ARMY | BCMR | CY2010 | 20100021683
The applicant requests an upgrade of his under other than honorable conditions discharge to a general discharge. A discharge under other than honorable conditions is normally considered appropriate, but the separation authority may direct a general discharge or an honorable discharge if such is merited by the Soldier's overall record and if the Soldier's record is so meritorious that any other characterization clearly would be improper. His request to upgrade his under other than honorable...
ARMY | BCMR | CY2010 | 20100021684
Application for correction of military records (with supporting documents provided, if any). The applicant provides various documents from his military record. Army Regulation 635-200, paragraph 3-7b, states a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2010 | 20100021686
The applicant requests correction of item 12a (Date Entered AD [Active Duty] This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty). Thus, if a Soldier enlisted, reenlisted, and was retired or discharged with many years of service over several terms of enlistment, only one DD Form 214 would be issued as all service was continuous. The applicant has another DD Form 214 that shows his enlistment date as 16 February 1973.
ARMY | BCMR | CY2010 | 20100021687
IN THE CASE OF: BOARD DATE: 28 September 2010 DOCKET NUMBER: AR20100021687 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states he was released from active duty and not given the opportunity to use PDMRA days he earned and was entitled to. The available evidence shows the applicant served a qualifying period of active duty service under 10 USC for award of PDMRA.
ARMY | BCMR | CY2010 | 20100021689
The applicant provides his retirement orders, an e-mail exchange among Army offices regarding his request for extension, and a copy of his extension request. The applicant's retirement orders clearly state his transportation entitlement would expire within a year, and he admits, in effect, that he failed to follow procedures for extending his entitlement. Relief granted in this case should be limited to his past failure to make timely requests for extension and should have the effect of...
ARMY | BCMR | CY2010 | 20100021691
The applicant requests the records of his late father, a former service member (FSM), be corrected to show the Army of Occupation Medal (AOM) with Germany Clasp, Belgian Fourragere, and credit for his participation in the Normandy campaign. The applicant states: a. the FSM should have received the AOM for his work in repatriating German prisoners of war from France; b. the FSM should receive credit for his participation in the Normandy campaign; c. the FSM should be awarded the Belgian...
ARMY | BCMR | CY2010 | 20100021692
The PEB evaluates all cases of physical disability equitably for the Soldier and the Army. The VA rating decision and medical treatment records provided by the applicant confirm he is being treated for several service-connected conditions that support the higher disability rating and permanent disability determination by the VA. The Army rates only conditions that are determined to be physically unfitting for further military service, thereby compensating the individual for the loss of his...
ARMY | BCMR | CY2010 | 20100021696
IN THE CASE OF: BOARD DATE: 28 September 2010 DOCKET NUMBER: AR20100021696 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states he was released from active duty and not given the opportunity to use PDMRA days he earned and was entitled to. The available evidence shows the applicant served a qualifying period of active duty service under 10 USC for award of PDMRA.
ARMY | BCMR | CY2010 | 20100021699
The applicant requests correction to Items 4a (Grade, Rate or Rank), 4b (Pay Grade), and 29 (Date of Time Lost During This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 21 July 2010. He provides: * a DA Form 2173 (Statement of Medical Examination and Duty Status) * a DA Form 31 (Request and Authorization for Leave) * his civilian doctor's recommendation for extension of convalescent leave * a DA Form 4856 (Developmental Counseling...
ARMY | BCMR | CY2010 | 20100021704
On 27 May 2009, the applicant was discharged with a UOTHC, SPD of KFS, and an RE code of 4. Army Regulation 601-280 (Army Retention Program) states that the RE codes contained on military discharge documents determine whether or not one may reenlist in a military service at a later time. The applicant has not provided and the record does not contain any evidence the applicant made his command aware of his father's condition and requested any type of dispensation prior to going AWOL.
ARMY | BCMR | CY2010 | 20100021705
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show two awards of the Purple Heart, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar. d. There are no orders or other evidence in the applicant's military personnel records that show he was awarded the Army Good Conduct Medal. As a...
ARMY | BCMR | CY2010 | 20100021707
The applicant requests reconsideration of his previous request to correct item 14 (Military Education) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Basic Airborne Course. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090016788 on 23 March 2010. The evidence of record shows the applicant...
ARMY | BCMR | CY2010 | 20100021708
The applicant requests: a) the issuance of a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that shows all of the decorations, medals, badges, commendations, citations, and campaign ribbons awarded or authorized while on active duty in the Army of the U.S.; b) the issuance of all decorations, badges and medals with ribbons awarded or authorized for his service in the Massachusetts Army National Guard (MAARNG) from 24 February 1973 to 25 September 1980; c) the...
ARMY | BCMR | CY2010 | 20100021714
He provides: * 1970 DD Form 4 (Enlistment Contract Armed Forces of the United States) * 2008 release from AD (REFRAD) orders * Legion of Merit Certificate * 2009 retirement orders and amendment orders * 2009 DD Form 214 * 2010 National Guard Bureau (NGB) Form 23A (ARNG Current Annual Statement) * 2010 NGB Form 23A1 (ARNG Retirement Points Statement Supplemental Detailed Report) CONSIDERATION OF EVIDENCE: 1. His DD Form 214 for this period shows he entered active duty on 4 December 2005....
ARMY | BCMR | CY2010 | 20100021717
He states that an Army Regulation (AR) 15-6 (Procedures for Investigating Officers and Board of Officers) investigation found him liable for the loss of 12 M-40 protective masks, and his request for reconsideration for the assessment of financial liability against him was denied by the approving authority. The applicant took command in 2007. g. The IO found that the applicant: * demonstrated poor and negligent property accountability by failing to ensure his units NBC equipment was...
ARMY | BCMR | CY2010 | 20100021719
During its last review of the case, the Board found no evidence of record or independent evidence submitted by the applicant confirming he was ever recommended for or awarded the AM with V Device and/or the BSM with V Device; or that he was wounded in action and/or awarded the PH by proper authority while serving on active duty. The applicants Official Military Personnel File (OMPF) is void of medical treatment records or other documents that show he was ever wounded as a result of...
ARMY | BCMR | CY2010 | 20100021724
The applicant requests, in effect, removal of the record of court-martial from his military service records and upgrade of his bad conduct discharge to an honorable or a general discharge as a matter of justice. Following the applicant's conviction by special court-martial, he acknowledged that he was requesting excess leave pending the completion of appellate review of his case and judicial decision as to whether he would be discharged with a punitive discharge. The applicant's record of...
ARMY | BCMR | CY2010 | 20100021727
Application for correction of military records (with supporting documents provided, if any). On 22 April 1971, the applicant requested discharge for the good of the service under chapter 10, Army Regulation 635-200 (Enlisted Separations), after declining to consult with counsel; c. On 29 April and 30 March 1971, recommendations for approval of discharge request from chain of command; d. On 30 March 1971, Staff Judge Advocate review determined chapter 10 discharge packet legally sufficient;...
ARMY | BCMR | CY2010 | 20100021729
Army Regulation 635-200 (Enlisted Separations), paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. The evidence of record shows he received NJP on three occasions -- 1 during his service in Vietnam, 1 before, and 1 after.
ARMY | BCMR | CY2010 | 20100021730
The applicant requests change of his reentry (RE) code from RE-3 to an RE-1 so he can reenter military service. The SPD/RE Code Cross Reference Table stipulates that an RE-3 code will be assigned to members separated under these provisions with an SPD code of JGA. c. Army Regulation 635-200 further states, in pertinent part, 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 | CY2010 | 20100021732
An AHRC Form 249-2-E in his Official Military Personnel File (OMPF) shows he accrued 1,511 retirement points and he completed a total of 13 years of qualifying service for non-regular Reserve retirement between 15 June 1970 and 4 September 2001. By law and regulation, in order to be eligible for non-regular Reserve retirement and retired pay at age 60, a member must complete a minimum of 20 years of qualifying service and that qualifying service is granted only for each year of service an...
ARMY | BCMR | CY2010 | 20100021734
The applicant requests, in effect, that his uncharacterized discharge be changed to an honorable discharge and that his reenlistment (RE) code be changed to a more favorable code. The applicant contends his uncharacterized discharge should be changed and he should be given a more favorable RE code. The applicant did not complete 180 days of continuous active service prior to being discharged.
ARMY | BCMR | CY2010 | 20100021736
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show any awards and decorations and that he contributed to the MGIB. This form also shows in: a. Army Regulation 600-8-22 (Military Awards) states 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.
ARMY | BCMR | CY2010 | 20100021740
The applicant requests 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 his service in Korea. The applicant states he served in Korea from 13 September 1951 to 21 July 1952 and he was awarded the Army Commendation Medal with pendant but neither the award nor the combat service is listed on his DD Form 214. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2010 | 20100021741
He spoke with the Defense Finance and Accounting Service and was told he could appeal to the Army Board for Correction of Military Records (ABCMR) for a change in his discharge date to 24 June 2000 which would bring him up to 20 years of active duty and make him eligible for concurrent receipt. A law providing concurrent receipt of military retired pay and VA disability compensation passed 5 years after he retired. The ABCMR does not grant requests for correction of records solely for the...
ARMY | BCMR | CY2010 | 20100021742
The applicant requests correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Valorous Unit Award. He provides: * Statement of Wartime Service * DD Form 214 * Military Award Branch, Recently Approved Unit Awards website, for the 31st Infantry Regiment CONSIDERATION OF EVIDENCE: 1. _______ _ 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...
ARMY | BCMR | CY2010 | 20100021744
f. The applicant stated she had 2 years of ICU RN experience; however, she could not receive work experience credit after being boarded on 10 February 2009, the date of the board, regardless of how long it took her to enter active duty per Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches). (2) Paragraph 6.1.2.2.5. states that credit of one-half year for each year of experience, up to a maximum of three years of...
ARMY | BCMR | CY2010 | 20100021747
The applicant requests an upgrade of his undesirable discharge to a general discharge. Accordingly, on 1 June 1972 the applicant was discharged under the provisions of Army Regulations 635-200, chapter 10, for the good of the service in lieu of trial by court-martial. His records show he was convicted by a special court-martial of being AWOL and he had approximately 140 days of lost time due to AWOL and confinement.
ARMY | BCMR | CY2010 | 20100021748
The applicant requests correction of his military records by removing statements from a DD Form 261 (Report of Investigation Line of Duty and Misconduct Status), dated 26 September 1967, and sworn statements associated with the DD Form 261. A DA Form 19-24, dated 23 September 1967, shows he made the following statement, "While using blank ammunition during a riot control training of a practice sniper attack, I was in the back of a five ton truck and seeing a fellow Soldier approaching I...
ARMY | BCMR | CY2010 | 20100021751
The applicant requests his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect the correct service dates in Iraq. Item 18 (Remarks) of the applicant's DD Form 214 contains the entry "SERVICE IN IRAQ 20100105-20100420" indicating the applicant served in Iraq from 5 January 2010 through 20 April 2010. The evidence of record confirms the applicant was deployed to and served in Iraq from 22 September 2008 through 21 September 2009 as evidenced by...
ARMY | BCMR | CY2010 | 20100021760
ARMY | BCMR | CY2010 | 20100021767
In his request for discharge, he indicated he understood that by requesting discharge he was admitting guilt to the charges against him or of a lesser included offense that also authorized the imposition of a bad conduct discharge or an under other than honorable conditions discharge. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was discharged for the good of the service in lieu of trial by court-martial with a character of service of under...
ARMY | BCMR | CY2010 | 20100021770
The applicant provides: a. The evidence in this case simply does not show that his wound was the result of enemy action or friendly fire and absent such evidence there is insufficient evidence in which to award him the Purple Heart at this time. Additionally, absent evidence to show that the applicant engaged the enemy in Vietnam while assigned to an infantry unit there is insufficient evidence to award him the CIB at this time as well.
ARMY | BCMR | CY2010 | 20100021771
The applicant states item 33 of his DD Form 214 should show Corydon (Harrison County) Indiana and not Washington County; and item 24c should show the time he served in Korea which is important to him. The applicant further states he has been trying to correct his DD Form 214 since he was discharged. The initial DD Form 214 issued upon his REFRAD was the 1 November 1955 version and it contained the entry "Vietnam - 0 1 13" in item 24c, which was later amended to "1 3 2" by a DD Form 215...
ARMY | BCMR | CY2010 | 20100021773
His DD Form 47 (Record of Induction) shows he was in the custody of the law at the time he was inducted into the Army of United States. Paragraph 5-5b of the same regulation states that an individual claiming erroneous induction because of a procedural right as provided by the Military Selective Service Act of 1967 may submit a request for release from custody and control of the Army. The available evidence shows he was charged with a Selective Service violation on 15 June 1966, for...
ARMY | BCMR | CY2010 | 20100021775
The applicant requests, in effect, correction of his records to show he was medically separated or retired by reason of disability. In this case, the evidence of record shows the applicant was ordered to active duty on 19 January 2005. There is no evidence in the applicants records and he did not provide any evidence that shows his ankle injury was diagnosed during a medical examination and was determined not to have met the medical retention standards of Army Regulation 40-501.
ARMY | BCMR | CY2010 | 20100021779
The applicant provides these documents in support of his application: * DD Form 214 with a separation date of 31 October 2003 * Electronic message, dated 9 February 2004, subject: Korea Defense Service Medal (KDSM) Implementing Instructions * Application to the NPRC for KDSM * Officer Record Brief, dated 8 November 2003 CONSIDERATION OF EVIDENCE: 1. DISCUSSION AND CONCLUSIONS: As the KDSM was authorized after the applicant's retirement and is retroactive, he is entitled to a correction of...
ARMY | BCMR | CY2010 | 20100021781
His DD Form 214 (Certificate of Release or Discharge from Active Duty) states he had a bad attitude and recommends that he not be allowed to reenlist. 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. Separation was warranted by the applicant's overall record of military service.
ARMY | BCMR | CY2010 | 20100021782
IN THE CASE OF: BOARD DATE: 19 April 2011 DOCKET NUMBER: AR20100021782 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. However, the Army policy requires PDMRA to be used during the active duty period in which it was earned and there are no provisions to carry over or be monetarily compensated for PDMRA outside of the legal authority provided by the 2010 NDAA which expired on 28 October 2010. Contrary to the NGB advisory opinion, the evidence of record and independent evidence provided by...
ARMY | BCMR | CY2010 | 20100021785
Application for correction of military records (with supporting documents provided, if any). The applicant requests his military record be corrected to reflect his correct date of birth (DOB) and to document his combat service in Korea with the 1st Cavalry Division. However, his DD Form 214 shows he served and was separated using a DOB of 22 April 1928.
ARMY | BCMR | CY2010 | 20100021786
Application for correction of military records (with supporting documents provided, if any). The applicant requests award of the Combat Infantryman Badge (CIB). The evidence of record shows he was assigned as an infantryman to an infantry unit and performing infantry duties while on a special mission in Honduras from 5 to 15 August 1984.
ARMY | BCMR | CY2010 | 20100021787
The applicant states, in effect, that he was unjustly discharged from the service with severance pay after the Army botched his surgery. The doctor further noted the applicant should be reconsidered for active duty. 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 | CY2010 | 20100021789
On 11 December 1987, the separation authority approved the applicant's discharge under Army Regulation 635-200, chapter 13 and directed that he be issued a General Discharge Certificate. The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued confirms he was discharged under the provisions of Army Regulation 635-200, chapter 13, by reason of unsatisfactory performance, in the rank/grade of PFC/E-3 with a general, under honorable conditions characterization of...
ARMY | BCMR | CY2010 | 20100021793
On 13 June 1994, the applicant's commander notified the applicant that he was initiating action to discharge her under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 14 (Misconduct), paragraph 14-12b, based on an established pattern of misconduct. On 20 June 1994, the separation authority approved the separation action and directed that the applicant be discharged from the U.S. Army under the provisions of Army Regulation 635-200, chapter 14,...
ARMY | BCMR | CY2010 | 20100021794
Application for correction of military records (with supporting documents provided, if any). Paragraph 2-4 of Army Regulation 635-5 states that an active duty Soldier deployed with his or her unit during their continuous period of active service, will have the following statement entered in item 18 of the DD Form 214: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2010 | 20100021796
As part of the enlistment process, the applicant completed a 3AA Form 291 (Statement of Understanding Regarding Assignment, Housing, and Oversea Transportation for Dependents), dated 9 March 1964. The applicant's contention that her DD Form 214 should be corrected to show her PMOS was 640.00 at the time of her separation was carefully considered and determined to lack merit. The available evidence shows that she enlisted in the RA for Army Career Group 71, Administration.
ARMY | BCMR | CY2010 | 20100021804
Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. Therefore, his record of service is insufficiently meritorious to warrant a general discharge or 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 | CY2010 | 20100021808
IN THE CASE OF: BOARD DATE: 28 September 2010 DOCKET NUMBER: AR20100021808 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states he was released from active duty and not given the opportunity to use PDMRA days he earned and was entitled to. The available evidence shows the applicant served a qualifying period of active duty service under 10 USC for award of PDMRA.
ARMY | BCMR | CY2010 | 20100021810
The applicant's military records are not available to the Board for review. His service record contains no evidence which indicates he sustained wounds as a result of hostile action. The applicant contends the Purple Heart is not listed on his DD Form 214; however, his service record is void of evidence on which to grant award of the Purple Heart in this case.
ARMY | BCMR | CY2010 | 20100021812
Counsel requests reconsideration of the applicant's earlier request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart. Counsel states: * the applicant contacted Senator S____ T____, a now deceased former member of Congress, for assistance with obtaining copies of his military service and medical records * records reviewed by the Army Board for Correction of Military Records (ABCMR) in the applicant's first...