ARMY | BCMR | CY2010 | 20100009228
The applicant requests upgrade of his under other than honorable conditions discharge to an honorable discharge. There is no evidence showing that the applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge within that board's 15-year statute of limitations. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.
ARMY | BCMR | CY2010 | 20100009229
His ARPC Form 249-E shows he: a. was discharged on 29 September 1992 and was appointed in the U.S. Army Reserve (USAR) with assignment to a TPU; b. earned 18 years, 5 months, and 8 days of qualifying service for retirement between 22 April 1977 and 29 September 1995; c. accumulated membership points but had no qualifying years between 30 September 1995 and 22 December 2009; and d. completed 32 years, 8 months, and 1 day of total commissioned service and upon completing his maximum authorized...
ARMY | BCMR | CY2010 | 20100009231
CONSIDERATION OF ADDITIONAL EVIDENCE: 9. The ABCMR's decision in Docket Number AR20100018277 failed to take into account the fact that he had completed an RCSBP election in February 1995 which superseded any subsequent elections he made. Inasmuch as the applicant made his RCSBP election in February 1995, divorced his spouse, and remarried again in September 1995 to his current spouse who states that she concurs with the applicants decision not to participate in the SBP, it would be...
ARMY | BCMR | CY2010 | 20100009241
His 19 March 1953 DD Form 214 shows he completed 3 years of active military service during this period. His 11 March 1965 DD Form 214 shows he completed 6 years of active military service during this period. Although the applicant requests correction of his records to show he entered active service in May 1947 in Little Rock, AR, and was assigned to Fort Knox in May 1947 for basic training, the evidence of record shows he entered active service on 29 April 1948 in the U.S. Air Force.
ARMY | BCMR | CY2010 | 20100009242
The DFAS-CL 1741/70 was completed well after the date of the FSM's divorce from D____ L. S____ and shows an election of "spouse only" coverage although there is no indication that there was a valid spouse at that time. Since there is no block for former spouse coverage on the DFAS-CL 1741/70, and his DA Form 4240 definitely indicated he elected former spouse coverage for the applicant's mother, it is reasonable to presume that the election of "spouse only" indicates that the FSM intended to...
ARMY | BCMR | CY2010 | 20100009246
The applicant requests, in effect, an upgrade of his 1981 under other than honorable conditions discharge from the Illinois Army National Guard (ILARNG) to an honorable discharge. On 4 September 1980, he was notified in writing of his unit commanders intent to separate him from the ILARNG by reason of misconduct, under the provisions of Army Regulation 135-178 (ARNG and Army Reserve Separation of Enlisted Personnel), chapter 7, under other than honorable conditions. Army Regulation...
ARMY | BCMR | CY2010 | 20100009247
The applicant's military records are not available to the Board for review. The applicant wants his date of birth and rank corrected. Filing the Board's decisional document will also guarantee the historical accuracy of the applicant's military record regarding the date of birth under which he served.
ARMY | BCMR | CY2010 | 20100009249
He also requests that his DD Form 214 be corrected to show award of the 11M military occupational specialty (MOS), completion of the Ranger course, and his service in Desert Storm and in Korea. There is no evidence in his records and he provided no evidence that he completed the requirements for award of the 11M MOS. As a result, the Board recommends denial of so much of the application that pertains to adding the Combat Infantryman Badge, Parachutist Badge, 11M MOS, Ranger Course, and...
ARMY | BCMR | CY2010 | 20100009252
Application for correction of military records (with supporting documents provided, if any). The applicant requests an upgrade of his under other than honorable conditions (UOTHC) discharge. On 4 December 1978, the separation authority approved the applicant's request for discharge under the provisions of Army Regulation 635-200, chapter 10, and directed he receive a UOTHC discharge.
ARMY | BCMR | CY2010 | 20100009265
The applicant requests, in effect, award of the Bronze Star Medal, Army Good Conduct Medal, promotion consideration to a higher rank, and the records of the 7th Infantry Regiment, 3rd Infantry Division awards ceremony that occurred on the 153rd anniversary of the regiment. In the letter, the commander stated the applicant had indicated he received the Bronze Star Medal while stationed in the Republic of Korea on 30 January 1951. In support of his application, the applicant provided the...
ARMY | BCMR | CY2010 | 20100009268
With the exception of the applicant's DD Form 214, all documents maintained in his military personnel records jacket (MPRJ) issued subsequent to the date of his promotion to the rank of SP4 lists his rank as SP4. The evidence of record confirms the applicant was promoted to the rank and grade of SP4/E-4 on 1 January 1997 and this was the rank he held on his date of separation from active duty as evidenced by the DA Form 4187 and his separation orders. Therefore, items 4a, 4b, and 12h of...
ARMY | BCMR | CY2010 | 20100009271
The applicant requests, in effect, items 25 (Separation Authority) and 28 (Narrative Reason for Separation) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed. Army Regulation 635-5-1 (Separation Program Designator Codes (SPD)) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD's to be used for these stated reasons. The regulation states the...
ARMY | BCMR | CY2010 | 20100009280
On 26 March 1998, the applicant's commander initiated elimination action against the applicant under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 14, for patterns of misconduct. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of...
ARMY | BCMR | CY2010 | 20100009284
The applicant requests correction of his record by removing the erroneous orders that awarded him: * the Parachutist Badge * a duplicate Good Conduct Medal for the period 2 October 1991 through 1 October 1994 2. He also states his official military personnel file (OMPF) contains permanent orders which erroneously awarded him the Parachutist Badge for successful completion of airborne training. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2010 | 20100009286
The applicant requests that his reenlistment contract, dated 23 December 2003, be corrected to show his reenlistment was for 6 years and not indefinite. He also provided a copy of his 23 December 2003 reenlistment contract that indicates his reenlistment was for an indefinite period in a TPU. The opinion stated the applicant's indefinite reenlistment contract was done correctly and the Soldier initialed block 8 of the reenlistment contract and several other forms which all state the...
ARMY | BCMR | CY2010 | 20100009287
The applicant requests that his under other than honorable conditions discharge be upgraded to general. On 7 November 1978, the separation authority approved the applicants request for discharge and directed that he be discharged under other than honorable conditions. There is no policy, regulation, directive or law that provides for the automatic upgrade of a less than honorable discharge from military service, regardless of how much time has passed.
ARMY | BCMR | CY2010 | 20100009290
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-45 (Decorations), which governed the award of Army decorations until 23 August 1951, stated that for the purpose of considering an award of the Purple Heart, a wound was defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy. In the absence of...
ARMY | BCMR | CY2010 | 20100009294
The applicant requests her disability rating be changed from 10 percent to 50 percent and that she be placed on the Temporary Disability Retired List (TDRL) based on Post Traumatic Stress Disorder (PTSD). The applicant states the Department of the Army informed her that an error had been made in her initial disability rating by the Physical Evaluation Board (PEB) and that she should request a correction to her record accordingly. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2010 | 20100009295
The applicant's military records show he initially enlisted in the Regular Army (RA) on 23 October 1959. The applicant's MPRJ contains a Selective Service System letter dated 18 August 1976, which confirms he completed the assigned period of alternate service in the Reconciliation Service Program entitling him to consideration of a Clemency Discharge. The Clemency Discharge is a neutral discharge, issued neither under honorable conditions nor under other than honorable conditions. It...
ARMY | BCMR | CY2010 | 20100009306
He states his sentence was severe. The applicant's sentence at his special court-martial included a bad conduct discharge and only 5 months of confinement. His conviction and discharge were effected in accordance with applicable law and regulations and his discharge appropriately characterizes the misconduct for which he was convicted.
ARMY | BCMR | CY2010 | 20100009309
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests an upgrade of his under other than honorable conditions discharge to an honorable discharge. The record further shows the applicant voluntarily requested separation under the provisions of chapter 10 of Army Regulation 635-200 for the good of the service to avoid trial by court-martial.
ARMY | BCMR | CY2010 | 20100009310
This DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10. The applicant's DD Form 214 further shows he was issued a UOTHC discharge and that he completed 2 years, 8 months, and 16 days of total active service. The evidence of record does not support the applicant's request for an upgrade of his UOTHC discharge to honorable.
ARMY | BCMR | CY2010 | 20100009312
The applicant states: * There is strong evidence that her father served in the occupation of Germany forces * There is no doubt he served in the 125th Regiment, 32nd Division from September 1918 to May 1919 and during that time the 32nd Division was part of the occupation of Germany as attested to by the letter from General P to General L * She believes her father has earned and should be awarded the medal 3. The applicant provided general orders which state the 32nd Division was part of...
ARMY | BCMR | CY2010 | 20100009313
Therefore, he requests that the Board take into consideration his active duty service and honorable discharge and grant him an additional month of active duty service so he can qualify for VA benefits. Item 12a requires the preparer to enter the beginning date of the continuous period of active duty for which a DD Form 214 was not previously issued. He now requests that this Board take into consideration his active duty service and honorable discharge and grant him the additional active...
ARMY | BCMR | CY2010 | 20100009315
Department of the Army Personnel Policy Guidance, in effect at the time of the applicant's mobilization, stated that the COTTAD policy applied to Soldiers in the following categories: Category 1: Applies to Soldiers preparing for mobilization who do not have sufficient partial mobilization authority under Title 10, U.S. Code, section 12302 remaining to complete required BOG period with their units, and voluntarily request a COTTAD in order to complete 12 months BOG with their units (Outside...
ARMY | BCMR | CY2010 | 20100009316
On 25 March 1988 the company commander informed the applicant that he intended to recommend separation with a general discharge under honorable condition due to a pattern of misconduct. The commander recommended separation with a general discharge under honorable conditions due to a pattern of misconduct and waiver of rehabilitative transfer. On 22 November 1988 the Army Discharge Review Board denied the applicant's request to upgrade his discharge.
ARMY | BCMR | CY2010 | 20100009318
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show the Army Service Ribbon, the National Defense Service Medal, and Army Good Conduct Medal. The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. b. the National Defense Service Medal is awarded for honorable active duty service for any period between 27 July 1950 and...
ARMY | BCMR | CY2010 | 20100009321
Application for correction of military records (with supporting documents provided, if any). The applicant's service record does not indicate he completed 90 days or more of continuous active duty after 11 June 1991. Therefore, the applicant is not eligible for issuance of a DD Form 214 to show the following actions which occurred after the period covered his DD Form 214, dated 11 June 1991: * promotion to SGT/E-5 effective 29 June 1992 * 2 years of time in grade which he served in the...
ARMY | BCMR | CY2010 | 20100009322
At the applicant's request, on 2 June 1982, the ADRB reviewed his case and directed the reason and authority for his discharge be changed to "Alcohol or other Drug Abuse, Army Regulation 635-200. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. On 4 April 1977, the Department of Defense (DOD) directed the Services to review...
ARMY | BCMR | CY2010 | 20100009323
The applicant requests upgrade of his undesirable discharge to a general discharge. The applicant states he would like his discharge upgraded so he can receive some benefits. The applicant has submitted no substantive evidence showing his problems at home were the cause of his going AWOL.
ARMY | BCMR | CY2010 | 20100009325
On 17 October 1983, after having consulted with counsel the applicant submitted a statement: * acknowledging that he had been advised by counsel of the basis for the contemplated action against him under the provisions of Chapter 14 of Army Regulation 635-200 for misconduct * waiving consideration by a board of officers * waiving a personal appearance * stating that he was not submitting statements in his own behalf 10. On 1 November 1983, the appropriate authority approved the...
ARMY | BCMR | CY2010 | 20100009326
IN THE CASE OF: BOARD DATE: 31 August 2010 DOCKET NUMBER: AR20100009326 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. On 28 November 1966, the applicants commander initiated action to separate the applicant from the service under the provisions of Army Regulation 635-212 for unsuitability. However, his service does not rise to the level of honorable service when compared to his undistinguished record of service during such a short period.
ARMY | BCMR | CY2010 | 20100009328
Counsel requests, in effect, consideration of the applicant's request for an upgrade of her general discharge to honorable. On 17 July 1997, the separation authority approved the applicants request for discharge and directed that she be given an Under Other Than Honorable Conditions (UOTHC) discharge. The ADRB determined that the circumstances of the applicant's discharge warranted an upgrade of her characterization of service to general, under honorable conditions but that her misconduct...
ARMY | BCMR | CY2010 | 20100009329
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Accordingly, the applicant was discharged. There is no evidence 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 | 20100009333
There is no evidence in the available record and he has not provided any evidence showing he was awarded the Purple Heart. Records show he was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award) for the period 15 May 1969 through 1 December 1970, b. deleting the Vietnam Service Medal from item 24 of his DD Form 214, and c. adding to...
ARMY | BCMR | CY2010 | 20100009334
Application for correction of military records (with supporting documents provided, if any). This document also shows the FSM was discharged from the hospital in September 1944. There are no orders or other evidence in the FSM's military service records that show he was awarded the Purple Heart.
ARMY | BCMR | CY2010 | 20100009337
Application for correction of military records (with supporting documents provided, if any). The Army must find that a service member is physically unfit to reasonably perform his/her duties and assign an appropriate disability rating before that service member can be medically separated or retired. However, his records state he did not show evidence of a psychiatric problem warranting medical disposition.
ARMY | BCMR | CY2010 | 20100009339
Application for correction of military records (with supporting documents provided, if any). The FSM's military records are not available to the Board for review. It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by...
ARMY | BCMR | CY2010 | 20100009346
The applicant requests that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show the award of the Army Good Conduct Medal (AGCM). According to Army Regulation 600-8-22 (Military Awards), paragraph 9-12, the UNSM is authorized for Soldiers who served in Korea during the period 27 June 1950 to 27 July 1954. Although the evidence does not show the actual dates he served in Korea, his service there is confirmed by his being awarded the Korean...
ARMY | BCMR | CY2010 | 20100009347
However, his service record contains the following evidence: 4. There is no evidence that the applicant ever applied to the Army Discharge Review Board for review of his discharge under that board's 15-year statute of limitations. Army Regulation 635-206 (Personnel Separations), then in effect, provided that an enlisted member who was convicted by a civilian court of an offense for which the authorized punishment under the Uniform Code of Military Justice included confinement of 1 year or...
ARMY | BCMR | CY2010 | 20100009350
The applicant provides copies of the seven letters of counseling with the following dates: two letters on 20 August 1975, one on 1 September 1975, and one on 23, 24, 28, and 29 October 1975. Table 3-1 of this regulation pertains to the composition of the MPRJ, which states that for case files of approved separations, file administrative discharge actions and all supporting documents that set forth the details and form a basis for the separation. Army Regulation 15-185 (Army Board for...
ARMY | BCMR | CY2010 | 20100009351
The applicant states: * Her divorce decree awarded her the SBP * She was not aware of the requirement to file a change in SBP election eligibility * She was married to the FSM at the time of his retirement and he elected SBP for spouse coverage * They divorced on 20 August 1998 * The FSM continued to make monthly premiums until his death on 16 November 2005 * When she attempted to file for SBP benefits, she was informed she was supposed to notify the retirement services of her changed status...
ARMY | BCMR | CY2010 | 20100009354
After the enemy fire quieted down, he and the applicant went to the medical officer to seek treatment for his hearing loss. Therefore, absent evidence which conclusively shows that the applicant sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is an insufficient basis for awarding the Purple Heart to the applicant. ABCMR Record of Proceedings...
ARMY | BCMR | CY2010 | 20100009356
The 28 April 1969 DD Form 214 shows he was honorably separated after he completed 10 months and 24 days of creditable active service with 22 days of service in Vietnam. Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states 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. The applicant has not provided any evidence and the available record does not contain any...
ARMY | BCMR | CY2010 | 20100009357
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards: * Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation * Army Commendation Medal * Bronze Star Medal * Cold War Medal [correctly known as the Cold War Recognition Certificate] 2. Based on this information, the applicants request for the Cold War Recognition Certificate will not be discussed any further in this Record of...
ARMY | BCMR | CY2010 | 20100009358
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to upgrade his under other than honorable conditions discharge to a discharge which would qualify him for Department of Veterans Affairs (VA) medical benefits. However, his DD Form 214 shows he was discharged on 10 May 1973 under the provisions of chapter 10 of Army Regulation 635-200 (Personnel Separations) with an under other than honorable conditions...
ARMY | BCMR | CY2010 | 20100009359
The applicant has failed to show through evidence submitted with his application or the evidence of record that he engaged the enemy in combat while assigned to an infantry unit or that he was awarded the CIB. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following awards to his DD Form 214: the RVNGC w/Palm Unit Citation, RVNCAHM-FC Unit Citation, and four bronze service stars for wear on his already-awarded...
ARMY | BCMR | CY2010 | 20100009363
The applicants military records show that he was inducted into the Army of the United States on 3 December 1968. Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2010 | 20100009366
Application for correction of military records (with supporting documents provided, if any). There is no evidence in the applicant's military personnel records that shows he was wounded or treated for wounds as a result of hostile action or that he was awarded the Purple Heart. There are no orders or other evidence in the applicant's military personnel records that show he was recommended for or awarded the Bronze Star Medal with "V" Device.
ARMY | BCMR | CY2010 | 20100009367
The applicant requests upgrade of his general discharge to an honorable discharge. Accordingly, on 22 May 1990, he was counseled that administrative separation action would be initiated under the provisions of Army Regulation 635-200 (Personnel Separation - Enlisted Personnel), chapter 14, for misconduct - commission of a serious offense. A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter.