ARMY | BCMR | CY2010 | 20100022954
ARMY | BCMR | CY2010 | 20100022955
She states her decision [to request discharge under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 10] was made entirely on one incident. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. ABCMR Record of Proceedings (cont) AR20100022955 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont)...
ARMY | BCMR | CY2010 | 20100022956
IN THE CASE OF: BOARD DATE: 4 November 2010 DOCKET NUMBER: AR20100022956 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 | 20100022958
The applicant requests his discharge under other than honorable conditions be upgraded to a general discharge. c. Army Regulation 635-200 states a general discharge is a separation from the Army under honorable conditions. The applicant stated in his request for discharge that he would go AWOL again if he was not discharged.
ARMY | BCMR | CY2010 | 20100022959
IN THE CASE OF: BOARD DATE: 4 November 2010 DOCKET NUMBER: AR20100022959 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 | 20100022962
One of the criteria is that the disability must have been incurred or aggravated while the soldier was entitled to basic pay or was the proximate cause of performing active duty or inactive duty training. The applicant's request to change his reason for discharge from "disability, not in the line of duty - involuntary" to "disability, in the line of duty" has been carefully considered and found to have insufficient evidence to support this conclusion. The available evidence shows the...
ARMY | BCMR | CY2010 | 20100022963
Item 33 (Decorations and Citations) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) does not show award of the Purple Heart. The evidence of record partially supports the applicant's request for award of the Purple Heart. The applicant states he received three injuries that entitle him to award of the Purple Heart.
ARMY | BCMR | CY2010 | 20100022964
Application for correction of military records (with supporting documents provided, if any). The applicant requests that her bad conduct discharge (BCD) be upgraded. __________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 | 20100022968
The applicant requests the records of her deceased former spouse, a former service member (FSM), be corrected to show she is the beneficiary of his Survivor Benefit Plan (SBP). Public Law 97-252, the Uniformed Services Former Spouses Protection Act (USFSPA), dated 8 September 1982, established SBP coverage for former spouses of retiring members. However, there was no such court order to maintain the applicant as the FSM's beneficiary as his "former spouse" on his SBP.
ARMY | BCMR | CY2010 | 20100022969
The applicant provides copies of two DD Forms 214, his 4 August 1971 enlistment orders, and his 29 August 1973 discharge and reenlistment orders. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting the date of entry, at item 15 on the 28 August 1978 DD Form 214, to read 29 August 1973. _______ _ x _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army...
ARMY | BCMR | CY2010 | 20100022971
There is no evidence he applied to the Army Discharge Review Board for an upgraded of his discharge. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. His record of indiscipline includes nonjudicial punishment, conviction by a civil court, and 113 days of lost time.
ARMY | BCMR | CY2010 | 20100022979
For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Therefore, he should be awarded the first award of the Army Good Conduct Medal for the period 8 December 1965 through 11 September 1967 and his DD Form 214 should be corrected to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2010 | 20100022982
The applicant requests payment of Retroactive Stop Loss Special Pay (RSLSP) for 15 instead of 3 months. The form states in accordance with Military Personnel Message 03-40, subject: Reserve Component (RC) Stop Loss Procedures for the ARNG, and under authority of executive orders and having not voluntarily extended his ETS date of 23 October 2004, he was hereby involuntarily extended to 24 December 2031 as a member of the MIARNG. However, after processing his claim, he was authorized...
ARMY | BCMR | CY2010 | 20100022988
The applicant requests that the records of her former spouse, a retired former service member (FSM), be corrected to show he submitted a copy of the final divorce decree to the Defense Finance and Accounting Service (DFAS) office and that she made a timely written request for a deemed election of the FSM's Survivor Benefit Plan (SBP) within 1 year from the date of the divorce. Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage (without the member's...
ARMY | BCMR | CY2010 | 20100022994
Counsel states, the applicant deserves and should be awarded the Purple Heart for wounds he suffered on 31 August 1944 near Reims while in his platoon. After hospitalization, the applicant did not return to his unit, 146th Engineer Battalion, which could explain why the Purple Heart was not awarded. The applicant's military records are not available to the Board for review.
ARMY | BCMR | CY2010 | 20100022995
A review of the applicant's military personnel records failed to reveal any evidence he was authorized or awarded the Purple Heart. Thus, the evidence the applicant provides is insufficient to support a claim to the Purple Heart. There is no evidence in the applicant's available military service records to satisfy the strict requirements for award of the Purple Heart.
ARMY | BCMR | CY2010 | 20100023000
The applicant requests an upgrade of his under other than honorable conditions discharge to an honorable discharge. The separation authority approved the applicant's request for discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service - in lieu of trial by court-martial and directed that he be reduced to private/E-1 and issued an under other than honorable conditions discharge. The DD Form 214 he was issued shows he was discharged under the...
ARMY | BCMR | CY2010 | 20100023001
The applicant requests his permanent physical disability be removed from his military records and that he be granted a 20-year retirement. (2) Paragraph 7-4 states that a Soldier will be removed from the TDRL and separated with severance pay if the Soldier has less than 20 years of service and is unfit because of the disability for which the Soldier was placed on the TDRL and either the disability has stabilized at less than 30 percent or the disability, although not stabilized, has...
ARMY | BCMR | CY2010 | 20100023004
The regulation provides 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 Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that SPD codes are three-character alphabetic combinations which identify reasons for, and types of, separation from active duty. At the time, the SPD code JFL was the correct code for Soldiers separating with a narrative reason for separation...
ARMY | BCMR | CY2010 | 20100023010
The applicant requests correction of his date of birth (DOB) and an upgrade of his undesirable discharge (UD). The applicant states: a. he was a 16-year old minor when he enlisted in the Army; b. he completed 3 years of very honorable service which included an 18-month tour in Vietnam and 11 months as a noncommissioned officer (NCO); c. his military problems were due a personality conflict with his senior NCO; d. he was threatened, intimidated, and made a mistake; e. he was cleared of all...
ARMY | BCMR | CY2010 | 20100023014
The applicant's final DD Form 214, item 24 (Decorations, Medals , Badges, Commendations, Citations, and Campaign Ribbons) shows his awards as the Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign ribbon with Device (1960) and one Overseas Bar. At that time, a DD Form 214 listed only awards received during that period of service. The applicant wants all of his awards to include the Army Commendation Medal, 10% disability due to hypertension and his education...
ARMY | BCMR | CY2010 | 20100023022
IN THE CASE OF: BOARD DATE: 4 November 2010 DOCKET NUMBER: AR20100023022 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 | 20100023025
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 12 February 1991 to show: * the actual amount of time he served * he served during Operations Desert Shield/Desert Storm * he completed airborne training in August 1985 * all authorized awards 2. c. The regulation states for item 14 (Military Education) to list formal in-service (full-time attendance) training courses successfully completed during the...
ARMY | BCMR | CY2010 | 20100023027
IN THE CASE OF: BOARD DATE: 4 November 2010 DOCKET NUMBER: AR20100023027 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 | 20100023028
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he completed the Army Precommission Course and Unit Nuclear, Biological, and Chemical (NBC) Defense Officer/ Noncommissioned Officer (NCO) Course. The applicant's DA Form 2-1, item 17 (Civilian Education and Military Schools), in pertinent part, shows the applicant completed the non-resident Army Precommission Course in 1987 and non-resident NBC Officer Course in 1988. It...
ARMY | BCMR | CY2010 | 20100023029
On 1 December 1983, he submitted a request to the National Personnel Records Center in St. Louis, Missouri requesting a copy of his DD Form 214 for employment purposes and he indicated that his SSN was 262-XX-XXXX. 5. The evidence of record shows the applicant enlisted, served, and was honorably REFRAD under SSN 262-XX-XXXX. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his current SSN,...
ARMY | BCMR | CY2010 | 20100023030
The applicant requests his undesirable discharge be upgraded to honorable. On 5 September 1977, after consulting with counsel, the applicant submitted a voluntary request for discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, for the good of the service - in lieu of court-martial. Chapter 10 of the version in effect at the time provided that a member who committed an offense or offenses for which the authorized punishment...
ARMY | BCMR | CY2010 | 20100023037
The applicant requests his general, under honorable conditions discharge (GD) be upgraded to an honorable discharge (HD). There is no indication in the record that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. The evidence of record in this case confirms the applicant's separation processing was accomplished in accordance with the applicable regulation.
ARMY | BCMR | CY2010 | 20100023038
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the correct period of foreign service and award of the Army Good Conduct Medal. The applicant provides his DD Form 214. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.
ARMY | BCMR | CY2010 | 20100023039
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests upgrade of her general discharge to an honorable discharge. She stated in her statement that she was willing to accept the discharge in order to benefit the Army and herself.
ARMY | BCMR | CY2010 | 20100023040
Application for correction of military records (with supporting documents provided, if any). The applicant's military personnel records jacket (MPRJ) 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. It states in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that it required treatment by...
ARMY | BCMR | CY2010 | 20100023046
BOARD DATE: 2 November 2010 DOCKET NUMBER: AR20100023046 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 | 20100023047
Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. The evidence of record shows the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior,...
ARMY | BCMR | CY2010 | 20100023048
The available evidence of record shows the applicant served in Hawaii from 26 August 1960 to 27 March 1963 and in Thailand from 2 September 1962 to 4 December 1962. The applicant has not provided any evidence to support his contention that his record should be corrected to show his service in Vietnam. The documents he provided show his service in Hawaii and Thailand, but not Vietnam.
ARMY | BCMR | CY2010 | 20100023051
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank/grade as specialist (SPC)/E-4 instead of private first class (PFC)/E-3. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. ABCMR Record of Proceedings (cont)...
ARMY | BCMR | CY2010 | 20100023053
IN THE CASE OF: BOARD DATE: 4 November 2010 DOCKET NUMBER: AR20100023053 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 | 20100023054
Records available to the Board show that the FSM was inducted into the Army of the United States on 16 July 1942. The FSM's military records are not available and there is no documented evidence of the unit he was assigned to while serving in Germany. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to the FSM's WD AGO Form 53-55 the: * American Campaign Medal * Army of Occupation Medal with Germany Clasp * World...
ARMY | BCMR | CY2010 | 20100023057
Application for correction of military records (with supporting documents provided, if any). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Purple Heart for wounds received in action as a result of enemy action on 29 May 1951 in Korea; b. adding to Item 27 of his DD Form 214 the Purple Heart, National Defense Service Medal, the United Nations Service Medal, and the Republic of Korea -...
ARMY | BCMR | CY2010 | 20100023058
The applicant requests upgrade of his general discharge to an honorable discharge. On 3 December 1965, the applicant's unit commander notified him that it was his intent to recommended his separation from military service under the provisions of Army Regulation 635-209 (Personnel Separations-Discharge-Unsuitability) with issuance of a General Discharge Certificate. The discharge proceedings were conducted in accordance with applicable law and regulations at the time and the character of...
ARMY | BCMR | CY2010 | 20100023059
The applicant requests correction of his military records: * to show award of the Belgian Fourragere * to show award of the Presidential Unit Citation (PUC) * to show award of the Army Commendation Medal (ARCOM) * to show his service in North Africa [Algeria-French Morocco campaign] * to explain his lost time in 1943 2. On 6 November 1964, this Board sent a letter to the applicant informing him that his request to delete the 17 days of lost time from his records was denied because of...
ARMY | BCMR | CY2010 | 20100023060
Although a copy of the separation authority's approval of the applicant's discharge under the provisions of Army Regulation 635-212 for unfitness in not contained in the available record, his DD Form 214 shows he was discharged on 17 September 1970 with service characterized as under other than honorable conditions with issuance of an Undesirable Discharge Certificate. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 3-7b, provides that a general...
ARMY | BCMR | CY2010 | 20100023061
The applicants record is void of any evidence that he was ever selected for unit vacancy promotion to SFC/E-7 by the State while serving in the IDARNG. The NGB opinion further indicates the reference the applicant made to the regulatory policy regarding the promotion for members pending a military occupational specialty (MOS) medical retention board (MMRB), medical evaluation board (MEB), or physical evaluation board (PEB) will not be denied if otherwise qualified is not applicable in this...
ARMY | BCMR | CY2010 | 20100023066
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 timely file. DISCUSSION AND CONCLUSIONS: There is no evidence of record and he did not provide any evidence that shows the 509th Radio Research Group was cited for award of the...
ARMY | BCMR | CY2010 | 20100023067
The applicant requests an upgrade of his other than honorable conditions discharge to a general discharge under honorable conditions. On 30 October 1978, the applicant consulted with counsel and voluntarily requested a discharge under the provisions of Army Regulation 635-200 (Personnel Separation - Enlisted Personnel), chapter 10 (Discharge for the Good of the Service). The applicants DD Form 214 shows he was discharged on 27 November 1978 in accordance with chapter 10, Army Regulation...
ARMY | BCMR | CY2010 | 20100023069
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 11 June 1975 after consulting with defense counsel, the applicant submitted a request for discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 10. A condition of submitting such a request is that the individual concerned must admit guilt to the charges against him or her or of a lesser included offense which authorizes the imposition of...
ARMY | BCMR | CY2010 | 20100023070
IN THE CASE OF: BOARD DATE: 4 November 2010 DOCKET NUMBER: AR20100023070 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 | 20100023076
The applicant provides: * a DD Form 214 for the period ending on 24 November 1964 * a DD Form 214 for the period ending on 16 January 1971 * a letter from the National Personnel Records Center (NPRC), St. Louis, MO, dated 28 May 2010 * a DA Form 20 (Enlisted Qualification Record) CONSIDERATION OF EVIDENCE: 1. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period of service shows the: * National Defense...
ARMY | BCMR | CY2010 | 20100023077
The applicant requests reconsideration of his earlier request for the removal of a general officer memorandum of reprimand (GOMOR) from his official military personnel file (OMPF). In his rebuttal, the applicant stated that he did not intentionally provide false information or submit erroneous information to obtain a Title 10 tour of active duty. A memorandum of reprimand may be filed in a Soldier's OMPF only upon the order of a general officer-level authority and is to be filed in the...
ARMY | BCMR | CY2010 | 20100023078
The applicant requests that his records be corrected to show he was promoted to the rank of private first class (PFC) at the time of discharge. The applicant states at the end of World War II (WWII) all privates were promoted to the rank of PFC; however, this was not done in his case. _________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 | 20100023080
This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. Army Regulation 635-5 states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. The Board further determined that the evidence presented is insufficient to warrant a...