ARMY | BCMR | CY2010 | 20100007482
The applicant requests his general discharge be changed to a medical or honorable discharge. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. The separation authority could direct a general discharge if such a discharge was merited by the Soldier's overall record.
ARMY | BCMR | CY2010 | 20100007483
The applicant requests removal of the DA Form 1059 (Service School Academic Evaluation Report), dated 19 January 2007, from her Official Military Personnel File (OMPF). Accordingly, as required by the applicable regulation at the time, she was issued a DA Form 1059 that shows she marginally achieved course standards in that she met the academic requirements but failed to meet body fat standards IAW AR 600-9 during this course. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2010 | 20100007484
Application for correction of military records (with supporting documents provided, if any). The applicant requests upgrade of his dishonorable discharge to a general 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 | 20100007488
Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. Army Regulation 635-5-1 at the time did not provide an SPD code applicable to members of the Reserve Components being voluntarily or involuntarily REFRAD upon completion of a period of active duty. The applicant indicates he has been denied an AGR position based on his SPD code.
ARMY | BCMR | CY2010 | 20100007490
The applicant states the following: * He does not believe his condition warranted an RE code of 4 at that time of discharge * It is his understanding that an RE code of 4 is assigned when reentry is unlikely or not desirable * He was not unfit for duty, but was unfit for deployment at that time * His condition was not properly investigated by the military * He was declared fit for active duty 1 year later by the Department of Veterans Affairs (VA) Neurology team * His RE code unjustly limits...
ARMY | BCMR | CY2010 | 20100007493
The applicant requests, in effect, upgrade of his under other than honorable conditions discharge to a more favorable discharge. The appropriate authority approved the request for discharge on 6 May 1983 and directed that the applicant be discharged under other than honorable conditions. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt.
ARMY | BCMR | CY2010 | 20100007494
The applicant's DA Form 24 (Service Record) shows he was reassigned to the 118th Station Hospital on 13 September 1950. With respect to the applicant's psychological and/or mental disorders, the available evidence shows the applicant may have suffered from battle fatigue or combat stress, as evidenced by his symptoms of conversion reaction, manifested by aphonia, deafness, headache, anorexia, and insomnia, which may have necessitated his transfer to Japan for psychological treatment. ...
ARMY | BCMR | CY2010 | 20100007496
Therefore, in the absence of evidence from the Social Security Administration verifying the applicant's SSN was 0xx-4x-8xxx during the time of his active duty service from 20 April 1967 to 9 April 1969, there is an insufficient basis for changing the SSN on his DD Form 214. 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 full name and SSN, will be filed in his Official Military...
ARMY | BCMR | CY2010 | 20100007499
The applicant requests correction of her records to show she was accessed into the Army Medical Services Corps (MSC) as a Social Work Officer on 30 June 2006 in the rank of captain (CPT) instead of first lieutenant (1LT). The orders further stated: Effective on the date of entry on active duty (AD), you are appointed in the grade of 1LT and placed on the Active Duty List (ADL) in the grade of 1LT in accordance with (IAW) Army Regulation 135-101 (Appointment of Reserve Commissioned Officers...
ARMY | BCMR | CY2010 | 20100007500
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. 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 applicant's record is in error or unjust. 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 | 20100007504
He states that he hopes the Army Board for Correction of Military Records (ABCMR) will consider upgrading his discharge because he has served his time with a general discharge. The separation authority approved the unit commander's request, directed the applicant's discharge from the ARNG and as a Reserve of the Army under the provisions of National Guard Regulation 600-200 (Enlisted Personnel Management), paragraph 8-26q, by reason of acts or patterns of misconduct. There is no evidence...
ARMY | BCMR | CY2010 | 20100007505
One night he became sick and desperate for drugs and committed a crime for which he was sentenced to 2 years in confinement and a DD. 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. The applicant now contends he relapsed, he was addicted, and desperate for drugs, and he committed the offenses for which he was convicted.
ARMY | BCMR | CY2010 | 20100007506
On 6 May 1993, the applicant was discharged accordingly. The DD Form 214 (Certificate or Release or Discharge from Active Duty) issued to the applicant at the time shows he was discharged under the provisions of Army Regulation 635-200, chapter 10, with an under other than honorable conditions characterization of service. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
ARMY | BCMR | CY2010 | 20100007519
Application for correction of military records (with supporting documents provided, if any). On 20 November 1990, the applicant's chain of command initiated separation action against him under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 11, for entry-level performance and conduct. b. Paragraph 3-7b states that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2010 | 20100007521
A commander's statement contained in his records, dated 14 November 1968, indicates the applicant received non-judicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) for being absent without proper authority during the period from on or about 5 July to 17 July 1968. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient...
ARMY | BCMR | CY2010 | 20100007522
The applicant contends the DD Form 2656 that he completed on 27 October 2009 where he declined SBP spouse coverage should be honored and the SBP premiums refunded because both he and his spouse were present when he signed the document in the presence of an Army SBP counselor and notary public, respectively. The evidence of record confirms that on 27 October 2009, in his application for retired pay, the applicant declined to participate in SBP. The evidence shows that, for some period of...
ARMY | BCMR | CY2010 | 20100007530
The applicant requests his bad conduct discharge (BCD) be upgraded to a general under honorable conditions discharge (GD). When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. The applicant's conviction and discharge were effected in accordance with applicable law and regulations and the final discharge appropriately characterized the misconduct for which the applicant was convicted.
ARMY | BCMR | CY2010 | 20100007531
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her character of service as honorable instead of uncharacterized. The applicant's records show that she enlisted in the Army National Guard (ARNG) on 16 March 1989 for a period of 8 years. Upon completion of her training, the applicant was released from active duty for training (ADT) on 22 February 1990 to her Minnesota ARNG (MNARNG) unit to complete her military service obligation.
ARMY | BCMR | CY2010 | 20100007537
Application for correction of military records (with supporting documents provided, if any). The applicant requests award of the Purple Heart (PH), Combat Infantryman Badge (CIB), and unspecified unit decorations for his service in Vietnam. Regarding the PH, the applicant's records do not show and he has not provided evidence that he was wounded in action by the enemy, that his wound required medical treatment, and that the medical treatment was recorded in official records.
ARMY | BCMR | CY2010 | 20100007538
In the original proceedings, the Board determined that while the applicant did hold a qualifying MOS and was assigned to an infantry unit of brigade, regimental, or smaller size, the available evidence was insufficient to establish that the applicant had served in active ground combat. The author states that he received the Combat Infantryman Badge and believes the applicant should also receive this badge because he did everything that was asked of him. The applicant contends that his...
ARMY | BCMR | CY2010 | 20100007539
The applicant requests his under other than honorable conditions discharge be upgraded to an honorable discharge. Army Regulation 635-200, paragraph 3-7b, provided a general discharge was a separation from the Army under honorable conditions. He has provided no evidence or a convincing argument to show his discharge should be upgraded and his military records contain no evidence which would entitle him to an upgrade of his under other than honorable conditions discharge.
ARMY | BCMR | CY2010 | 20100007542
The applicant requests, in effect, an upgrade of his under other than honorable conditions discharge. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. __________ 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 | 20100007543
His NGB Form 23, dated 21 October 2009, shows he completed 17 years, 2 months, and 8 days of qualifying service toward nonregular retirement that included the following: * 6 qualifying years from the date of his initial enlistment (25 July 1972) to the date of his first discharge (24 July 1978) * 11 qualifying years from the date of his second enlistment (23 August 1979) to the date he was placed in the ING (31 October 1979) * zero qualifying years from the date he was placed in the ING (1...
ARMY | BCMR | CY2010 | 20100007557
The applicant requests, in effect, that his DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ) dated 13 May 1999, be removed from his official military personnel file (OMPF). It states, in pertinent part, that applications for removal of an Article 15 from the OMPF based on an error or injustice will be made to the Army Board for Correction of Military Records (ABCMR). As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2010 | 20100007558
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 AR20090009238 on 3 December 2009. His DD Form 214 contains entries in the following items: * item 3 (Grade, Rate, or Rank and Date of Appointment) - SP3 (specialist three) (T) 1 July 1955 * item 5 (Specialty Number or Symbol) - N/A * item 28 (Most Significant Duty Assignment) - 1677 1st...
ARMY | BCMR | CY2010 | 20100007561
Application for correction of military records (with supporting documents provided, if any). The record also contains a properly-constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) that identifies the authority and reason for his discharge. 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 | 20100007563
The applicant provided no evidence that the FSM was paying SBP premiums prior to his death on 27 December 2007 or that he made a proper election during an SBP open season after their marriage making her the recipient of his SBP annuity upon his death. The fact that the FSM divorced and subsequently remarried on 24 March 2005 does not change his election, as there is no evidence that he made application for enrollment in the SBP during the 2005/2006 SBP open season that occurred between the...
ARMY | BCMR | CY2010 | 20100007566
The ABCMR decides cases on the evidence of record; it is not an investigative body. The Army, by law, may pay claims for amounts due to applicants as a result of correction of military records. In his original application, and even subsequent to the Board's decision, neither he nor his counsel raised the issue of serving through 30 years or requesting the maximum retired pay allowed at the time.
ARMY | BCMR | CY2010 | 20100007567
He cites Army Regulation (AR) 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 3 (Policies), paragraph 3-2(b)(2), that discusses the presumption of fitness applied to Soldiers being processed for separation or retirement for reasons other than physical disability. (3) Determining he was fit for duty while the applicant is currently rated as 70% disabled by the VA. 2. There is no evidence of record and the applicant and counsel failed to provide evidence that...
ARMY | BCMR | CY2010 | 20100007569
He also states the DA Form 2173 makes no statement either way regarding enemy action involvement in the crash. The evidence of record further corroborates the conclusion the applicants wounds were not received as a result of enemy action with the absence of his name from the Vietnam Casualty Roster, the official DA list of RVN battle casualties. As a result, the preponderance of the evidence fails to support a conclusion the applicant was wounded as a result of enemy action and/or that he...
ARMY | BCMR | CY2010 | 20100007570
On 3 December 2009, this Board granted him relief by correcting his records to show he elected to terminate his SBP coverage within one year of his marriage to Sandra (he married her on 23 November 2001). On 31 December 2009, by letter, DFAS notified the applicant that as a result of the ABCMR's directive, his records were corrected to show he terminated SBP spouse coverage effective 31 October 2001. At the time of his retirement he was married to Linda and elected full spouse coverage...
ARMY | BCMR | CY2010 | 20100007571
The applicant states that the statements from one of the other wounded Soldiers, his brother, and his commander should leave little doubt who the Purple Heart belongs to. The statement from the applicant's brother indicates that he was given a Purple Heart in error. With the overwhelming preponderance of evidence showing that the applicant's brother was wounded on 8 August 1969, in light of the inadmissibility of the applicant's brother's statement, and the absence of the applicant's...
ARMY | BCMR | CY2010 | 20100007572
The applicant's military records are not available to the Board for review. The applicant previously submitted various medical documents showing treatment for an abscess on his left leg; however, none of his documents showed a cold weather injury. Notwithstanding the applicant's sincerity, in the absence of additional documentation that conclusively shows he was wounded or injured as a result of hostile action or that he suffered a severe cold weather injury while engaged in combat and...
ARMY | BCMR | CY2010 | 20100007573
The applicant requests the following corrections on her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 September 2003: * Item 1 (Name-Last, First, Middle) correct the spelling of her first name * Item 4a (Grade, Rate, or Rank) and item 4b (Pay Grade) be corrected to show she was promoted to sergeant (SGT), E-5 * Item 14 (Military Education) be corrected to show she completed 13 weeks of training in the automated logistics specialist course *...
ARMY | BCMR | CY2010 | 20100007575
IN THE CASE OF: BOARD DATE: 9 September 2010 DOCKET NUMBER: AR20100007575 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. National Guard Regulation 600-100, paragraph 2-2, states that the effective date of Federal recognition for original appointment is that date on which the commissioned officer executes the oaths of office in the State. The email shows that a Medical Personnel Program Manager from the OTCS, NGB informed her that his office was not consulted on the advisory opinion to...
ARMY | BCMR | CY2010 | 20100007577
The applicant requests, in effect, correction of his military records to show that he made a timely claim to receive his separation pay. The DFAS letter provided by the applicant states, in essence, that the applicant requested his separation pay, but the Barring Act of 1940 precluded payment of the applicant's separation pay because he had waited 19 years to file his claim. The evidence clearly shows the applicant was authorized to receive separation pay at the time of his discharge from...
ARMY | BCMR | CY2010 | 20100007578
Army medical records from 1941 show the date he was wounded in action as 14 October 1943 and not 18 September 1943 as shown on his WD AGO Form 53-55. There are no general orders in the available records that show award of the Silver Star. The applicant contends that her father's WD AGO Form 53-55 should be corrected to show the Silver Star, his rank as a S/Sgt, and the date wounded as 14 October 1943.
ARMY | BCMR | CY2010 | 20100007579
Army Regulation 600-8-22 (Military Awards) states: a. Records show 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: a. awarding him the Purple Heart for wounds sustained in action against the enemy on 30 January 1968, and also awarding him the Army Good Conduct Medal for the period 9 September 1966 through 24 July 1968; and b. adding the Purple Heart, Army Good Conduct...
ARMY | BCMR | CY2010 | 20100007585
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action. There is no evidence in the available records and the applicant has not provided sufficient evidence that shows he sustained injuries as a result of hostile action or that he received treatment for injuries that were sustained as a result of hostile action.
ARMY | BCMR | CY2010 | 20100007588
The applicant states upon the FSM's retirement on 30 November 1996 he elected SBP coverage. On 2 March 1999, the FSM completed a DD Form 2656-2 in which he elected to terminate SBP. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing the FSM's DD Form 2656-2, dated 2 March 1999 was invalid; b. showing the FSM's continued enrollment in the SBP for "spouse only" coverage; and c. paying the applicant the SBP annuity...
ARMY | BCMR | CY2010 | 20100007589
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his service in Southwest Asia during the Gulf War and deployment dates. Item 18 of this DD Form 214 does not show the dates of his deployment.
ARMY | BCMR | CY2010 | 20100007590
A search of the ADCARS did reveal his platoon leader (the author of the letter dated 2 January 2010) was awarded the Bronze Star Medal with V Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 27 August 1968, while assigned to Company B, 2nd Battalion, 16th Infantry. Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era the Combat Infantryman Badge was...
ARMY | BCMR | CY2010 | 20100007592
Application for correction of military records (with supporting documents provided, if any). Records show 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: a. removing from item 24 of his DD Form 214 the Vietnam Service Medal b. adding to item 24 of his DD Form 214 the: * Air Medal * Vietnam Service Medal with three bronze service stars * Presidential Unit Citation *...
ARMY | BCMR | CY2010 | 20100007596
The applicant requests that item 12c (Net Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 10 September 2007 be corrected. Army Regulation 635-5 (Separation Documents) states that entries for the DD Form 214 include: * item 12a the beginning date of the continuous period of active duty for which the DD Form 214 is being issued * item 12b the date of separation * net service for the period shown is computed by subtracting item...
ARMY | BCMR | CY2010 | 20100007600
IN THE CASE OF: BOARD DATE: 9 September 2010 DOCKET NUMBER: AR20100007600 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Therefore, in accordance with the advisory opinion, it would be equitable to correct his records to show he was granted a military education waiver and to have his records considered for promotion to LTC by an SSB under the 2009 criteria. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing he...
ARMY | BCMR | CY2010 | 20100007601
The applicant requests item 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active duty) be corrected to show the entry MEMBER COMPLETED FIRST FULL TERM OF SERVICE instead of MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE. 2. His DD Form 4/1 (Enlistment//Reenlistment Document), dated 12 May 2007, shows the applicant reenlisted for a period of 5 years. The regulation states that a Soldier should not be considered to have completed the first full term of...
ARMY | BCMR | CY2010 | 20100007602
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his military occupational specialty (MOS) title as "Ground Surveillance Systems Operator," not "Ground Survival System Operator." The evidence of record shows the applicant completed the Ground Surveillance Systems Operator course.
ARMY | BCMR | CY2010 | 20100007609
IN THE CASE OF: BOARD DATE: 21 September 2010 DOCKET NUMBER: AR20100007609 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that his records be corrected to show he was placed on the Retired List as a sergeant first class (SFC)/E-7. The orders show he was placed on the Retired List in the rank of SSG.
ARMY | BCMR | CY2010 | 20100007614
Application for correction of military records (with supporting documents provided, if any). He states his DD Form 214 does not show the Purple Heart being awarded to him due to actions during an attack on Fire Base Bastogne. There are no orders in his military personnel records awarding him the Purple Heart.
ARMY | BCMR | CY2010 | 20100007618
The applicant requests correction of his records to show he was awarded the Army Commendation Medal, Army Good Conduct Medal, and a Certificate of Appreciation. There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Army Commendation Medal. The applicant provides the following documents: a. DA Form 4980-14 (Army Commendation Medal Certificate) and Army Commendation Medal Citation that show he was awarded the Army Commendation Medal...