ARMY | BCMR | CY2010 | 20100008441
The applicant, the widow of a former service member (FSM), requests, in effect, correction of the FSM's records to show she is entitled to Survivor Benefit Plan (SBP) benefits. The applicant provides copies of: * two self-authored Petitions * birth certificates for the FSM, herself, and their son * her and the FSM's marriage license * the FSM's Retirement Orders * the FSMs DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * the FSM's certificate of death * a...
ARMY | BCMR | CY2010 | 20100008443
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show he satisfactorily completed the General Educational Development (GED) tests for the high school equivalency diploma. 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. The DD Form 1966/1...
ARMY | BCMR | CY2010 | 20100008444
c. The D&E Board recommended exemption and discharge on 4 April 2006. d. The applicant asked to have his discharge changed to an exemption or delay on 2 February 2009 so he could continue to receive his VSI payments. Army Regulation 601-25, paragraph 4-7 (Application for Delay or Exemption), states that members requesting exemption must sign a request for discharge. In addition, Army regulations specify that no request for delay in reporting for active duty over 60 days will be granted...
ARMY | BCMR | CY2010 | 20100008445
A copy of his DA Form 24 (Service Record), section 2 (Chronological Record of Military Service), shows he received four "excellent," one "good," and two "unknown" conduct and efficiency rating periods during his active service. The applicant's records show he did not receive all "excellent" conduct and efficiency ratings during the qualifying period for award of the AGCM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2010 | 20100008448
The applicant requests correction of his WD AGO Form 53 (Enlisted Record and Report of Separation - Honorable Discharge) to show the Asiatic-Pacific Campaign Medal and the Driver and Mechanic Badge with Driver M-Bar. The applicant states some of his records were destroyed in 1973. The applicant's military records are not available to the Board for review.
ARMY | BCMR | CY2010 | 20100008449
On 4 April 2007, the applicant was honorably released from active duty due to completion of required active duty service. An award of a VA rating does not establish entitlement to medical retirement or separation from the Army. The Army must find that a service member is physically unfit to reasonably perform his or her duties and assign an appropriate disability rating before he or she can be medically retired or separated.
ARMY | BCMR | CY2010 | 20100008451
The applicant requests, in effect, his discharge under other than honorable conditions be upgraded to a general discharge. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. The applicants record of service during his last enlistment included one nonjudicial punishment for serious offenses and a bar to reenlistment.
ARMY | BCMR | CY2010 | 20100008455
IN THE CASE OF: BOARD DATE: 20 October 2010 DOCKET NUMBER: AR20100008455 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was retired from active duty due to physical disability. Active duty medical records show: a. on 6 February 2005 the applicant sought medical attention for complaints of hearing loss secondary to an IED incident 30 days earlier; b. he had an apparent...
ARMY | BCMR | CY2010 | 20100008456
The applicant provides: * An excerpt from Army Regulation 600-8-22 (Military Awards) pertaining to the basic Aviation Badge * Individual flight records * DD Form 214 (Report of Separation from Active Duty) * Page 3 of his DA Form 20 (Enlisted Qualification Record) * DD Form 214 (Report of Transfer or Discharge) CONSIDERATION OF EVIDENCE: 1. The applicant's DD Form 214 for the period ending 18 July 1971 does not show the Aircraft Crew Member Badge as an authorized award. There is no...
ARMY | BCMR | CY2010 | 20100008457
He voluntarily waived consideration of his case by an administrative separation board contingent upon receiving a characterization of service of no less than a general under honorable conditions. The applicant's service record does not indicate he applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. After review of the evidence of this case, it is determined that the applicant has not presented sufficient evidence which...
ARMY | BCMR | CY2010 | 20100008458
The applicant requests, in effect, correction to Item 12d (Total Prior Active Service), Item 12e (Total Prior Inactive Service), Item 12f (Foreign Service), and Item 12g (Sea Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 27 August 2004. His DD Form 214 for the period ending 30 July 1993 shows in Item 12c he was credited with 4 years of net active service. Based on the evidence, he is entitled to correction of Item 12d of his DD...
ARMY | BCMR | CY2010 | 20100008460
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in the Persian Gulf region during Operation Desert Storm and awards earned as a result of this service. _______ _ 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...
ARMY | BCMR | CY2010 | 20100008465
In addition, there is no evidence of record and the applicant did not provide any evidence which shows he served in active ground combat while an assigned member of an infantry unit of brigade or smaller size in Vietnam. Regrettably, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case. __________X______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...
ARMY | BCMR | CY2010 | 20100008467
The applicant requests, in effect, change of the reason for separation to physical disability due to depression. On 2 March 1977 the applicant was notified of initiated separation action under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 5 (Trainee Discharge Program (TDP)) because he could not adjust socially or emotionally to military life and he could not meet military standards for aptitude and ability. The regulation essentially...
ARMY | BCMR | CY2010 | 20100008472
The applicant's military records show he enlisted in the Regular Army in pay grade E-1 on 24 October 2002. It also showed SPD Codes with their corresponding RE Code. The evidence of record shows the applicant was discharged on 16 September 2004, under the provisions of Army Regulation 635-200, paragraph 14-12c(1).
ARMY | BCMR | CY2010 | 20100008478
However, his record contains a properly-constituted DD Form 214 that shows he was discharged on 5 January 1970 under the provisions of Army Regulation 635-212 (Personnel Separations - Discharge - Unfitness and Unsuitability) by reason of unfitness with a character of service of under other than honorable conditions. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. However, his record contains a...
ARMY | BCMR | CY2010 | 20100008480
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of Item 22c (Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). Therefore, his DD Form 214 should be corrected accordingly.
ARMY | BCMR | CY2010 | 20100008481
The applicant requests that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect that she was honorably discharged in the pay grade of E-4 and that it reflect all of her service. The applicant states her DD Form 214 only reflects her service during basic training and does not reflect the fact that she served her enlistment and was honorably discharged in the pay grade of E-4. The DD Form 214 dated 18 August 1990 was prepared to reflect her release...
ARMY | BCMR | CY2010 | 20100008482
The applicant requests award of the Purple Heart and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Military Outstanding Volunteer Service Medal (MOVSM). The applicants contention that he should be awarded the Purple Heart for his TBI and his record should be corrected to show he was awarded the MOVSM was carefully considered. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2010 | 20100008484
Records show the applicant enlisted in the Regular Army (RA) on 19 June 2000 and was discharged on 27 December 2006 under the provisions of Army Regulation 635-200, chapter 3, with a bad conduct discharge. Records show on 7 February 2008, the applicant requested that the Army Discharge Review Board (ADRB) upgrade his discharge, change his narrative reason for separation, and his RE code. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals...
ARMY | BCMR | CY2010 | 20100008485
There is no evidence that the applicant applied to the Army Discharge Review Board (ADRB) for upgrade of his discharge within its 15-year statute of limitations. 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. As a result, clemency is not warranted in this case.
ARMY | BCMR | CY2010 | 20100008488
He also requests award of the Purple Heart for injuries sustained in combat in Iraq on 19 August 2005. Therefore, in the absence of evidence to show that he has exhausted his administrative remedies by requesting an upgrade of his MSM to a BSM under the provisions of Title 10, U.S. Code, section 1130, the BSM will not be discussed further in these proceedings. The applicants request to be awarded the Purple Heart for injuries sustained in Iraq on 19 August 2005 has been noted; however,...
ARMY | BCMR | CY2010 | 20100008497
Application for correction of military records (with supporting documents provided, if any). His DA Form 20 (Enlisted Qualification Record), Item 40 (Wounds) shows Shrapnel Wound Left Arm on 8 May 1968. Item 41 (Awards and Decorations) does not show award of a second Purple Heart. There are no orders in his military personnel records awarding him a second Purple Heart.
ARMY | BCMR | CY2010 | 20100008506
The applicant states: * action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed * rehabilitation was not attempted or even evaluated * the Army Discharge Review Board (ADRB) states the evidence of record shows her separation action was improperly approved at the special court-martial convening authority level * the ADRB determined the discharge was improper and her general discharge was upgraded to...
ARMY | BCMR | CY2010 | 20100008513
Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. There is no evidence of record which shows he was an infantryman who served in active ground combat while an assigned member of an infantry unit of brigade or smaller size in Vietnam. _______ _ X____ ___ CHAIRPERSON I certify that herein...
ARMY | BCMR | CY2010 | 20100008514
On 3 May 1984, the separation authority approved the applicant's request for discharge and directed that he receive an under other than honorable conditions discharge. On 25 May 1984, the applicant was discharged accordingly. The applicant's contention that his under other than honorable conditions discharge should be upgraded because he was young and foolish at the time of his service was carefully considered; however, it was determined that there is insufficient evidence to support this...
ARMY | BCMR | CY2010 | 20100008515
Application for correction of military records (with supporting documents provided, if any). 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 Combat Infantryman Badge (CIB). The evidence of record shows he completed training and he was awarded MOSs 11F and 11B.
ARMY | BCMR | CY2010 | 20100008520
The applicant provides the following documents in support of his application: * A Memorandum, subject: Notification for MEB, dated 22 July 2005 * A Memorandum, subject: Medical Disqualification Review for the applicant, dated 22 July 2005 * Reassignment orders, dated 9 March 2009 * Two DA Forms 3349 (Physical Profile) * Two DD Forms 214 (Certificate of Release or Discharge from Active Duty) * DA Form 7349 (Initial Medical Review Annual Medical Certificate) * Letter from the Department of...
ARMY | BCMR | CY2010 | 20100008521
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 31 July 1999 to show his entry date as 14 January 1977 instead of 17 August 1979. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.
ARMY | BCMR | CY2010 | 20100008524
However, a properly-constituted DD Form 214 shows the applicant was discharged under the provisions of chapter 13, Army Regulation 635-200, by reason of unsatisfactory performance with a GD. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. Although the specific facts and circumstances surrounding the applicant's discharge processing...
ARMY | BCMR | CY2010 | 20100008525
The applicant provides a copy of her: * DD Form 214 * Enlisted Record Brief CONSIDERATION OF EVIDENCE: 1. The applicant's Official Military Personnel File (OMPF) that is in the integrated Personnel Electronic Records Management System (iPERMS) contains the following enlistment contracts: * DD Form 4/3 shows she enlisted on 14 September 1989 for a period of 4 years * DD Form 4/1 shows she reenlisted on 15 April 1993 for a period of 4 years * DD Form 4/1 shows she reenlisted on 27 August 1996...
ARMY | BCMR | CY2010 | 20100008533
Accordingly, the applicant was discharged with a general discharge on 12 May 1983 under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance. There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations. The applicant's brief record of service included adverse counseling statements and thee nonjudicial punishments.
ARMY | BCMR | CY2010 | 20100008535
The applicant requests an upgrade of his discharge. 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 | 20100008539
On 10 March 2000, his immediate commander notified him of his intent to initiate separation action against him in accordance with paragraph 14-12(c) of Army Regulation 635-200 (Personnel Separations Enlisted Personnel) for misconduct - commission of a serious offense. Accordingly, the board recommended that he be discharged from the Army with an under other than honorable conditions discharge. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from...
ARMY | BCMR | CY2010 | 20100008549
The applicant states that his discharge should be upgraded for the following reasons: * Mental state impaired his ability to serve * Did not receive medical attention required to continue serving * Only received one Article 15 for going AWOL * Found not guilty of AWOL * Had combat service * Awards and decorations * Record of promotion shows he was a great service member 3. On 28 May 2009, the applicant was notified by his unit commander that separation action was being initiated against him...
ARMY | BCMR | CY2010 | 20100008552
IN THE CASE OF: BOARD DATE: 30 September 2010 DOCKET NUMBER: AR20100008552 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090002237 on 30 June 2009. The Bronze Star Medal Certificate shows award to an artillery first lieutenant with the same name as the applicant for the period...
ARMY | BCMR | CY2010 | 20100008555
The applicants military service records show he enlisted in the Regular Army on 14 July 1958. This document shows, in pertinent part, that the Army Grade Determination Review Board (AGDRB) reviewed the applicant's request for advancement to SSG/E-6 on the retired list. Title 10, United States Code, Section 3964 (Higher grade after 30 years of service: warrant officers and enlisted members), provides, in pertinent part, that each retired member of the Army who is retired with less than 30...
ARMY | BCMR | CY2010 | 20100008561
He further provided a copy of a letter, dated 22 February 2010 wherein a former member of Headquarters and Headquarters Troop, Medical Platoon, 1st Squadron, 1st Armored Cavalry Regiment, stated he served as a 91C and all members of the medical platoon were awarded the Combat Medical Badge for providing support in Vietnam. 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...
ARMY | BCMR | CY2010 | 20100008563
BOARD DATE: 19 October 2010 DOCKET NUMBER: AR20100008563 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests his under other than honorable conditions discharge be upgraded to an honorable discharge. The regulation provides that a resignation for the good of the service, when approved at Headquarters, Department of the Army, is normally accepted as being under other than honorable conditions.
ARMY | BCMR | CY2010 | 20100008565
The applicant requests, in effect, that item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 August 2004 be corrected to show his foreign service in Afghanistan. The applicant submitted a DD Form 214 which shows he has "0000 years, 00 months, and 00 days" of foreign service in item 12f. ____________X_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army...
ARMY | BCMR | CY2010 | 20100008571
The applicant's military records are not available to the Board for review. The applicants WD AGO Form 53-55 shows the following: a. the face side shows his Army Serial Number as # # 395 # # #; and a separation date of 1 June 1945; b. the reverse side Item 2 shows his Army Serial Number as # # 345 # # #; and Item 7 shows his separation date as 1 July 1945; c. Item 31 (Military Qualifications) on the reverse side shows he was awarded the Combat Infantryman Badge; d. Item 33 (Decorations and...
ARMY | BCMR | CY2010 | 20100008574
The applicant contends that his DD Form 214 for the period ending 31 March 1994 should be corrected to show the correct: * rank and pay grade * last unit of assignment * specialty 2. The available evidence shows the applicant was initially appointed as 2LT in AOC 11A and he retired on 31 March 1994 in the rank and grade of MAJ/O4. The applicant's DD Form 214 should be corrected to show the above AOCs.
ARMY | BCMR | CY2010 | 20100008580
Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons. Army Regulation 635-200 states, in pertinent part, 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 request that his RE code of "3"...
ARMY | BCMR | CY2010 | 20100008581
This regulation further states when a member returned from an absence that is or appears to be unauthorized, the unit commander will informally investigate the case at once. A copy of the applicant's DA Form 20 shows the AWOL time during the period 25 September 1969 - 4 November 1969 was to be made good per the letter from the 257th Replacement Company, dated 11 April 1970. Therefore, this portion of his DD Form, 214 should be corrected to remove the erroneous period of AWOL and to show 40...
ARMY | BCMR | CY2010 | 20100008586
The applicant was notified that charges were preferred against her and on 28 February 2008, after consulting with counsel, she submitted a request for discharge under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 10, for the good of the service - in lieu of trial by court-martial. The applicant's DD Form 214 shows she was given a separation program designator (SPD) code of KFS (voluntary discharge under the provisions of Army Regulation...
ARMY | BCMR | CY2010 | 20100008587
When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. Although the applicant contends it did not take 1 year and 8 months after he was incarcerated to be discharged as reflected in section III of his ADRB proceedings, the evidence of record shows he was convicted by a special court-martial on 26 September 1994 and his appellate process was not completed until 24 January 1996. He was discharged on...
ARMY | BCMR | CY2010 | 20100008589
He also requests a copy of his DD Form 214 for the period ending 9 May 1988 (which shows his reenlistment (RE) code) be provided to him. The applicant states: * Item 12a on his DD Form 214 for the period ending 9 May 1988 should reflect 15 February 1977 * He is trying to reenlist and needs a copy of his DD Form 214 showing his RE code 3. _______ _ _X___ ___ ``` CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...
ARMY | BCMR | CY2010 | 20100008594
The applicant provides his DD Form 214 and military records. There is no evidence that either of the applicant's units in Vietnam was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 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 Army Good Conduct Medal (1st Award) for the period 7...
ARMY | BCMR | CY2010 | 20100008604
Application for correction of military records (with supporting documents provided, if any). 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. _______ _ 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 | 20100008605
Application for correction of military records (with supporting documents provided, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicants self-authored statement and eyewitness statements are new evidence that warrant consideration by the Board.