ARMY | BCMR | CY2010 | 20100028842
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his discharge under other than honorable conditions be upgraded to a general discharge under honorable conditions. 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 a bad conduct or dishonorable discharge and he or she must indicate he or she has been briefed and...
ARMY | BCMR | CY2010 | 20100028848
The separation authority could direct a general discharge if such a discharge was merited by the Soldier's overall record. He was 18 years and 2 months of age when he went AWOL. 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 | 20100028849
The applicant requests to be awarded the Army Good Conduct Medal (AGCM) and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the AGCM and Korea Defense Service Medal (KDSM). The evidence shows the applicant served on active duty in the Republic of Korea during a designated period of time to qualify for award of the KDSM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2010 | 20100028852
The applicant requests, in effect, correction of his record to show he elected to discontinue participation in the Survivor Benefit Plan (SBP) and dismissal of the $10,502.66 debt established by the Defense Finance and Accounting Service (DFAS) for SBP premiums he did not pay when he remarried after he retired from military service. The evidence of record does not support the applicant's request for correction of his record to show he elected to discontinue participation in the SBP or...
ARMY | BCMR | CY2010 | 20100028853
Accordingly, on 13 March 1998, he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 3, by reason of court-martial with a dishonorable discharge. The applicant contends, in effect, his dishonorable discharge should be upgraded because his performance was outstanding prior to the discharge offenses and because he has health problems that are service related. His conviction and discharge were effected in accordance with...
ARMY | BCMR | CY2010 | 20100028854
The applicant, the former spouse of a Soldier, requests correction of records to show that on 16 September 2009, she applied and elected to receive payments under the Uniformed Services Former Spouses' Protection Act (USFSPA) under Title 10, U.S. Code, section 1408(h) (Benefits for Dependents Who are Victims of Abuse by Members Losing Right to Retired Pay) instead of applying for the Transitional Compensation under Title 10, U.S. Code, section 1059(g) (Spouse and Former Spouse Forfeiture...
ARMY | BCMR | CY2010 | 20100028858
The applicant requests correction of his record to show he was retired in the rank/grade of sergeant (SGT)/E-5. He also provides: * a Certificate of Retirement showing his rank as SPC * a memorandum, dated 2 September 2009, and Retiree Account Statement, dated 29 September 2009, from DFAS showing his rank as SGT * a Chronological Record of Medical Care, dated 17 June 2010, showing his DOB as 8 March 1984 and his rank as SGT 13. He states his DOB is 8 March 1984; however, his record shows...
ARMY | BCMR | CY2010 | 20100028859
The applicant states that he was appointed as a second lieutenant in the Hawaii Army National Guard (HIARNG) on 21 March 2009; however, due to administrative delays that were through no fault of his own, he did not receive Federal Recognition until 15 July 2010. In the processing of this case, a staff advisory opinion was obtained from National Guard Bureau (NGB) which recommends approval of the applicant's request to be promoted and granted Federal recognition for the rank of 2LT effective...
ARMY | BCMR | CY2010 | 20100028861
Temporary Federal recognition may be extended to an officer who has been appointed in the ARNG of a State and found to be qualified by a Federal Recognition Board pending final determination of eligibility and appointment as a Reserve commissioned officer of the Army. Records show the applicant was granted temporary Federal recognition effective 21 March 2009 upon her initial appointment in the HIARNG as a 2LT. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2010 | 20100028863
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. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.
ARMY | BCMR | CY2010 | 20100028869
The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and bronze service stars to be affixed to the Vietnam Service Medal. It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 20 June 1969 through 24 December 1971 based on completion of a period of...
ARMY | BCMR | CY2010 | 20100028870
This order also shows the U.S. Court of Military Appeals denied her petition for grant of review on 27 December 1990 and that her dismissal from the Army was to be effective 22 July 1991. The Army Discharge Review Board denied her request for an upgrade of the character of her service on 18 October 2002. Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted.
ARMY | BCMR | CY2010 | 20100028874
The applicant provides as indicated below. On 23 April 1975, the applicant consulted with counsel and voluntarily requested discharge for the good of the service under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by 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 included a punitive discharge, could submit a request for discharge for the good of the...
ARMY | BCMR | CY2010 | 20100028876
On 21 February 1975, his commander informed the applicant that he was initiating action to discharge him under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), under the Expeditious Discharge Program (EDP). There is no indication he applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. Based on his record of indiscipline, his service clearly did not meet the standards of...
ARMY | BCMR | CY2010 | 20100028877
Title 10, U.S. Code, section 1450(f)(3)(A) permits a former spouse to make a written request that an SBP election of former spouse coverage be deemed to have been made when the former spouse is awarded the SBP annuity incident to a proceeding of divorce. There is no evidence that shows he changed his SBP election from "spouse" to "former spouse" within 1 year of the divorce, and there is no indication the applicant requested the SBP coverage be deemed to her as a former spouse. As a...
ARMY | BCMR | CY2010 | 20100028880
On 1 October 1968, in conjunction with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) wherein he indicated his first name was "M******l." He authenticated this form by placing his signature in the appropriate place using the first name of "M******l." 3. The evidence of records shows that upon induction into the AUS on 2 October 1968, the applicant listed his first name as "M******l." This first name is consistent...
ARMY | BCMR | CY2010 | 20100028881
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. A review of the applicant's military personnel records failed to reveal any evidence he was authorized or awarded the Purple Heart. However, the evidence of record also shows that records of the alleged treatment were not found.
ARMY | BCMR | CY2010 | 20100028883
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to reflect all of his authorized awards. Accordingly, his records should be corrected to reflect all of his awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 26 of his DD Form 214 the Army Good Conduct Medal (1st Award).
ARMY | BCMR | CY2010 | 20100028884
They completed basic and advanced individual training (AIT) at Fort Knox and served their time in Germany. However, he was discharged under other than honorable conditions for the good of the service in lieu of trial by court-martial on 19 March 1974 under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 10, with the issuance of a DD Form 258A (Undesirable Discharge Certificate). Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a...
ARMY | BCMR | CY2010 | 20100028885
The applicant states the CIB was issued in April or May 1969, but no orders were received and the CIB is not listed on the DD Form 214. There are no orders or any other evidence in his OMPF showing he was recommended for or awarded the CIB. 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 effective 28 March 1969 and b. adding the KDSM, RVN Gallantry Cross with Palm Unit...
ARMY | BCMR | CY2010 | 20100028888
This casualty code refers to "hostile wounded in action, not serious, hospitalized." Therefore, he is entitled to award of the Purple Heart for wounds received in action on 6 February 1969 and correction of his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 the Vietnam Service Medal; b. awarding him the Purple Heart for wounds received in...
ARMY | BCMR | CY2010 | 20100028895
The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct middle name and DOB, will be filed in his Official Military Personnel File (OMPF). _________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. ABCMR Record of Proceedings (cont) AR20100028895 3 ARMY BOARD...
ARMY | BCMR | CY2010 | 20100028897
IN THE CASE OF: BOARD DATE: 2 June 2011 DOCKET NUMBER: AR20100028897 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). On 17 January 1990, the unit commander notified the applicant that he was initiating action to separate him under the provisions Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), paragraph 14-12c, for misconduct - commission of a...
ARMY | BCMR | CY2010 | 20100028898
There is no evidence he was awarded a second award of the Army Good Conduct Medal. Therefore, it would be appropriate at this time to award him the 2nd award of the Army Good Conduct Medal and to correct his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 13 of his DD Form 214 the Army Good Conduct Medal; b. awarding him the Army Good Conduct Medal (2nd Award) for...
ARMY | BCMR | CY2010 | 20100028900
On 15 May 1979, the company commander notified the applicant of his intent to recommend his separation from the Army under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 14, for conviction by a civil court. His DD Form 214 shows he was discharged on 20 February 1980 under the provisions of Army Regulation 635-200, chapter 14, for misconduct - conviction by civil court with a characterization of service of under other than honorable...
ARMY | BCMR | CY2010 | 20100028902
g. The applicant provides a timeline summarizing the events, as follows: * 3 April 2010 applicant and FSM married * 19 April 2010 FSM's SRP packet completed, including a DD Form 93 designating the applicant as primary beneficiary for the DG, burial expenses, unpaid P&A, and PADD of the FSM's remains * 4 June 2010 FSM deployed to Afghanistan * 16 September 2010 FSM died in combat in southern Afghanistan * 17 September 2010 FSM's commanding officer and battalion S-1 indicate FSM...
ARMY | BCMR | CY2010 | 20100028904
There is no evidence he applied to the Army Discharge Review Board within its 15-year statute of limitations for an upgrade of his discharge. The evidence of record shows he was 18 years and 9 months of age when he enlisted in the RA. _______ _ 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 | 20100028905
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) for the period ending 13 December 1994 to show award of the Humanitarian Service Medal, Armed Forces Service Medal, Kuwait Liberation Medal-Kuwait, and Parachutist Badge. Table 2-5 of Army Regulation 600-8-22 shows the qualifying period of service authorized for the Armed Forces Service Medal...
ARMY | BCMR | CY2010 | 20100028916
BOARD DATE: 14 July 2011 DOCKET NUMBER: AR20100028916 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. His service record is void of evidence that shows he submitted a written request to change the SBP coverage from children only coverage to spouse and children coverage within 1 year of his marriage. In the interest of equity, it would be appropriate to show that he added spouse coverage and two additional dependent children to his existing children coverage within 1 year of his marriage on...
ARMY | BCMR | CY2010 | 20100028917
The official stated, effective 1 April 2009, the PS enlistment bonus was no longer authorized for those who were not MOSQ at the time of enlistment. He stated the Soldier signed the enlistment bonus in good faith and had fulfilled all requirements in the contract to receive the bonus. As a result, the Board recommends that all Department of the Army and State Army National Guard records of the individual concerned be corrected to: * Show he enlisted for MOS 35M, qualified for a $15,000...
ARMY | BCMR | CY2010 | 20100028919
IN THE CASE OF: BOARD DATE: 21 June 2011 DOCKET NUMBER: AR20100028919 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant's records contains a record of nonjudicial punishment (NJP), under Article 15, Uniform Code of Military Justice, dated 3 November 2000, for conspiring to steal and stealing property valued at $250.00 from the Fort Sill Army and Air Force Exchange Service (AAFES) Shoppette for which he received a reduction to specialist (SPC)/E-4 and a forfeiture of $796 pay for...
ARMY | BCMR | CY2010 | 20100028920
The applicant provides: * His WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) * An eyewitness statement from a fellow Soldier at the time in question * Page 2 of a Department of Veterans Affairs (DVA) document CONSIDERATION OF EVIDENCE: 1. The applicant's military records are not available to the Board for review. In the absence of evidence showing he was injured and treated for wounds as a result of hostile action during World War II, the eyewitness...
ARMY | BCMR | CY2010 | 20100028921
This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's 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. He was discharged on 5 October 1973 under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 10, in lieu of trial by court-martial. _____________X____________ CHAIRPERSON I certify that...
ARMY | BCMR | CY2010 | 20100028923
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was released from active duty on 6 October 1970 instead of 4 October 1970. 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. Since it appears there is no...
ARMY | BCMR | CY2010 | 20100028925
The applicant states the FSM did not keep up with his retired service member benefits. _______ _ 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. ABCMR Record of Proceedings (cont) AR20090018686 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100028925 3 ARMY BOARD FOR CORRECTION OF MILITARY...
ARMY | BCMR | CY2010 | 20100028929
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: * Bronze Star Medal with "V" Device * Purple Heart * Combat Infantryman Badge * two awards of the Air Medal 2. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 5 March 1971 shows the: * National Defense Service Medal * Army Commendation Medal * three...
ARMY | BCMR | CY2010 | 20100028930
Application for correction of military records (with supporting documents provided, if any). His DA Form 20 (Enlisted Qualification Record) shows under civilian education that he completed 4 years of high school in 1959. _______ _ __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 | 20100028931
Army Regulation 601-280 (Army Retention Program) paragraph 10-5 governs screening procedures and states, in pertinent part, that appropriate Department of the Army Selection Boards will review the performance portion of the OMPF, the DA Form 2A (Personnel Qualification Record Part-I) and DA Form 2-1 (Personnel Qualification Record Part-II), and other authorized documents. The general considered the applicants response and the recommendations of his chain of command and elected to file the...
ARMY | BCMR | CY2010 | 20100028932
He was discharged on 22 October 1993 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 14-12c, for misconduct-commission of a serious offense, specifically the abuse of illegal drugs, with a general, under honorable conditions discharge. By regulation an RE code of 3 is the proper code to assign members who were separated under the provisions of Army Regulation 635-200, by reason of misconduct with an SPD code of JKQ. Those individuals...
ARMY | BCMR | CY2010 | 20100028933
He states that he was never a cook and his MOS on his DD Form 214 should be changed to MOS 11B. Evidence of record shows that since being awarded primary MOS 94B, he performed duties as a cook up until his release from active duty. Therefore, MOS 94B is correctly entered on the applicant's DD Form 214.
ARMY | BCMR | CY2010 | 20100028937
Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Combat Medical Badge. Army Regulation 600-8-22 (Military Awards) states the Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat. There is no evidence in the available records and he did not...
ARMY | BCMR | CY2010 | 20100028938
The applicant provides a DD Form 214 for the period ending 21 January 1971. Evidence shows he served in Korea in 1964/1965 which is properly shown on his DA Form 20 and in item 24c of his DD Form 214 for the period ending 18 March 1965. Evidence shows he served in Germany in 1972/1973 which is properly shown on his DA Form 20 and in item 24c of his DD Form 214 for the period ending 21 January 1974.
ARMY | BCMR | CY2010 | 20100028939
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Army Commendation Medal with 2nd Oak Leaf Cluster and to show he completed the U.S. Army Special Forces Sniper School and the Basic Ranger Course. The applicant provides: * DA Form 638 (Recommendation for Award) * Enlisted Record Brief (ERB) * Basic Ranger Course Certificate of Completion * U.S. Army Special Forces Sniper School completion...
ARMY | BCMR | CY2010 | 20100028945
Department of the Army General Orders Number 8, dated 1974, authorized the award of the RVN Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973. The evidence of record confirms the applicant did not complete the minimum 6 months service in the RVN as required by regulation for award of the RVN Campaign Medal with Device (1960). As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2010 | 20100028949
The record does not show he was awarded the Army Good Conduct Medal (AGCM). Therefore, it would be appropriate to award him the AGCM (1st Award) based on completion of a qualifying period of active Federal service and correct his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the AGCM (1st Award) for the period 2 January 1964 to 12 January 1966; b. deleting the VSM from...
ARMY | BCMR | CY2010 | 20100028954
Application for correction of military records (with supporting documents provided, if any). The applicant requests award of the Armed Forces Service Medal for service in support of Operation Provide Promise for Multi-National Humanitarian Relief in Bosnia-Herzegovina. Army Regulation 600-8-22 (Military Awards) states the Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved...
ARMY | BCMR | CY2010 | 20100028956
Application for correction of military records (with supporting documents provided, if any). The evidence of record shows the applicant served in SWA from 23 January 1991 to 10 May 1991 and he participated in two campaigns during his service in SWA. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 13 of his DD Form 214 and issuing him the: * Meritorious Unit Commendation * Southwest Asia Service Medal with...
ARMY | BCMR | CY2010 | 20100028957
His DD Form 214 contains the following information: * Item 12f (Foreign Service) shows he completed 3 years, 7 months, and 6 days of foreign service * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized to wear the: * Army commendation Medal * Army Achievement Medal * Valorous Unit Award * Army Good Conduct Medal * National Defense Service Medal * Global War on Terrorism Expeditionary Medal (GWOTEM) * Global War on...
ARMY | BCMR | CY2010 | 20100028960
Application for correction of military records (with supporting documents provided, if any). He did not use the requested SSN during his service. ABCMR Record of Proceedings (cont) AR20100016576 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100028960 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2010 | 20100028962
The applicant requests an upgrade of his under other than honorable conditions discharge to an honorable discharge. g. A DA Form 4833 (Commander's Report of Disciplinary or Administrative Actions), dated 4 March 1988, that shows [the original charges for] the offenses of attempted murder and assault, that occurred on 19 September 1987, were dismissed based on the applicant's administrative discharge under the provisions of Army Regulation 635-120, chapter 5, effective 2 February 1988. h. A...