ARMY | BCMR | CY2010 | 20100028295
IN THE CASE OF: BOARD DATE: 21 June 2011 DOCKET NUMBER: AR20100028295 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his 27 November 2007 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank and pay grade as staff sergeant (SSG)/E-6. Item 18 of this form shows he had an approved grade determination to the rank of SSG/E-6 and stated that his severance pay would be calculated based on the rank and pay grade of SSG/E-6.
ARMY | BCMR | CY2010 | 20100028299
The applicant's records show she enlisted in the U.S. Army Reserve (USAR) on 26 April 1999. However, her records contain a copy of Orders 02-043-015, issued by Headquarters, 88th Regional Support Command, Fort Snelling, MN, dated 12 February 2002, that show she was released from Company C, 983rd Engineer Battalion, and reassigned to the USAR Control Group (Annual Training), effective 27 February 2002, in accordance with Army Regulation 140-10 (Assignments, Attachments, Details, or...
ARMY | BCMR | CY2010 | 20100028301
The applicant states in 2001 a court order sealed and expunged the arrest record and all other records pertaining to the incident. He subsequently entered the military on 13 August 2002; therefore, the arrest record should never have been listed as part of his official military record. His security clearance application clearly states that even offenses that have been stricken must be disclosed with the only exception that certain drug convictions expunged by a Federal Court may be withheld.
ARMY | BCMR | CY2010 | 20100028303
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart. Item 21 (Awards and Decorations) of his DA Form 66 shows General Orders Number 9091, Headquarters, 9th Infantry Division, dated 25 April 1968, awarded him the Purple Heart. His DA Form 66 shows Headquarters, 9th Infantry Division, General Orders Number 9091, awarded him the Purple Heart on 25 April 1968; however, the official awards...
ARMY | BCMR | CY2010 | 20100028304
IN THE CASE OF: BOARD DATE: 14 June 2011 DOCKET NUMBER: AR20100028304 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. He has elected to receive disability retirement pay in lieu of regular retirement pay. The applicant is not eligible to receive a 20-year Reserve retirement letter because he has not attained at least 20 years of qualifying service.
ARMY | BCMR | CY2010 | 20100028305
On 8 January 1973, the Army Discharge Review Board denied his request for an upgrade of his discharge. His service record contains a DD Form 215, dated 12 February 1973, which amended items: * 22a(1) (Net Service This Period) - 1 year, 10 months, and 25 days * 22a(3) (Total) - 1 year, 10 months, and 25 days * 22b (Total Active Service) - 1 year, 10 months, and 25 days * 22c - 11 months and 26 days * 26a (Non-Pay Periods Time Lost) - 16 September 1970 through 28 March 1971 * 30 (Remarks) ...
ARMY | BCMR | CY2010 | 20100028308
The applicant requests his general discharge be upgraded to an honorable discharge. He further acknowledged he understood if he received a less than honorable discharge he could make an application to the Army Discharge Review Board (ADRB) or the ABCMR for an upgrade of his 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 | 20100028316
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal (ARCOM) with "V" Device. Therefore, his records should be corrected to show this unit award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the ARCOM and Vietnam Service Medal from his DD Form 214 and b. adding the Army Commendation Medal with...
ARMY | BCMR | CY2010 | 20100028318
On 10 March 1982, the Clinical Director of the Alcohol and Drug Abuse Program (ADAP) stated that the applicant self-referred himself to ADAP on 20 January 1982. Accordingly, on 28 April 1982, the applicant was given a general discharge for drug rehabilitation failure. There is no evidence of the applicant filing a complaint about being kicked or his discharge being based on racism.
ARMY | BCMR | CY2010 | 20100028320
With respect to his promotion, the applicant states in a letter addressed to the Secretary of the Army: * Reserve officers were discriminated against since it was the promotion boards' prior determination (a quota system) that all promotions would go to Regular Army (RA) officers and minorities * his non-selection for promotion to COL is a grave injustice * promotion boards were in violation of equal protection and due process rights of persons considered for promotion under the Fifth...
ARMY | BCMR | CY2010 | 20100028323
The applicant provides: * a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 1 April 1981 to 3 October 1983 showing he was honorably released from active duty [Item 18 (Remarks) shows the DD Form 214 was administratively issued on 28 May 2003] * a DD Form 214 for the period 28 June 1977 to 2 May 2003 showing he was discharged due to court-martial, other CONSIDERATION OF EVIDENCE: 1. His conviction and discharge were effected in accordance with applicable law...
ARMY | BCMR | CY2010 | 20100028326
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in: * item 12f (Foreign Service) the proper record of service * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Global War on Terrorism Expeditionary Medal (GWOTEM) 2. Army Regulation 600-8-22 (Military Awards) states: a. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2010 | 20100028329
The applicant states that, because neither award had been entered into his personnel file by the time he was separated, they were not entered onto his DD Form 214. His DD Form 214 lists his authorized awards as the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, Combat Infantryman Badge, and the Marksman Marksmanship Qualification Badge with Rifle Bar. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2010 | 20100028330
Public Law 95-397, the Reserve Component SBP (RCSBP), enacted 30 September 1978, provides a way for those who had qualified for reserve retirement but were not yet age 60 [upon which they would be eligible to begin drawing retired pay, upon request, and to participate in the SBP], to provide an annuity for their survivors should they die before reaching age 60. The evidence of record shows that in preparation for retirement, the applicant elected to participate in the SBP with full spouse...
ARMY | BCMR | CY2010 | 20100028333
The applicant states: * His DD Form 214 shows his rank and grade as specialist four * He was promoted to sergeant/E-5 on 15 September 1967 3. The applicant provides: * Promotion orders * DD Form 214 * Discharge orders from the U.S. Army Reserve (USAR) * Honorable Discharge Certificate from the USAR CONSIDERATION OF EVIDENCE: 1. 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...
ARMY | BCMR | CY2010 | 20100028334
His record contains (and he also provides) a statement rendered by Sergeant (SGT) T--d B---r, wherein he recommended that the applicant be granted an administrative discharge for the good of the service under the provisions of chapter 10 of Army Regulation 635-200 (Personnel Separations). He concluded that he felt it would be more beneficial to the Army, his family, and to himself to be granted an administrative discharge for the good of the service under the provisions of chapter 10 of...
ARMY | BCMR | CY2010 | 20100028335
The applicant requests his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 8 October 1967 be corrected to show his active duty service in the U.S. Army Reserve (USAR) from February 1969 to June 1970. There is no evidence of record which shows he served on active duty in the USAR during the period February 1969 to June 1970. Since there is no evidence of record which shows he served on active duty in the USAR during the period February...
ARMY | BCMR | CY2010 | 20100028339
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his award of the Army Commendation Medal (ARCOM) for the period 25 October to 15 December 1993 and the Kuwait Liberation Medal (KLM). The applicant states that his award of the ARCOM and the KLM were not included on his DD Form 214. This award coupled with his ARCOM for the period 25 October to 15 December 1993 equates to the two awards of the ARCOM that are presently shown...
ARMY | BCMR | CY2010 | 20100028341
The applicant requests that the military records of his great grandfather, a former service member (FSM), be corrected to show he was awarded the Purple Heart as a result of being wounded during World War I. Based on his service from 7 October 1917 through 7 April 1919, the FSM was entitled to the World War I Victory Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the FSM the Purple Heart for wounds...
ARMY | BCMR | CY2010 | 20100028343
The applicant's complete military record is not available to the ABCMR for review. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the: * Korean Service Medal with two bronze service stars * Purple Heart * United Nations Service Medal 5. Army Regulation 600-8-22 states the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and...
ARMY | BCMR | CY2010 | 20100028346
The applicant requests his under other than honorable conditions discharge be upgraded to a general discharge. On 21 February 1979, court-martial charges were preferred against him for one specification of being AWOL from 2 December 1978 to 15 February 1979. His DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200, chapter 10, for the good of the service - in lieu of a court-martial, with a character of service of under other than honorable conditions.
ARMY | BCMR | CY2010 | 20100028348
The applicant requests an upgrade of his under other than honorable conditions discharge. On 20 April 1977, the separation authority approved his request for discharge under the provisions of chapter 10, Army Regulation 635-200, and directed that he be given a DD Form 794A (Under Other than Honorable Conditions Discharge Certificate). On 19 April 1979, the Army Discharge Review Board denied his request for an upgrade of his discharge.
ARMY | BCMR | CY2010 | 20100028349
Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. The commander of any Army unit which has Army aircraft assigned may authorize temporary award of the Basic Aviation Badge to qualified personnel in the unit. It does not appear he was authorized the Aircraft Crewman Badge, now known as the Basic Aviation...
ARMY | BCMR | CY2010 | 20100028351
Application for correction of military records (with supporting documents provided, if any). The applicant requests the Combat Infantryman Badge (CIB) be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States). The applicant's military records are not available to the Board for review.
ARMY | BCMR | CY2010 | 20100028352
On 21 January 1993, the applicant voluntarily requested discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Personnel Separations), chapter 10, for the good of the service. The appropriate authority approved the applicant's request for discharge for the good of the service and directed that he be issued a discharge UOTHC. Records show that the applicant was almost 22 years of age at the time of his offense.
ARMY | BCMR | CY2010 | 20100028355
Item 22 (Military Occupational Specialties) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded MOS 71B (clerk typist) on 13 August 1971. The evidence of record shows he was initially trained in MOS 71B and that he was awarded MOS 71B as his primary MOS while serving on active duty. Therefore, at the time his DD Form 214 was completed and issued, it correctly showed his primary specialty number and title as 71B, clerk typist.
ARMY | BCMR | CY2010 | 20100028357
The applicant requests upgrade of his discharge to general under honorable conditions. The separation authority approved the applicant's request and directed that he be issued an undesirable discharge. The applicant claims he had a drinking problem that contributed to his AWOL.
ARMY | BCMR | CY2010 | 20100028362
On 2 January 1970, the separation authority approved the applicant's request for discharge and directed the issuance of an undesirable 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 service during his last enlistment included one NJP and serious offenses (attempted murder) for which court-martial charges were preferred against him.
ARMY | BCMR | CY2010 | 20100028363
The applicant requests correction of his military records to show he was promoted to captain (CPT), pay grade O-3 effective 15 January 2008. The applicant contends that his military records should be corrected to show he was promoted to captain (CPT), pay grade O-3 effective 15 January 2008. Notwithstanding the advisory opinion, the applicant's records should be corrected to show that: a. he was disenrolled from USUHS on 15 January 2008 in the rank of 2LT with a DOR of 1 June 2002; b. he...
ARMY | BCMR | CY2010 | 20100028364
Application for correction of military records (with supporting documents provided, if any). Counsel provides: * a Command Report for Headquarters, 82nd Antiaircraft Artillery (AAA) Automatic Weapons (AW) Battalion for the period 1 to 28 February 1951 * e-mail correspondence * rosters for Battery B, 82nd AAA AW Battalion, dated 19 July 1950 and 31 January 1951 * a Standard Form 88 (Report of Medical Examination) * a Standard Form 89 (Report of Medical History) * a Statement of Service * DD...
ARMY | BCMR | CY2010 | 20100028367
The applicant states the awards were not properly recorded on his DD Form 214. Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal for his qualifying honorable active duty service from 18 March 1968 through 21 October 1969 and to add this award to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Combat Infantryman Badge; b. awarding him the...
ARMY | BCMR | CY2010 | 20100028368
The applicant requests an upgrade of his general discharge to an honorable discharge. He was notified by his immediate commander of his intent to initiate separation action under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 14, for the commission of a serious offense (driving under the influence). Based on his record of misconduct including the commission of a serious offense his service clearly did not meet the standards of acceptable...
ARMY | BCMR | CY2010 | 20100028369
The applicant requests, in effect: * correction of his records to show he was awarded 16 years of constructive service credit (CSC) instead of 14 years * correction of his rank and grade from major (MAJ)/O-4 to lieutenant colonel (LTC)/O-5 * adjustment of his DA Form 5074-R (Record of Award of Entry Grade Credit), DA Form 71 (Oath of Office), and letter of appointment to show his entry grade as LTC/O-5 2. The applicant provides: * Philadelphia College of Osteopathic Medicine transcripts,...
ARMY | BCMR | CY2010 | 20100028370
Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 1st Battalion, 40th Artillery was cited for award of the Meritorious Unit Commendation, for service from 6 June 1968 to 30 April 1969 based on Department of the Army General Orders Number 39, dated 1970. The evidence of record shows the applicant was awarded the Vietnam Service Medal. __________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of...
ARMY | BCMR | CY2010 | 20100028373
The applicant's records do not contain general orders awarding him the Bronze Star Medal. In the absence of orders, regrettably, there is insufficient evidence to add the Bronze Star Medal to his DD Form 214. _______ _ _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 | 20100028374
A DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Service Officers)), dated 1 August 2006, shows he was granted 3 years of constructive service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing he was commissioned as a first lieutenant/pay grade O-2E with an effective date of 21 June 2006 and a DOR of 21 June 2005; b. issuing a corrected appointment letter showing he was appointed as a first...
ARMY | BCMR | CY2010 | 20100028377
Application for correction of military records (with supporting documents provided, if any). Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. ABCMR Record of Proceedings (cont) AR20100028377 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100028377 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2010 | 20100028381
A significant portion of the medical documents the applicant provided were available to the previous Board when his request for a disability discharge was reviewed; however, the court cases, his request for retirement, and incapacitation pay are considered new evidence and new issues that require reconsideration. Discharges under chapter 10, Army Regulation 635-200 take precedence over medical separation processing and the applicant has not shown that his physical conditions were the cause...
ARMY | BCMR | CY2010 | 20100028382
The applicant states: * he was released from the U.S. Army due to an involuntary medical condition that occurred while he was on active duty * he was placed on the Temporary Disability Retired List (TDRL) due to prostrating headaches * due to the findings of his last physical evaluation board (PEB) on 16 June 2008, he was released from the TDRL and honorably discharged * his DD Form 214 (Certificate of Discharge or Release from Active Duty) shows his RE code as "4" * as a result, his RE code...
ARMY | BCMR | CY2010 | 20100028386
The applicant requests that his DA Form 20 (Enlisted Qualification Record) be corrected to show: * He was assigned to Headquarters and Headquarters Company (HHC), S-5, 3d Brigade 1st Cavalry Division (Airmobile) and not HHC, 5th Battalion, 7th Cavalry Regiment * That he was assigned in the military occupational specialty (MOS) of a psychological operations specialist and not a stock control and accounting specialist * That he is authorized the award of the Air Medal * That he is authorized...
ARMY | BCMR | CY2010 | 20100028388
The applicant's records do not contain orders awarding him more than one Air Medal. There is no evidence the applicant was awarded more than one Air Medal; adding OLC's (or numerals) to his already-awarded Air Medal; therefore, there is insufficient evidence to grant this relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following to his DD Form 214 with an effective date of 1 October 1971: * Parachutist...
ARMY | BCMR | CY2010 | 20100028393
Application for correction of military records (with supporting documents provided, if any). It took seven days of hiding from the NVA before they were extracted and flown back to Thailand for debriefing and were told to keep their mouths shut about the rescue mission or something might happen to them. The applicant contends that his military service records should be corrected to shows his service in the RVN.
ARMY | BCMR | CY2010 | 20100028395
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. In his voluntary request for discharge, he indicated he understood that if his request was accepted he could be discharged under other than honorable conditions. After serving three months in the stockade, I was approached by [a lieutenant], in which he threatened me with a Court Martial and to send me straight to Fort Leavenworth, KS.
ARMY | BCMR | CY2010 | 20100028397
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. However, evidence shows he held and served in an infantry MOS while assigned to an infantry unit in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting...
ARMY | BCMR | CY2010 | 20100028398
The applicant requests his discharge for physical unfitness with severance pay be corrected to a medical retirement. On 21 September 1968, an informal PEB convened and determined that the applicant was physically unfit due to schizophrenic reaction, paranoid type, slight severity, under Veterans Administration Schedule for Rating Disabilities (VASRD) Code 9203. Based on that diagnosis, it would appear that the PEB properly found the applicant's disability to be slight and assigned a...
ARMY | BCMR | CY2010 | 20100028399
Application for correction of military records (with supporting documents provided, if any). If he had not extended his enlistment to meet the service remaining requirement for assignment to Hawaii he would have 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 | 20100028404
The applicant requests reconsideration of her earlier request that the narrative reason for her separation be changed from personality disorder to unsatisfactory performance. e. her commander recommended separation for personality disorder and she consulted with counsel and requested that a board of officers consider her case. g. she was discharged on 10 October 2003 under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations),...
ARMY | BCMR | CY2010 | 20100028405
However, on 25 August 1980, the separation authority approved the recommendation for discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 14, for misconduct and directed the issuance of an under other than honorable conditions discharge. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. _________X_________ CHAIRPERSON I certify that...
ARMY | BCMR | CY2010 | 20100028409
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he was awarded the Bronze Star Medal with "V" Device and correction of his service number on the orders. The general orders awarding him the Bronze Star Medal with "V" Device show the wrong service number. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing his service number as...
ARMY | BCMR | CY2010 | 20100028411
The applicant requests upgrade of his general discharge to an honorable discharge. He further acknowledged that if he received a discharge certificate/character of service which was less than honorable, he could make an application to the Army Discharge Review Board (ADRB) or the ABCMR for an upgrade of his discharge. His DD Form 214 shows he was discharged on 18 April 1989 under the provisions of Army Regulation 635-200, chapter 14, by reason of misconduct - pattern of misconduct, with a...