ARMY | BCMR | CY2010 | 20100007946
On 6 October 1972, the applicant consulted with counsel and voluntarily requested a discharge for the good of the service under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10. On 17 January 1973, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 10, for the good of the service with a character of service as under other than honorable conditions. On 9 October 1979, the Army Discharge Review Board denied...
ARMY | BCMR | CY2010 | 20100007947
Application for correction of military records (with supporting documents provided, if any). The applicant's military records are not available for review. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.
ARMY | BCMR | CY2010 | 20100007949
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, upgrade of her under other than honorable conditions discharge to an honorable discharge. On 21 September 1987, the separation authority directed that the applicant be separated under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, for the good of the service in lieu of court-martial, and that she receive an under other than honorable conditions discharge.
ARMY | BCMR | CY2010 | 20100007953
Application for correction of military records (with supporting documents provided, if any). The applicant's discharge packet is not contained in the available military records. _______ _ 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 | 20100007956
IN THE CASE OF: BOARD DATE: 31 August 2010 DOCKET NUMBER: AR20100007956 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Army Regulation 635-200, paragraph 3-11, provides that a Soldier will be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial. Conviction and discharge were affected in accordance with applicable laws and regulations in effect at the time, and the discharge appropriately characterizes the misconduct for which the...
ARMY | BCMR | CY2010 | 20100007959
The FSM's military records were not available to the Board for review. The FSM's Enlistment Record shows he was wounded in action on 20 April 1918. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the FSM is entitled to the following awards: * Purple Heart * POW Medal * World War I Victory Medal with Silver Button * An entry to his records that shows "Prisoner of War: Company B, 102nd Machinegun Battalion,...
ARMY | BCMR | CY2010 | 20100007961
The applicant requests, in effect, that the records of her deceased spouse, a former service member (FSM), be corrected to show he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP) for spouse coverage. There is no evidence the FSM ever made an election concerning RCSBP. HRC-STL stated they contacted the TNARNG and they indicated that after a search of the FSM's records it was determined he did not submit an RCSBP election form.
ARMY | BCMR | CY2010 | 20100007962
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal (ARCOM). His DA Form 2-1 (Personnel Qualification Record - Part II) contains the following pertinent information: * Item 9 (Awards, Decorations, and Campaigns) does not show award of the ARCOM * Item 35 (Current and Previous Assignments) shows he was assigned to Company A, 1st Engineer Battalion from 8 April 1976 to 27 June...
ARMY | BCMR | CY2010 | 20100007965
The widow of a former service member (FSM) requests correction of the FSM's DD Form 256A (Honorable Discharge) to show he was released from the service in 1952 instead of 1962. The FSM's DD Form 256A provided by the applicant shows he was discharged from the USAR on the 30th day of June 1962. There is no evidence of record and the applicant provided none to show the FSM had a military status prior to July 1956.
ARMY | BCMR | CY2010 | 20100007968
Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his service with his two units in Vietnam: a. the 2nd Battalion, 9th Artillery, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 September 1968 to 28 July 1969 based on Department of the Army General Orders (DAGO) Number 3, dated 1970, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1...
ARMY | BCMR | CY2010 | 20100007969
IN THE CASE OF: BOARD DATE: 28 September 2010 DOCKET NUMBER: AR20100007969 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states that in light of his Regular Army service since 2001, the Army National Guard (ARNG) separation is outdated. The applicant states that in light of his Regular Army service since 2001, the ARNG separation is outdated.
ARMY | BCMR | CY2010 | 20100007970
He also states, "I'm asking the Board to reconsider my request due to I have written twice to be awarded a Purple Heart for my injury that occurred by the enemy in Vietnam." The applicant indicates the Army Board for Correction of Military Records (ABCMR) previously considered and denied the applicants request for award of the Purple Heart. The neuropsychiatric examination provided by the applicant, also dated 15 January 1969, shows he stated he was wounded in June 1966 and received...
ARMY | BCMR | CY2010 | 20100007971
The applicant requests the DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)), dated 16 May 2007, be moved from the performance section to the restricted section of his official military personnel file (OMPF). Paragraph 3-37b(1)(a) states the decision whether to file a record of NJP in the performance section of the Soldier's OMPF rests with the imposing commander at the time punishment is imposed. Chapter 7 of Army Regulation 600-37 contains...
ARMY | BCMR | CY2010 | 20100007974
Application for correction of military records (with supporting documents provided, if any). His military career was ended because of this injustice and he would like to see the GOMOR removed from his 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 | 20100007976
The evidence of record shows that upon his initial enlistment and entry on active duty the applicant listed his DOB as 20 March 1955. ____________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) AR20100007976 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont)...
ARMY | BCMR | CY2010 | 20100007977
Counsel also states the applicant was only recently able to locate his former commander who confirms he intended to recommend that the applicant's MOS be changed so he would be eligible for award of the CIB, but he was evacuated before he could submit the request. He also states he intended to request that the applicant's MOS be changed MOS 11B so he could ultimately recommend him for award of the CIB. DISCUSSION AND CONCLUSIONS: Although the statements that were submitted confirm the...
ARMY | BCMR | CY2010 | 20100007979
The applicant requests that his records be corrected to show he served on active duty for 19 years, 2 months, and 4 days. While still on active duty, the applicant applied for and was accepted for enlistment in the USAR. The record does not contain and the applicant has not provided any evidence to show he had an additional year of active service.
ARMY | BCMR | CY2010 | 20100007983
The applicant requests his last name in item 1 (Name) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected. 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. Section X (Statement of Name for Official Military Records) on the applicant's enlistment...
ARMY | BCMR | CY2010 | 20100007985
ARMY | BCMR | CY2010 | 20100007991
On 2 February 1984, the applicant was honorably released from active duty under the provisions of Army Regulation 635-200, chapter 4, for completion of required active service. There are no service medical records available. Evidence of record shows the applicant's physical profile was 111111 on 25 May 1983, 2 years after his reported head injury.
ARMY | BCMR | CY2010 | 20100007997
The applicant states that she was told to request correction of her DD Form 214 to show her recent removal from the Temporary Disability Retired List (TDRL) and permanent retirement. The DD Form 214 issued to her at that time confirms in item 28 she was separated under the provisions of paragraph 4-24b(2), Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), by reason of disability, temporary. The evidence of record confirms that the applicant received a...
ARMY | BCMR | CY2010 | 20100008000
The entry on the applicant's DA Form 20 combined with the Purple Heart Certificate showing that he was wounded on 19 May 1967 and that he was awarded the medal by medical authorities supports his entitlement to this award. It is appropriate to award the applicant the first award of the Army Good Conduct Medal for his period of service from 1 September 1966 through 9 August 1968. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2010 | 20100008003
Item 7 of the applicant's DD Form 214 shows he was not a U.S. citizen at the time of his separation. 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. _______ _ 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 | 20100008006
The applicant requests removal from her Official Military Personnel File (OMPF) the duplicate set of orders awarding her the third award of the Good Conduct Medal (GCMDL). There are no orders or other evidence in the applicant's OMPF to show that either of the orders awarding her the GCMDL (3rd Award) were revoked. Therefore, it would be appropriate to revoke the second (duplicate) order that was issued awarding the applicant the GCMDL (3rd Award) for the same period of service.
ARMY | BCMR | CY2010 | 20100008007
His pay records also show he paid SBP premiums throughout the years based on his SBP election of the reduced amount. His 10 September 2009 retiree account statement shows spouse SBP coverage based on the full amount. His pay records show he paid SBP premiums from 1985 to 2006 based on this reduced amount.
ARMY | BCMR | CY2010 | 20100008011
The applicant's military records are not available to the Board for review. The applicant was honorably discharged on 18 October 1952 at the completion of his enlistment commitment. On 11 July 1961, the applicant was discharged with an undesirable discharge.
ARMY | BCMR | CY2010 | 20100008013
The applicant states he filed for correction of his records within 3 years of the date of discovery of the error. The applicant's OMPF does not contain a record of the units to which he was assigned or the dates of his assignments. It does show he was in Panama at the time; however, the certificate did not reflect the inclusive dates he was assigned to the unit and it did not show he participated in Operation Urgent Fury.
ARMY | BCMR | CY2010 | 20100008018
This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. Army Regulation 601-280 (Army Retention Program) states that the RE codes contained on military discharge documents determine whether or not one may reenlist in a military service at a later time. In general, those who receive an Army RE...
ARMY | BCMR | CY2010 | 20100008022
The applicant requests that his general discharge, under honorable conditions be upgraded to honorable. On 17 February 1994, the applicants commander notified the applicant of his intention to recommend separation from the service under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance. There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.
ARMY | BCMR | CY2010 | 20100008028
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the Combat Infantryman Badge (CIB), Army Good Conduct Medal (AGCM), Korean "Campaign" Medal with service stars, Republic of Korea Presidential Unit Citation, National Defense Service Medal (NDSM), and any other awards he may be entitled to. Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal. Army...
ARMY | BCMR | CY2010 | 20100008032
The applicant requests an upgrade of his under other than honorable conditions discharge to an honorable discharge. The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows he was discharged for the good of the service - in lieu of a court-martial, with a characterization of service of under other than honorable conditions. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered...
ARMY | BCMR | CY2010 | 20100008034
On 7 March 1959, his unit commander recommended that the applicant be discharged as an undesirable. On 19 March 1959, separation actions were initiated with a consideration for discharge under either Army Regulation 635-208 [misconduct] or 209 [personality disorder]. The honorable characterization of service is appropriate when the quality of the Soldier's service generally has met the standards of acceptable conduct and performance of duty; b. a general discharge is a separation under...
ARMY | BCMR | CY2010 | 20100008036
Nothing in the court's sentence indicates military confinement was to run concurrently with the State sentence or that the applicant was entitled to pay while serving the State sentence. On 28 September 1995, the applicant was convicted of kidnapping by civil authorities in Colorado and sentenced to a 35 year sentence. The ABCMR has no authority to order Colorado correctional authorities to turn the applicant over to the Army prior to expiration of his State sentence.
ARMY | BCMR | CY2010 | 20100008039
She claimed that while she was in the hospital, her company commander brought her paperwork to initiate her medical board. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may, submit a request for discharge for the good of the service in lieu of trial by court-martial. The applicant's contention her RE Code "4" should changed to a more favorable code because...
ARMY | BCMR | CY2010 | 20100008043
Application for correction of military records (with supporting documents provided, if any). The applicant requests that he be awarded the Combat Action Badge (CAB). c. based on the above criteria and the witness statements the applicant's request for award of the CAB could not be supported.
ARMY | BCMR | CY2010 | 20100008046
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his records to show award of the Purple Heart and the Bronze Star Medal. The applicant contends his records should be corrected to show the Purple Heart and the Bronze Star Medal.
ARMY | BCMR | CY2010 | 20100008050
The opinion points: * The applicant was selected for promotion to major where the effective date of his promotion could be 7 February 2008 or the date Federal recognition was extended * On 21 July 2007 he requested a conditional release from the Army National Guard to be transferred to the USAR in order to attain promotion to major * The applicant's request should have been granted in accordance with U.S. Code, Title 10, subtitle E, part III, chapter 1405, paragraph 14316(d) * According to...
ARMY | BCMR | CY2010 | 20100008051
Item 22a(1) properly shows the total amount of service completed between 28 June 1968 (inclusive date of current tour of duty) through 24 August 1973, a period of 5 years, 1 month, and 27 days. Item 22a(2) properly shows the total amount of service in the USAR DEP (2 June to 10 September 1967) and enlisted time from 11 September 1967 to 27 June 1968. The evidence of record he served in an enlisted status from 11 September 1967 through 27 June 1968.
ARMY | BCMR | CY2010 | 20100008053
The applicant states it has not been a day since his court-martial that he has not regretted the decision he made to go absent without leave (AWOL) without discussing his reasons with his chain of command. 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 available evidence shows the applicant was convicted by a general court-martial of missing movement.
ARMY | BCMR | CY2010 | 20100008057
The applicant requests, in effect, award of the United Nations Service Medal for Korea and the Humanitarian Service Medal for Vietnam. Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal. A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must...
ARMY | BCMR | CY2010 | 20100008063
Accordingly, the applicant was discharged on 31 May 2006 with a discharge under other than honorable conditions under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct (drug abuse). Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge. The applicants RE code was administratively correct and in conformance with applicable regulations...
ARMY | BCMR | CY2010 | 20100008064
The applicant requests reconsideration of the Board's denial of his previous request for an upgrade of his under other than honorable conditions discharge to an honorable discharge or at least a general discharge. On 9 January 1979, he consulted with legal counsel and he was advised of the basis for the contemplated trial by court-martial; the effects of an under other than honorable conditions discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted...
ARMY | BCMR | CY2010 | 20100008071
On 15 July 1954, his immediate commander requested a board of officers be convened under the provisions of Army Regulation 615-368 (Enlisted Men - Discharge - Unfitness (Undesirable Habits or Traits of Character)) for the purpose of determining the applicant's fitness for retention. The DD Form 214 he was issued shows he was discharged under the provisions of Army Regulation 615-368 with an undesirable discharge. The regulation stated that discharge, if recommended, would be for unfitness,...
ARMY | BCMR | CY2010 | 20100008074
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as x42-x4-6xxx instead of x24-x9-9xxx. His DD Form 214, DD Form 4 (Enlistment Contract - Armed Forces of the United States), and all other documents throughout his Official Military Personnel File (OMPF) containing an SSN show his SSN as x24-x9-9xxx. ___________X____________ CHAIRPERSON I certify that herein is recorded the true and complete...
ARMY | BCMR | CY2010 | 20100008077
The applicant requests upgrade of his bad conduct discharge to a general discharge. Accordingly, the applicant was discharged on 21 April 1986 under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 3, by reason of court-martial with a bad conduct discharge. Conviction and discharge were effected in accordance with applicable law and regulations and the final discharge appropriately characterized the misconduct for which he was convicted.
ARMY | BCMR | CY2010 | 20100008078
The applicant's records show he enlisted in the Regular Army for a period of 4 years on 11 September 1997. The SPD Codes of "JPC/JPD" are the correct codes for Soldiers separated under the provisions of Army Regulation 635-200, chapter 9, by reason of "drug/alcohol rehabilitation failure." The evidence of record shows his RE code was assigned based on the fact that he was separated under the provisions of Army Regulation 635-200, chapter 9, for alcohol or other drug rehabilitation failure.
ARMY | BCMR | CY2010 | 20100008082
Headquarters, U.S. Army Disciplinary Barracks, Fort Leavenworth, KS, General Court-Martial Order Number 138, dated 22 February 1982, shows after completion of all required post-trial and appellate reviews, the convening authority ordered the applicant's bad conduct discharge executed. The evidence of record shows the applicant served through an enlistment and two reenlistments, in various positions, within and outside of the continental United States, and attained the rank/grade of SGT/E-5,...
ARMY | BCMR | CY2010 | 20100008083
On 6 February 1970, the unit commander recommended discharge of the applicant under the provisions of Army Regulation 635-206 by reason of civil conviction. On 28 December 1977, the Army Discharge Review Board (ADRB), after careful consideration of the applicant's case, denied his request for an upgrade of his UD. Further, the applicant's discharge accurately reflects his overall record of service for the charges he was convicted of and does not support an upgrade of his discharge.
ARMY | BCMR | CY2010 | 20100008089
The applicant requests award of the Combat Infantryman Badge (CIB) and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the badge. Notwithstanding his sincerity regarding his entitlement to this badge, in the absence of evidence that he actively participated in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the CIB in this case. _______ _ _x______ ___ CHAIRPERSON I certify that herein is...
ARMY | BCMR | CY2010 | 20100008090
The applicant requests correction of his records to show award of the Purple Heart. The evidence of record does not show he was wounded in action during his tour in Vietnam. In the absence of any other corroborating evidence of record which shows the applicant was wounded or injured as a result of hostile action, regrettably there is insufficient evidence upon which to base correction of his records to show award of the Purple Heart in this case.