would be appropriate to revoke the orders discharging her from the USAR as a lieutenant; b. the above revocation it would also be appropriate to show she was assigned to the IRR and earned 15 membership points a year from October 2003 to September 2007 (her records already reflect she was in the IRR from May until her 1 October 2003 discharge); c. the applicant's total lack of...
ARMY | BCMR | CY2010 | 20100000126
The applicant requests that his bad conduct discharge be upgraded to honorable or to general under honorable conditions. Army Regulation 635-200 (Personnel Separations - Enlisted), paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.
ARMY | BCMR | CY2010 | 20100000128
The applicant requests award of the Purple Heart and, in effect, a second award of the Combat Infantryman Badge for his service in Vietnam. The applicant states: * when he was in Vietnam with the 5th Special Forces Group he was hit in the right and left hand with shrapnel from a mortar round * he was never awarded the Purple Heart for this injury * he was awarded the Combat Infantryman Badge prior to going to Vietnam for combat action in the Dominican Republic and he feels he should have...
ARMY | BCMR | CY2010 | 20100000130
Application for correction of military records (with supporting documents provided, if any). The transmittal documents provided by the applicant suggest a USAR unit forwarded some sort of file associated with a correction of retirement points to St. Louis but there is no indication the applicant was intended to be the recipient of the transmitted document, nor is there any evidence the applicant was ever sent a retirement package. 2. If he is qualified for enlistment, he can consider...
ARMY | BCMR | CY2010 | 20100000135
There is no evidence of record which shows the applicant was assigned to the 11th ACR in Vietnam. Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show entitlement to the CMB or the CIB. However, there is no evidence of record and the applicant provided no evidence which shows he completed a course on animal specialist skills.
ARMY | BCMR | CY2010 | 20100000139
On 25 September 1990, the separation authority approved the applicant's request for discharge for the good of the service and directed that he be discharged with an under other than honorable conditions discharge. There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. Based on the evidence of record, the applicant was AWOL for more than 30 days which is punishable with a punitive...
ARMY | BCMR | CY2010 | 20100000140
Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who completed a qualified period of active duty enlisted service. Therefore, his records should be corrected to show these unit awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal for the period 15 April 1968 to 20 March 1970 and b....
ARMY | BCMR | CY2010 | 20100000144
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show two additional bronze service stars and one bronze arrowhead to be affixed to the European-African-Middle Eastern (EAME) Campaign Medal. The applicant's military records are not available to the Board for review. However, evidence shows he also received battle participation credit for the Anzio, Rhineland (formerly known as "Germany" campaign), and Central...
ARMY | BCMR | CY2010 | 20100000145
The applicant states: * he completed two enlistments with honorable discharges and was allowed to reenlist for a third enlistment which lasted more than 5 years * he committed one indiscretion at the very end of this otherwise honorable service * he was told by legal counsel to take the bad conduct discharge and not fight the court-martial because he would be able to change the character of his discharge after he got out and it would not affect any future benefits * he is now trying to get...
ARMY | BCMR | CY2010 | 20100000147
The applicant requests correction of his records by deleting the "Alcohol Rehabilitation Failure" entry in item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty). On 12 December 1995, the separation authority reviewed information concerning the recommendation for separation of the applicant under the provisions of Army Regulation (AR) 635-200 (Personnel Separations - Enlisted Personnel), Chapter 9 (Alcohol Rehabilitation Failure)....
ARMY | BCMR | CY2010 | 20100000150
The applicant requests upgrade of his general discharge to an honorable discharge. On 26 January 1977, the separation authority approved the recommendation for separation and directed that the applicant be discharge under honorable conditions and furnished a General Discharge Certificate. A general discharge is a separation from the Army under honorable conditions of an individual whose military record was not sufficiently meritorious to warrant an honorable discharge.
ARMY | BCMR | CY2010 | 20100000151
The available evidence does not show the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel. When authorized, it is issued to a Soldier whose military record is satisfactory, but not sufficiently meritorious to warrant an honorable discharge.
ARMY | BCMR | CY2010 | 20100000153
The applicant contends that his DD Form 214 should be corrected to show his middle name as Martinez. The evidence of record clearly shows that the applicant served in the USAR using the name currently recorded in his military records. _______ _ _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 | CY2010 | 20100000154
Application for correction of military records (with supporting documents provided, if any). The applicant requests his under other than honorable conditions (UOTHC) discharge be upgraded to an honorable discharge (HD). This document confirms the applicant was discharged under the provisions of chapter 10, Army Regulation 635-200, in lieu of trial by court-martial and that he received a UOTHC discharge.
ARMY | BCMR | CY2010 | 20100000155
Application for correction of military records (with supporting documents provided, if any). The applicants DA Form 2-1 (Personnel Qualification Record) shows in Item 18 (Appointments and Reductions) that she was promoted to specialist four (SP4)/E-4 on 2 February 1982, and this was the highest rank she attained while serving on active duty. It also shows she was separated under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 14-12b, with...
ARMY | BCMR | CY2010 | 20100000157
On 20 March 1967, the separation authority approved the recommendation for separation and directed that the applicant be furnished an undesirable discharge. Army Regulation 635-200 (Personnel Separations), paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. The applicant was advised by counsel of his separation for unfitness on 10 March 1967 and the separation authority approved the recommendation for separation on 20 March 1967 and...
ARMY | BCMR | CY2010 | 20100000158
The applicant's military records show he enlisted in the Regular Army on 7 June 1968. The applicant's DA Form 20 does not show that he was wounded and his name is not listed on the Vietnam casualty roster. In the absence of evidence that the applicant was wounded or injured as a result of hostile action and treated for such wounds, there is insufficient evidence upon which to base award of the Purple Heart.
ARMY | BCMR | CY2010 | 20100000159
The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued shows he completed 1 year, 3 months, and 7 days of creditable active service during this period of enlistment of which 10 months and 19 days was foreign service (from 8 August 1963 [date he arrived in Germany] to 26 June 1964 [date he was discharged]. This form further shows the following entries: * Item 18f shows completion of 4 months and 25 days of foreign service (from 14 July 1971, date he...
ARMY | BCMR | CY2010 | 20100000160
Application for correction of military records (with supporting documents provided, if any). The applicant contends his DD Form 214 should be corrected to show he performed combat-related duties while serving in the RVN and to correct his DD Form 214 to show his award of the ARCOM. In addition, the evidence of record also confirms that based on the applicants service and campaign participation in the RVN, he is eligible for the MUC, RVN Gallantry Cross with Palm Unit Citation,...
ARMY | BCMR | CY2010 | 20100000165
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 17 June 1970 to show his second award of the Bronze Star Medal. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's 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...
ARMY | BCMR | CY2010 | 20100000166
Records show that, upon retirement from the Army, the FSM elected SBP with spouse coverage. The evidence of record indicates the FSM maintained SBP spouse coverage following his divorce from the applicant and through his date of death. d. Assuming the divorce required the FSM to maintain SBP coverage, the evidence of record shows that neither the FSM nor the applicant took the necessary action to change the FSM's SBP election from spouse to former spouse coverage within 1 year of the divorce.
ARMY | BCMR | CY2010 | 20100000171
In order to support awarding a member the PH, the awards regulation stipulates that it is necessary to establish that the wound, for which the award is being made, required treatment by medical personnel. Item 40 of the applicant's DA Form 20 is blank, which indicates he was never wounded in action, and his record is void of any orders or other documents that show he was ever recommended for or awarded the PH by proper authority while serving on active duty. Absent any evidence of record...
ARMY | BCMR | CY2010 | 20100000172
His service medical record shows that he did have a fragment removed from his right shoulder on 25 February 1970. The record of medical treatment showing he had a piece of shrapnel removed from his shoulder, as corroborated by contemporaneous letters he sent to his wife explaining the enemy origin of the wound, is accepted as sufficient evidence to show he met the eligibility criteria for award of the Purple Heart. As a result, the Board recommends that all Department of the Army records...
ARMY | BCMR | CY2010 | 20100000173
d. A properly-constituted DD Form 214 that shows he was discharged on 9 April 1981 under the provisions of chapter 10 of Army Regulation 635-200 (Personnel Separations Enlisted Personnel) for the good of the service - in lieu of court-martial, with a character of service of under other than honorable conditions. However, his record contains a properly-constituted DD Form 214 that shows he was discharged on 9 April 1981 under the provisions of chapter 10 of Army Regulation 635-200, in lieu...
ARMY | BCMR | CY2010 | 20100000176
Application for correction of military records (with supporting documents provided, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests an upgrade of his under other than honorable conditions discharge to a general discharge.
ARMY | BCMR | CY2010 | 20100000178
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of item 12 (Last Duty Assignment and Major Command) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to include "101st Airborne Division." He also requests correction of his DD Form 214 to show award of the Presidential Unit Citation.
ARMY | BCMR | CY2010 | 20100000180
The applicant requests his Bad Conduct Discharge (BCD) be upgraded to a General Discharge (GD). In accordance with Title 10, U.S. Code, Section 1552, the authority under which this Board acts, the ABCMR 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 process and then only if clemency is determined to be appropriate. ...
ARMY | BCMR | CY2010 | 20100000181
She completed training as a patient administration specialist. A review of the available record fails to show that the applicant ever applied to the Army Discharge Review Board for a change of her narrative reason for separation within that board's 15-year statute of limitations. Chapter 5, paragraph 13, contains the policy and outlines the procedures for separating individuals for personality disorder, and provides, in pertinent part, that a Soldier may be separated for personality...
ARMY | BCMR | CY2010 | 20100000183
There are no orders for the Purple Heart in the applicants service personnel records. There is no evidence of record which shows the applicant was wounded or injured as a result of hostile action in Vietnam. In the absence of orders or other evidence of record showing that the applicant was injured or treated for wounds as a result of hostile action in Vietnam, the DVA Rating Decision provided by the applicant is not sufficient as a basis for amending his DD Form 214 to show award of the...
ARMY | BCMR | CY2010 | 20100000188
However, his record contains a properly-constituted DD Form 214 that shows he was discharged on 18 October 1999 under the provisions of chapter 9 of Army Regulation 635-200 by reason of alcohol rehabilitation failure. The applicants narrative reason for separation was assigned based on the fact that he was separated under the provisions of chapter 9 of Army Regulation 635-200 due to his alcohol rehabilitation failure. However, inasmuch as the applicant was discharged based on his alcohol...
ARMY | BCMR | CY2010 | 20100000189
He also requests the separation program designator (SPD) code of "KGF" and the reenlistment eligibility (RE) code of RE-4 be removed from his DD Form 214. Paragraph 10-8 of Army Regulation 601-280 provides that a Soldier may appeal the bar to reenlistment imposed under the QMP based on improved performance and/or material error in the Soldier's record when reviewed by the selection board. This included persons being separated with a DA Bar to Reenlistment in effect.
ARMY | BCMR | CY2010 | 20100000190
His only offense was a brief AWOL. The applicant's military record does not contain a certificate that confirms he was granted a clemency discharge upon completion of alternate service pursuant to Presidential Proclamation (PP) 4313. However, there is insufficient evidence to grant the requested relief.
ARMY | BCMR | CY2010 | 20100000191
IN THE CASE OF: BOARD DATE: 27 July 2010 DOCKET NUMBER: AR20100000191 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he was a high school graduate or the equivalent.
ARMY | BCMR | CY2010 | 20100000192
The applicant provides copies of the following documents: * A memorandum from the U.S. Army Medical Department Activity, Department of Psychiatry, Fort Carson, Colorado * Two Medical Evaluation Board (MEB) Consultations * MEB and PEB Proceedings CONSIDERATION OF EVIDENCE: 1. The evidence of record shows in 1993 he was directed to an MEB after being diagnosed with PTSD. He has failed to show with the evidence submitted and with the evidence of record that he should have received a higher...
ARMY | BCMR | CY2010 | 20100000193
The applicant requests that his under other than honorable conditions (UOTHC) discharge be upgraded to an honorable discharge. The applicant states his DD Form 214 (Certificate of Release or Discharge from Active Duty) does not indicate that he was injured on active duty. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.
ARMY | BCMR | CY2010 | 20100000197
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty), ending on 6 August 1977, to show his rank/grade as specialist four (SP4)/E-4 instead of private (PV2)/E-2. His rank and grade at the time of release from active duty was PV1/E-1. There is no evidence in his records and he did not provide any evidence that shows he was promoted beyond this rank/grade while on active duty.
ARMY | BCMR | CY2010 | 20100000201
In an 11 August 2009 memorandum he requested consideration by a special selection board (SSB) and cited his completion of ILE Phase II certificate and CGSC diploma. He was advised that reconsideration by an SSB would require Army Board for Correction of Military Records action. The regulation also provides that boards are not required to divulge the proceedings or the reason(s) for nonselection, except if an individual is not qualified for non-completion of required military education.
ARMY | BCMR | CY2010 | 20100000215
He states he should have been medically discharged, not administratively separated. On 8 September 1970, the applicant's company commander recommended that the applicant be required to appear before a board of officers to determine whether he should be discharged before the expiration of his term of service under the provisions of Army Regulation 635-212 (Personnel Separations - Discharge - Unfitness and Unsuitability). Nor has the applicant provided evidence to show that a bias existed...