ARMY | BCMR | CY2010 | 20100027839
In a letter from DFAS Retired and Annuity Pay, dated 23 August 2010, the applicant was informed that they could not process his SBP request because notification of gaining spouse must have been received within 1 year of the marriage to add a spouse. The member may elect not to participate (with their spouses concurrence, if required), but the election must be made before the first day for which the member is eligible to receive retired pay. As a result, the Board recommends that all...
ARMY | BCMR | CY2010 | 20100027840
These orders further show that upon his release from active duty he was required to: a. inform the 108th Training Command (IET) G-1 Enlisted Management Branch by email that he was no longer on active duty; b. report to his assigned unit (498th Transportation Company, position 0150/ paragraph 103/line 02) in MOS 88M4O as a platoon sergeant in Mobile, AL; c. understand that as a condition of this promotion he must transfer to the above position and remain in that position for 12 months from...
ARMY | BCMR | CY2010 | 20100027841
The applicant provided copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), correspondence to and from the Army Board for Correction of Military Records (ABCMR), four commendatory letters, a Marksmanship Award Ceremony handout, and a certificate of training. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or...
ARMY | BCMR | CY2010 | 20100027845
The applicant requests: * reinstatement to the rank/grade of sergeant first class (SFC)/E-7 in the Arizona Army National Guard (AZARNG) * removal of the Arizona Nonjudicial Punishment (AZNJP) Form 1 (Record of Proceedings Under Article 26-1015, Arizona Code of Military Justice (ACMJ)), dated 1 July 2010, from his official military personnel file (OMPF) * payment of special duty additional pay (SDAP) for the months of April, May, and June 2010 (recruiter pay) * opportunity to compete for...
ARMY | BCMR | CY2010 | 20100027848
The applicant requests an upgrade of his general discharge to an honorable discharge. The applicant states that after speaking with an attorney, he was advised that he could not be discharged for being a rehabilitative failure while he was in rehabilitation. The applicant's records show he was counseled on 12 separate occasions for: * testing positive for both tetrahydrocannabinol and cocaine during a troop urinalysis * overall performance * failing to report to physical training * failing...
ARMY | BCMR | CY2010 | 20100027849
On 15 December 1997, the Army Discharge Review Board (ADRB) denied the applicant's request to re-characterize his service. There are no available medical records or other evidence relating to the applicant's medical condition at the time he was charged or separated. ___________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 | 20100027851
On 25 June 2003, the applicant consulted with counsel and voluntarily requested discharge under the provisions of Army Regulation 635-200 (Personnel Separation Enlisted Personnel), chapter 10 (Request for Discharge in Lieu of Trial by Court-Martial). The applicant's request for discharge states he had not been subjected to coercion with respect to his request. An under other than honorable conditions discharge would normally be given to an individual who was discharged for the good of...
ARMY | BCMR | CY2010 | 20100027853
The applicant requests that his under other than honorable conditions (UOTHC) discharge be upgraded to a general discharge; that the reason for his discharge be changed from misconduct, commission of a serious offense to voluntary; and that the National Defense Service Medal (NDSM), Army Service Ribbon (ASR), and Combat Action Badge (CAB) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). That portion of the applicant's request that pertains to changing the...
ARMY | BCMR | CY2010 | 20100027863
His DD Form 214 shows he served in Vietnam from 20 April 1970 to 16 June 1971. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. In the absence of orders or other evidence of record showing he was injured or treated for wounds as a result of hostile action in Vietnam, the statement provided by the applicant alone is not sufficient as a basis for award of the Purple Heart.
ARMY | BCMR | CY2010 | 20100027864
The applicant states the following awards which are entered on his DA Form 20 (Enlisted Qualification Record) are missing from his DD Form 214: * Air Medal with one oak leaf cluster * three overseas service bars * two Air Medals with "V" Devices * Army Commendation Medal and Army Commendation Medal with oak leaf cluster * Aircraft Crewmember Badge 3. General Orders Number 8625, HQ, 1st Cavalry Division (Airmobile), dated 17 July 1968, awarded him the Army Commendation Medal for meritorious...
ARMY | BCMR | CY2010 | 20100027865
On 29 September 1982, he voluntarily requested discharge for the good of the service under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 10. In his voluntary request for discharge, he indicated he understood if his request were accepted he could receive a UOTHC discharge and that by submitting his request he was admitting he was guilty of the charge against him or a lesser-included offense. _______ _ X_____ ___ CHAIRPERSON I certify that...
ARMY | BCMR | CY2010 | 20100027868
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his discharge under other than honorable conditions be upgraded to an honorable discharge. On 22 March 1976 nonjudicial punishment (NJP) was imposed against him for failure to go to his place of duty (Guard Duty) and for driving while under the influence of alcohol.
ARMY | BCMR | CY2010 | 20100027875
The applicant states his discharge processing contained many discrepancies: * he was an outstanding Soldier in initial training and during his military service * the consumption of alcohol was common practice among noncommissioned officers in his unit * his discharge was based on an erroneous enrollment in the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) * no proper medical assessment to enroll him was conducted * his discharge was under duress because he was harassed by...
ARMY | BCMR | CY2010 | 20100027876
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests an upgrade of his undesirable discharge (UD) to a general discharge (GD). In so doing I was AWOL for a period of 14 months.
ARMY | BCMR | CY2010 | 20100027878
BOARD DATE: 11 August 2011 DOCKET NUMBER: AR20100027878 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. In connection with the applicant's enlistment, he and his recruiter signed Annex E (NPS Enlistment Bonus Addendum) to his DD Form 4 (Enlistment/Reenlistment Document). The applicant enlisted for a $20,000.00 NPS Enlistment Bonus on 23 September 2008 and training in critical skill MOS 52D, which converted to 91D on 1 October 2009. b.
ARMY | BCMR | CY2010 | 20100027881
Army Regulation 600-8-22 (Military Awards), currently in effect, states the Purple Heart is awarded for a wound/injury sustained in action against an enemy or as a result of hostile action. While the sincerity of the applicant's claim that he was awarded the Purple Heart while in a hospital in France and refused the award is not in doubt, the available evidence does not establish he was wounded or injured as a result of enemy action or that treatment for his wounds or injuries were made a...
ARMY | BCMR | CY2010 | 20100027885
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. His DD Form 214 issued at the time of his REFRAD shows in item 3 (SSN) the entry "x4x-xx-xxxx" and his DD Form 214 does not reflect a HOR. As a result, the Board recommends that all Department of the Army records of the individual concerned...
ARMY | BCMR | CY2010 | 20100027886
The applicant requests, in effect, correction of his record to show he received a general discharge (GD) in lieu of the undesirable discharge he was issued. The evidence of record does not support the applicant's request for correction of his record to show he received a GD. _______ _ _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 | 20100027892
Application for correction of military records (with supporting documents provided, if any). Promotion boards, promotion point calculation, and promotion list maintenance is handled in the field. In this case, there is no evidence the applicant was ever recommended for promotion by a local promotion board; that he was on a promotion standing list; and/or that he met a monthly promotion cut-off score during his active duty tenure.
ARMY | BCMR | CY2010 | 20100027893
A promotion worksheet and AHRC Form 56-R filed in the applicant's official military personnel file (OMPF) shows the officer's position upon promotion would be 0145/9992 and he was assigned to that position effective 7 July 2010. It states in: a. Paragraph 4-18, the Secretary of the Army may determine whether an adjustment must be made to an officer's DOR and effective date of promotion due to an involuntary delay of promotion of the officer. b. Paragraph 4-21b, the effective date and date...
ARMY | BCMR | CY2010 | 20100027894
The applicant requests, in effect, his military records be corrected to show he completed 20 years of qualifying service for a Reserve Component retirement. His ARNG Retirement History Statement, prepared on 10 June 2008, shows his ARNG and USAR service. His USAR Personnel Command Chronological Statement of Retirement Points, dated 7 June 2011, shows he completed 17 years of qualifying service for retired pay.
ARMY | BCMR | CY2010 | 20100027895
It must also be presumed, in the absence of evidence to the contrary, that at the time the applicant underwent his separation physical medical personnel properly determined that his medical condition, if he had any, did not warrant consideration under the Physical Disability Evaluation System and/or referral to a medical and/or physical evaluation board. In the absence of evidence to show that at the time of his discharge he was unfit for separation or that he could not perform the duties...
ARMY | BCMR | CY2010 | 20100027901
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 11 July 1979, the appropriate separation authority voided his 1976 enlistment under the provisions of Army Regulation 635-200, paragraph 14-15a(1), based on his concealment of his 1975 discharge under other than honorable conditions. His military records contain no evidence which would entitle him to an upgrade of his 1975 discharge.
ARMY | BCMR | CY2010 | 20100027903
Paragraph 5-11 specifically provides that Soldiers who were not medically qualified under procurement medical fitness standards, when accepted for enlistment, or who became medically disqualified under these standards prior to entrance on active duty or active duty training or initial entry training will be separated. A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within six months of the...
ARMY | BCMR | CY2010 | 20100027906
The applicant requests, in effect, award of two Purple Hearts and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he earned two Purple Hearts. The applicant provides copies of his DD Form 214 and pages 3 and 4 of his DA Form 20 (Enlisted Qualification Record). _______ _ 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 | 20100027909
The applicant requests correction to his DD Form 214 (Report of Separation from Active Duty) to show he entered the Army on 1 May 1975. His service record contains a second DD Form 4 that shows he enlisted in the Regular Army (RA) on 12 May 1975 for a period of 3 years. For item 15 (Date Entered Active Duty This Period) enter the beginning date of the continuous period of active duty for issuance of this DD Form 214 for which a DD Form 214 was not previously issued.
ARMY | BCMR | CY2010 | 20100027911
The applicant requests, in effect, reconsideration of his earlier request for correction of his records by expunging from the U.S. Army Criminal Investigation Command (USACIDC) U.S. Army Crime Records Center all documents concerning his use of cocaine. A letter from the U.S. Army Crime Records Center, dated 6 October 2009, was sent to the applicant in response to his request for release of information from the files of the USACIDC. The U.S. Army Crime Records Center has no document that...
ARMY | BCMR | CY2010 | 20100027913
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his rank as sergeant. The applicant's military records are not available to the Board for review. _______ _ 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 | 20100027914
IN THE CASE OF: BOARD DATE: 9 June 2011 DOCKET NUMBER: AR20100027914 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests his DD Form 214 (Certificate of Release or Discharge from Active Duty), Items 7a (Place of Entry into Active Duty) and 7b (Home of Record (HOR) At Time of Entry), be changed to "Massachusetts." _______ _ _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military...
ARMY | BCMR | CY2010 | 20100027916
The applicant requests his correction of his records to show he retired under medical conditions. It states members are entitled to retired pay when they are at least 60 years of age and have performed at least 20 years of qualifying service. He was found to be medically disqualified for further retention in the USAR which entitled him to transfer to the Retired Reserve, but it did not entitle him to retired pay.
ARMY | BCMR | CY2010 | 20100027918
The applicant requests reconsideration of earlier requests to: * add the Humanitarian Service Medal (HSM) to his DD Form 214 (Certificate of Release or Discharge from Active Duty) * show he completed the International Morse Code Course in item 14 (Military Education) of his DD Form 214 2. The applicant states: * he was awarded the HSM for participation in Operation Hawkeye in the Virgin Islands in September 1989 * he completed the International Morse Code Course in 1986 3. The military...
ARMY | BCMR | CY2010 | 20100027919
He acknowledged he understood if his discharge request was approved, he would normally be discharged under conditions other than honorable. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. ____________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 | 20100027923
Consequently, due to the two concepts involved, an individual's medical condition, although not considered medically unfitting for military service at the time of processing for separation, discharge or retirement, may be sufficient to qualify the individual for VA benefits based on an evaluation by that agency. Consequently, the applicant's medical condition of PTSD with depressive disorder, although not considered medically unfitting for military service at the time of processing for...
ARMY | BCMR | CY2010 | 20100027924
IN THE CASE OF: BOARD DATE: 28 June 2011 DOCKET NUMBER: AR20100027924 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, he be placed on the retired list as a sergeant/E-5. Evidence of record shows he was promoted to sergeant/E-5 in April 2004 and he was reduced in rank to specialist/E-4 due to misconduct in 2010.
ARMY | BCMR | CY2010 | 20100027933
The applicant states he never received the award of the AGCM after having served 4 years of active duty service with no time lost or disciplinary actions. After carefully examining the applicants record of service, it appears that the applicant should have received the first award of the AGCM for his service from 30 October 1991 through 29 October 1994. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him...
ARMY | BCMR | CY2010 | 20100027935
On 9 February 1976, the separation authority approved the applicant's discharge under the provisions of chapter 13 of Army Regulation 635-200 and ordered that the applicant be issued a General Discharge Certificate. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. The discharge proceedings were conducted in accordance with law and regulations applicable at the time and the character of the...
ARMY | BCMR | CY2010 | 20100027936
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. Paragraph 5-13 provides that a Soldier may be separated for a personality disorder, not amounting to a disability under Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), that interferes with assignment to or performance of duty. The governing regulation states a separation...
ARMY | BCMR | CY2010 | 20100027941
The applicant requests removal of a revocation order from his official military personnel file (OMPF). Table 2-1 (Composition of the OMPF) of this Army regulation shows that award orders (includes badges, bars, tabs, and so forth) are filed in the performance portion of the OMPF. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing Headquarters, United States Maneuver Center of Excellence, Fort Benning, Orders...
ARMY | BCMR | CY2010 | 20100027945
The applicant provides: * General Orders Number 1747 * DD Form 214 CONSIDERATION OF EVIDENCE: 1. Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Army Good Conduct Medal for the period 11 September 1968 to 13 April 1970 * deleting the...
ARMY | BCMR | CY2010 | 20100027948
In a memorandum for MILPO's, dated 1 September 2004, the NGB stated that the mobilization promotion policy applied to ARNG officers recommended for promotion to the grades of captain through LTC who are mobilized under the provisions of Title 10, U.S. Code, sections 12301(a), 12302 and 12304. The NGB stated there was no AGR LTC position available for him to be promoted into. Evidence indicates the applicant later resigned from the AGR program, accepted an ADOS position, and was promoted to...
ARMY | BCMR | CY2010 | 20100027949
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his overseas service was served in Korea, versus Eighth U.S. Army (EUSA). His DD Form 214 confirms he completed 2 years of total active service. The applicant's request for correction of his DD Form 214 to show his overseas service was served in Korea versus EUSA was carefully considered; however, there is insufficient evidence to support his request.
ARMY | BCMR | CY2010 | 20100027950
The applicant requests that his undesirable discharge be upgraded to an honorable discharge based on Secretarial Authority. There is no evidence in the available records to show that he ever applied to the Army Discharge Review Board for an upgrade of his discharge within that boards 15-year statute of limitations. However, at the time the applicant was discharged an undesirable discharge was appropriate.
ARMY | BCMR | CY2010 | 20100027955
U.S. Military Community Activity Bamberg memorandum, dated 29 April 1985, subject: Synopsis of Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) Rehabilitation Activities, shows the applicant was enrolled in ADAPCP Track I on 11 January 1985. On 31 May 1985, the separation authority approved the chain of command's recommendation for discharge of the applicant and directed that he be discharged under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct ...
ARMY | BCMR | CY2010 | 20100027957
This document shows the Meritorious Unit Commendation was awarded to the 539th Transportation Company for these periods: * from 1 November 1967 to 31 October 1968 by DAGO Number 39, dated 1970 * from 1 November 1968 to 31 January 1970 by DAGO Number 51, dated 1971 c. This same publication shows the 539th Transportation Company received the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January to 31 December 1971 by DAGO Number 32, dated 1973. d....
ARMY | BCMR | CY2010 | 20100027964
His record is also void of documentation showing he was awarded the CIB. In a statement provided with his application, the applicant indicated that he served with 1st Battalion, 20th Infantry, as an RTO and forward observer, but he was not eligible for the CIB because of his MOS. While the available documentation generally confirms his account of his service in Vietnam, it does not show definitively that he was assigned primary duty under MACV as an RTO accompanying infantry or...
ARMY | BCMR | CY2010 | 20100027965
The applicant requests his rank and pay grade on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 14 November 2008 be corrected to show sergeant (SGT)/pay grade E-5. This regulation states that the Soldier's active duty grade or rank and pay grade at the time of separation would be entered in item 4a and item 4b of the DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2010 | 20100027966
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 May 2008 to show "3xxx West Third Street, Dayton, Ohio 45417" was his home of record (HOR) at the time he entered active duty. His records contain a DD Form 4 (Enlistment/Reenlistment Document) showing his HOR as Dayton, OH at the time of his enlistment in the USAR Delayed Entry/Enlistment Program (DEP) and subsequent enlistment in the Regular Army on 26...
ARMY | BCMR | CY2010 | 20100027967
The applicant states his discharge is inequitable because of one incident during his 4 years of service. The applicant's DD Form 214 shows he was discharged on 23 December 1971 under the provisions of Army Regulation 635-206 (Personnel Separations Discharge Misconduct) for misconduct with a characterization of under conditions other than honorable. Although the entire separation packet surrounding the applicant's discharge processing is not available, the evidence does include a...
ARMY | BCMR | CY2010 | 20100027971
The applicant requests an upgrade of his under other than honorable conditions discharge. The DD Form 214 (Report of Separation from Active Duty) he was issued shows he was discharged for the good of the service - in lieu of a court-martial with an Undesirable Discharge Certificate. 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.
ARMY | BCMR | CY2010 | 20100027974
The applicant provides copies of: * DD Form 214 * General Orders Number 3898 * General Orders Number 2603 * Social Security Card CONSIDERATION OF EVIDENCE: 1. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 3 of his DD Form 214 to show his SSN as 528-x2-xxxx, and item 24 to add the following awards: * Purple Heart (Second Oak Leaf Cluster) * Air Medal * Republic of Vietnam Gallantry Cross with Palm Unit...