ARMY | BCMR | CY2010 | 20100009370
The applicant requests correction of his military records to show his effective date and date of rank for first lieutenant as 19 August 2008. The opinion contained enclosures from the National Guard Bureau Officer Policy Division and from the North Carolina Army National Guard, both supporting the recommended change in the applicant's dates for promotion to first lieutenant. The evidence clearly shows the applicant completed 18 months time in grade as a second lieutenant on 21 June 2008.
ARMY | BCMR | CY2010 | 20100009371
By letter, dated 19 December 2005, DFAS informed the FSM of changes in pay of those who had been receiving Concurrent Retirement and Disability Payment (CRDP). By letter dated 19 May 2008, DFAS informed the FSM that under the law premiums for the SBP would be terminated effective 1 October 2008 for all members who were at least 70 years old and had paid SBP premiums for 360 months or 30 years. However, there is no evidence and the applicant has not provided any evidence to show the DVA...
ARMY | BCMR | CY2010 | 20100009374
Had they been given the correct information at the time of retirement the FSM would have elected to participate in the SBP. The regulation provides that the Director of the ABCMR or the ABCMR may grant a formal hearing before which the applicant, counsel, and witnesses may appear whenever justice requires. The available evidence shows that prior to retirement the FSM was provided an opportunity to make an SBP election and he willingly and in writing elected not to participate in the SBP.
ARMY | BCMR | CY2010 | 20100009377
Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. By regulation, in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record. Absent any evidence submitted to corroborate that he was wounded as...
ARMY | BCMR | CY2010 | 20100009382
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 adjust his period of active duty by 1 additional day. The applicant contends that his DD Form 214 should be corrected to adjust his period of active duty by 1 additional day based on 2004 being a leap year.
ARMY | BCMR | CY2010 | 20100009384
Application for correction of military records (with supporting documents provided, if any). Although an honorable or general discharge is authorized, an under other than honorable conditions discharge is normally considered appropriate. The applicant's contention that his under other than honorable conditions discharge should be upgraded to an honorable discharge and the evidence he submitted, including his prior active service and character reference letters, were carefully considered;...
ARMY | BCMR | CY2010 | 20100009387
The above regulation also states that a DD Form 214 will not be issued to replace record copies of the DD Form 214 lost by Soldiers. Because the absence of a DD Form 214 from the applicants enlisted service is not conclusive evidence that a DD Form 214 was not issued at the time he was appointed as a warrant officer, the issuance of a transcript of military record is a viable and appropriate alternative to reissuing a DD Form 214 and essentially serves the same purpose. As a result, the...
ARMY | BCMR | CY2010 | 20100009393
He also requests, in the alternative, correction of his records to show he was medically discharged. The applicant's ARPC Form 249-E (Chronological Statement of Retirement Points) shows he completed 18 years of qualifying service for Reserve retirement as of 20 July 2010. While the evidence of record shows the applicant was awarded an 80-percent service-connected disability rating by the VA, there is no evidence in the available records that shows he suffered from any conditions severe...
ARMY | BCMR | CY2010 | 20100009394
The applicant provides the following documents in support of this application which were not previously seen by the Board: * Standard Form 600 (Chronological Record of Medical Care), undated * DA Form 3349 (Medical Condition - Physical Profile Records), dated 7 April 1980 * Standard Form 88 (Report of Medical Examination), dated 3 June 1983 * multiple pages of progress notes, dated 14 September 2009 through 5 November 2009 * Department of Veterans Affairs (VA) Rating Decision, dated 14 July...
ARMY | BCMR | CY2010 | 20100009398
The applicant requests correction of his military records by expunging from the U.S. Army Crime Records Center all documents concerning his use of cocaine. The applicant provides copies of his resume; employment termination notice, dated 15 October 2009; unemployment benefits payment form, dated 25 February 2010; funeral notices for his brother and wife; a letter of support from a retired 1st sergeant, dated 1 November 1999; three letters from the U.S. Army Crime Records Center, Fort...
ARMY | BCMR | CY2010 | 20100009400
The applicant requests the entry in item 12a of his DD Form 214 be corrected to show 22 February 2005. _______ _ _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) AR20100009400 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100009400 2 ARMY BOARD FOR CORRECTION OF...
ARMY | BCMR | CY2010 | 20100009403
Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of OIF. Therefore, based on her service in support of OIF she is entitled to award of the Iraq Campaign Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 12f of her DD Form 214 the entry "0000 00 00" and replacing it with the entry "0000 04 02"; b. adding to item 13...
ARMY | BCMR | CY2010 | 20100009405
The applicant's complete service records are not available for review with this case. Following consultation with legal counsel, he requested discharge for the good of the service in lieu of trial by court-martial in accordance with chapter 10 of Army Regulation 635-200 (Personnel Separations). The DD Form 214 he was issued at the time shows he was discharged for the good of the service in lieu of a trial by court-martial with a character of service of under other than honorable conditions.
ARMY | BCMR | CY2010 | 20100009407
The applicant requests a physical disability retirement from active duty. c. His chronic low back pain [thoracolumbar region] was also to be rated based on range of motion measurements. The medical evidence supports the determination that the applicant's unfitting condition was properly diagnosed and rated at the time of his discharge.
ARMY | BCMR | CY2010 | 20100009409
The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was discharged for the good of the service in lieu of a trial by court-martial on 2 August 1971 under the provisions of Army Regulation 635-200, chapter 10. There is no indication the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. _______ _ X______ ___ CHAIRPERSON I certify that herein is recorded...
ARMY | BCMR | CY2010 | 20100009411
The applicant requests that his bad conduct discharge be upgraded to a general discharge. On 27 November 1984, the applicant submitted a DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States) to the Army Discharge Review Board (ADRB) requesting an upgrade of his bad conduct discharge. Chapter 3, paragraph 3-10, states a Soldier will be given a bad conduct discharge [DD Form 259A] pursuant only to an approved sentence of a general or...
ARMY | BCMR | CY2010 | 20100009412
Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Iraq Campaign Medal must have served in direct support of OIF. The evidence provided by DFAS and the applicant's award of the Army Commendation Medal are accepted as sufficient evidence to show he served in Kuwait and Iraq from 28 January 2003 through 16 January 2004. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding the following...
ARMY | BCMR | CY2010 | 20100009413
The applicant requests his military records be corrected by changing his Reserve Component Survivor Benefit Plan (RCSBP) election from children only to spouse coverage. The applicant married in September 2000 and he had one year from his date of marriage to enroll in the RCSBP for spouse coverage. Since there is no evidence which shows the applicant attempted to enroll in the SBP within one year of his marriage, regrettably, there is no basis for granting the applicant's request.
ARMY | BCMR | CY2010 | 20100009416
In Item 12f, Foreign Service, from reading 0000 00 00 to a period of time which would include his 47 months in Italy, his 10 months in Korea, and his 5 months in Afghanistan and Iraq; c. In Item 12e, Total Prior Inactive Service, from reading 0000 00 00 to reading a period of time which would show the time he spent in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) (21 June 1985 to 11 June 1986); and d. In Item 13, Decorations, Medals, Citations and Campaign Ribbons Awarded or...
ARMY | BCMR | CY2010 | 20100009420
The applicant requests payment of Foreign Language Proficiency Pay (FLPP) for the period 7 May 2007 to 27 November 2007. d. Regular Army personnel must be on active duty and entitled to basic pay. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. issuing orders terminating his FLPP, effective 7 May 2007 (the date he was transferred to the USAR); and b. issuing orders awarding him FLPP, effective 8 September 2007 (the...
ARMY | BCMR | CY2010 | 20100009422
The applicant requests that her DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 12 May 2001, be corrected to reflect all of the medals she is entitled to receive for Operations Desert Shield/Desert Storm, that her rank be corrected to reflect the rank of specialist (SPC)/E-4, and that all of her active duty time be reflected. The applicant states that her DD Form 214 does not reflect all of the medals she should have received for Operations Desert Shield/Desert...
ARMY | BCMR | CY2010 | 20100009423
IN THE CASE OF: BOARD DATE: 26 August 2010 DOCKET NUMBER: AR20100009423 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following awards: * Global War on Terrorism Service Medal (GWOTSM) * National Defense Service Medal (NDSM) * Quartermaster Regimental Affiliation * Army Commendation Medal (ARCOM) (2nd Award) * Army Achievement Medal (AAM) (4th Award) 2. As a...
ARMY | BCMR | CY2010 | 20100009426
He had served 1 year, 10 months, and 27 days of total active service and his DD Form 214 issued at the time of his separation shows he was awarded the: * National Defense Service Medal * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Campaign Medal * Army Commendation Medal with one oak leaf cluster * Air Medal * Aircraft Crewman Badge * Expert Marksmanship Badge with Rifle Bar 5. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2010 | 20100009428
The applicant requests award of the Army Reserve Components Overseas Training Ribbon (ARCOTR) and correction of his records to show this award as well as a second award of the Meritorious Service Medal (MSM). The applicant states he was awarded two MSM's. With respect to the MSM, the evidence of record shows the applicant was, in fact, awarded two awards of the MSM and both are appropriately filed in his records.
ARMY | BCMR | CY2010 | 20100009435
The applicant states he sustained a gunshot wound in February 1970 while serving as an infantryman in Vietnam. However, there is no evidence of record which shows this gunshot wound was the result of hostile action in Vietnam. ____________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 | 20100009437
The applicant requests upgrade of his under other than honorable conditions (UOTHC) discharge to an honorable discharge. The applicant requested a general discharge when he submitted his request for voluntary discharge and he provided the same reasons he presents to this Board. 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 | 20100009438
Records show the applicant was promoted to SGT effective 1 October 2005. The applicant's separation orders consistently show his rank as SGT and that he was placed on Retired List in the grade of rank of SGT/E-5. A thorough review of the applicant's military service records shows that his DD Form 214 is the only document that shows the rank/pay grade of SSG/E-6.
ARMY | BCMR | CY2010 | 20100009439
On 4 February 1970, the PEB convened and determined the applicant was unfit for military service and recommended temporary disability retirement with a 50 percent (%) disability rating percentage. Based on the evidence documented on the applicant's initial DD Form 4 his service number is "RA1xxxxxx6" and his SSN is "xxx-xx-8248". As the applicant's record shows he served the requisite period of time in the Republic of Vietnam he is entitled to a correction of his DD Form 214 to show award...
ARMY | BCMR | CY2010 | 20100009444
It shows he was wounded in hostile action on 11 May 1970 and served in MOS 11B with an infantry unit at that time. By regulation, in order to support award of the PH, there must be evidence showing a member was wounded in action that he was treated for this wound by military medical personnel and a record of the medical treatment must have been made a matter of official record. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2010 | 20100009446
His DA Form 66 (Officer Qualification Record) shows, in Item 17 (Foreign Service), that he served in Vietnam during the period 30 June 1968 through 7 July 1969. As such, it would be appropriate to correct his DD Form 214 for the period ending 25 March 1972 to show the same correct service dates for his first completed tour in Vietnam. Therefore, his DD Form 214 for the period ending 25 March 1972 should be corrected to show he completed his first tour of duty in Vietnam during the period...
ARMY | BCMR | CY2010 | 20100009448
Application for correction of military records (with supporting documents provided, if any). The applicant's DD Form 214 should reflect "USARV" for US Army Vietnam in Item 24c. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting Item 24c of his DD Form 214 to reflect his service in "USARV."
ARMY | BCMR | CY2010 | 20100009451
The applicant's DD Form 214 shows he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit. The evidence of record shows the applicant's SSAN is incorrect by one digit; however, his SN is correct on the general order. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. correcting Headquarters, 1st Cavalry Division (Airmobile),...
ARMY | BCMR | CY2010 | 20100009453
h. On 7 January 2008, the applicant was advised by the 9th MSC to submit a request for extension on active duty in order to complete her medical treatment. s. The applicant has always considered herself to be on active duty and has never schemed to remain on active duty any longer than necessary to complete her required medical treatment and to be properly out-processed. The applicant provides the following enclosures: * Orders P-04-79005A01, dated 24 May 2007 * Orders C-04-710733A01,...
ARMY | BCMR | CY2010 | 20100009455
Application for correction of military records (with supporting documents provided, if any). DISCUSSION AND CONCLUSIONS: Evidence of record shows the applicant was promoted prior to his separation from active duty to the rank/grade of SGT/E-5 with an effective date of 1 May 2004. __________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 | 20100009459
This DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, with a character of service UOTHC in the rank/grade of private/E-1. However, the applicant's record of service shows he was absent without leave for over 3 years, an egregious offense for any Soldier, but particularly egregious for a Soldier with more than 7 years of service who had reenlisted twice in the Regular Army. Therefore, the Board...
ARMY | BCMR | CY2010 | 20100009462
IN THE CASE OF: BOARD DATE: 18 March 2010 DOCKET NUMBER: AR20100009462 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The document will not be removed from an OMPF or moved to another part of the OMPF unless directed by, among other agencies, the Army Board for the Correction of Military Records (ABCMR) or the OMPF custodian when documents have been improperly filed. The evidence of record shows the applicants OMPF contains a Concordia College and University, Inc. transcript.
ARMY | BCMR | CY2010 | 20100009465
Application for correction of military records (with supporting documents provided, if any). The ABCMR does not have jurisdiction over such issues; therefore, this portion of the applicant's request will not be discussed further in these Proceedings. __________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 | 20100009466
On 11 December 2001, the Army Board for Correction of Military Records corrected his DOR to captain to 18 April 2000. On 1 October 2004, the applicant was discharged from the USAR/Active Guard Reserve in the rank of captain with a DOR of 18 April 2000. The applicant's military records indicate he had no military status between the date of his discharge from the USAR, 1 October 2004, and the date of his appointment in the TNARNG, 17 September 2008.
ARMY | BCMR | CY2010 | 20100009468
The applicant requests, in effect, that a DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)), dated 16 December 2005, be removed from his Official Military Personnel File (OMPF). Paragraph 3-37b(1)(a) of the military justice regulation states, in pertinent part, that 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. It states, in pertinent part,...
ARMY | BCMR | CY2010 | 20100009472
Therefore, he served a qualifying period of service for award of the Iraq Campaign Medal and he is entitled to correction of his records to show this award. The evidence of record shows he served a qualifying period of service for award of the Global War on Terrorism Service Medal which is not shown on his records; therefore, he is entitled to correction of his records to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned...
ARMY | BCMR | CY2010 | 20100009473
The applicant requests that his date of rank to major and lieutenant colonel (LTC) be corrected to the date he attained maximum time in grade or the date he was assigned to a position in the next higher grade. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) dated 1 September 1994, in effect at the time, paragraph 4-19, effective date, states that USAR unit officers who are selected for promotion by a mandatory board will be...
ARMY | BCMR | CY2010 | 20100009477
He was issued a separation code of JFW and a RE code of 3. 3. 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. Chapter 3 of this regulation prescribes the basic eligibility for prior service applicants for enlistment.
ARMY | BCMR | CY2010 | 20100009478
There is no evidence in the available records which shows the applicant applied to the Army Discharge Review Board within its 15-year statute of limitations. A general discharge is a separation from the Army under honorable conditions of an individual whose military record was not sufficiently meritorious to warrant an honorable 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.
ARMY | BCMR | CY2010 | 20100009479
The applicant requests his reentry (RE) code of 4 be upgraded to a more favorable code so he may reenter military service. 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 applicant was assigned the appropriate SPD and RE codes and he has provided no evidence that shows this codes are in error or unjust.
ARMY | BCMR | CY2010 | 20100009483
His records show he was awarded the Vietnam Service Medal. The evidence shows he completed a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Army Commendation Medal and the Vietnam Service Medal from item 24 of his DD Form 214 and b. adding the following to item 24 of his DD Form 214: (1) the Army...
ARMY | BCMR | CY2010 | 20100009484
Army Regulation 135-180 (Army National Guard and Army Reserve-Qualifying Service for Retired Pay Non-regular Service), paragraph 2-1a indicates that to be eligible for retired pay an individual does not need to have a military status at the time of application for retired pay, but must have (1) attained age 60; (2) completed a minimum of 20 years of qualifying service; and (3) served the last 8 years of his or her qualifying service as a RC Soldier. The applicant contends her late husband's...
ARMY | BCMR | CY2010 | 20100009491
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Korea Defense Service Medal. Headquarters, Eighth U.S. Army, Special Troops Command (Provisional) Permanent Orders Number 75-1, dated 23 October 1984, provided by the applicant, awarded her the Army Commendation Medal for meritorious service for the period from 4 January...
ARMY | BCMR | CY2010 | 20100009492
The applicant provides the following documents: * a copy of his DD Form 214 for the period ending 26 February 1968 * a copy of Special Orders Number 13, dated 16 January 1968 CONSIDERATION OF EVIDENCE: 1. (2) If the grade at the time of separation is not permanent, the permanent grade, date of appointment, and date of rank, if different from date of appointment will be entered in item 30. c. Item 30 is used to complete entries too long for their respective blocks and/or as a...
ARMY | BCMR | CY2010 | 20100009495
The applicant requests his bad conduct discharge be upgraded to a general discharge. On 7 November 2006, he was honorably discharged for immediate reenlistment. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.
ARMY | BCMR | CY2010 | 20100009496
He indicated at the time that he had been near three mortar attacks since 12 April and that he had not taken any medications. However, on 26 January 2009, HRC-Alexandria returned the request for award of the Purple Heart to the applicant without action due to the lack of necessary supporting documentation. 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.