ARMY | BCMR | CY2010 | 20100010435
Title 10, U.S. Code, section 1448(b)(2), permits a person, incident to a proceeding of divorce, to elect to provide an annuity to a former spouse if required by court order to do so. Section 1450(f)(3)(C) provides that an election may not be deemed to have been made unless the request from the former spouse of the person is received within 1 year of the date of the court order or filing involved. However, neither the FSM nor the applicant has changed the election from spouse to former...
ARMY | BCMR | CY2010 | 20100010440
On 30 April 2008, the Professor of Military Science, U.S. Army ROTC Battalion, UND, recommended the applicant be disenrolled from the ND ROTC program because she had not been admitted into her upper division nursing program at Saint Mary's College. It stated that the applicant was disenrolled from the ROTC program under the provisions of Army Regulation 145-1, paragraphs 3-43a(16). The applicant understood her academic standing and requirements of the nursing program throughout her time in...
ARMY | BCMR | CY2010 | 20100010448
The applicant requests correction of his military records to show award of the Air Assault Badge, Aircraft Crewman Badge, and the Overseas Service Ribbon for service in Honduras and Saudi Arabia. Permanent Orders 171-045, 101st Airborne Division, dated 20 June 1991, awarded the applicant the Air Medal for meritorious achievement on 24 February 1991. The applicant contends that his military records should be corrected to show award of the Air Assault Badge, Aircraft Crewman Badge, and the...
ARMY | BCMR | CY2010 | 20100010451
The applicant was medically evaluated on 28 July 1980 and found medically qualified for separation consideration under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel). The separation authority approved the applicant's request for discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of court-martial on 4 August 1980 and directed issuance of an under other than honorable conditions discharge. _______...
ARMY | BCMR | CY2010 | 20100010452
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * two Imjin Scout Insignia Certificates * a second award of the Overseas Service Ribbon * an Expert Marksmanship Qualification Badge with Missile Bar 2. The applicant contends that his DD Form 214 should be corrected to show his Imjin Scout Insignia Certificate, a second award of the Overseas Service Ribbon, and the Expert Marksmanship Qualification Badge with...
ARMY | BCMR | CY2010 | 20100010453
The applicant requests, in effect, that his discharge under other than honorable conditions be upgraded to an honorable discharge. The applicant's Military Personnel Records Jacket (MPRJ) shows that on 11 June 1979, at age 18, he enlisted in the Regular Army for a period of 3 years. The applicant requests that his discharge under other than honorable conditions be upgraded to an honorable discharge.
ARMY | BCMR | CY2010 | 20100010455
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 Distinguished Flying Cross and two awards of the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that, in addition to the awards shown on his DD Form 214, his...
ARMY | BCMR | CY2010 | 20100010456
IN THE CASE OF: BOARD DATE: 14 September 2010 DOCKET NUMBER: AR20100010456 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Paragraph 3-7b of Army Regulation 635-200 provides that a general discharge is a separation from the Army under honorable conditions. The applicant was discharged from the Army because he submitted a request for discharge for the good of the service in lieu of trial by court-martial.
ARMY | BCMR | CY2010 | 20100010458
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 4 September 1970 to show award of the Purple Heart. There are no general orders in the applicants service personnel records that show he was awarded the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received as a result...
ARMY | BCMR | CY2010 | 20100010459
The applicant requests award of the Combat Infantryman Badge and the Air Medal and their addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). There are no orders in the applicants military personnel records that show he was awarded the Combat Infantryman Badge or the Air Medal. Therefore, there is insufficient evidence to award him the Combat Infantryman Badge in this case.
ARMY | BCMR | CY2010 | 20100010460
Application for correction of military records (with supporting documents provided, if any). The applicant requests award of the Combat Infantryman Badge (CIB). In the absence of corroborating evidence showing he was awarded or recommended for award of the CIB or that he ever engaged in active ground combat, his self-authored statement is insufficient to support awarding him the CIB in this case.
ARMY | BCMR | CY2010 | 20100010461
A review of hospital admission data in the SGO files did not reveal any records indicating the FSM received a shrapnel wound to his knee or that he was otherwise wounded as a result of enemy action. The newspaper clipping shows the FSM was entitled to wear the insignia for the Meritorious Service Unit Plaque (later renamed the Meritorious Unit Commendation (MUC)) and was awarded the Army Good Conduct Medal, Purple Heart, Combat Infantryman Badge, and five battle stars. The applicant's...
ARMY | BCMR | CY2010 | 20100010463
BOARD DATE: 8 March 2011 DOCKET NUMBER: AR20100010463 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, correction of his records to show he was appointed in the grade of chief warrant officer two (CW2). b. Paragraph 3-28 states certain personnel qualifying for WO MOS's currently authorized in the appropriate regulation may apply for appointment under this section.
ARMY | BCMR | CY2010 | 20100010464
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 12 May 2000, After consulting with his defense counsel, the applicant submitted a request for discharge for the good of the service, under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. 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 reason for discharge.
ARMY | BCMR | CY2010 | 20100010465
He states, in effect, his item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows his duty military occupational specialty (MOS) was 11B (Rifleman) from 1 May 1969 through 7 January 1970. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and Army Commendation Medal....
ARMY | BCMR | CY2010 | 20100010466
The VA determined the condition was service-connected and assigned a 50 percent disability rating. The applicant's request for correction of his records to show he was medically retired by reason of permanent disability was carefully considered; however, it is not supported by the evidence of record. There is no indication he was considered unfit for continued service.
ARMY | BCMR | CY2010 | 20100010467
The applicant requests, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show he is authorized the Army of Occupation Medal with Germany Clasp and any Presidential Unit Citation to which he may be entitled. The applicants military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his WD AGO Form 53-55 to add the Army of...
ARMY | BCMR | CY2010 | 20100010468
The board found the applicant had wrongfully used cocaine and recommended his separation under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12c, for the commission of a serious offense. d. Accordingly, the applicant had to undergo both a physical examination and a mental status evaluation in order to comply with the regulatory requirements for separation under the provisions of Army Regulation 635-200, chapter 14. e. Based on the...
ARMY | BCMR | CY2010 | 20100010470
Application for correction of military records (with supporting documents provided, if any). The applicant requests the Kuwait Liberation Medal - Government of Kuwait be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 4 September 1992. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 24 of his DD Form 214 to show he is authorized the Kuwait Liberation...
ARMY | BCMR | CY2010 | 20100010473
The applicant requests upgrade of his under other than honorable conditions discharge to a general discharge. He acknowledged he understood that if his discharge request was approved, he might be discharged under conditions other than honorable. At the time of the applicant's separation, an under other than honorable conditions discharge was appropriate.
ARMY | BCMR | CY2010 | 20100010474
On 11 June 1980, the appropriate separation authority approved the discharge and directed that the applicant receive an Under Other Than Honorable Conditions Discharge Certificate. On 12 June 1980, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 14-33b(1), by reason of a pattern of misconduct - frequent incidents of a discreditable nature with civil or military authorities, with an under other than honorable conditions discharge. The evidence of...
ARMY | BCMR | CY2010 | 20100010478
The applicant requests the following: * award of the Purple Heart * award of the Combat Infantryman Badge * award of the Combat Medical Badge * issue of two Bronze Star Medal certificates * correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all his awards and decorations 2. With no published orders awarding him the Purple Heart filed in his military service record and no medical records showing the applicant's injury resulted from...
ARMY | BCMR | CY2010 | 20100010481
Application for correction of military records (with supporting documents provided, if any). Members of the Armed Forces of the United States in Thailand, Laos, or Cambodia, or the airspace there over during the same period and serving in direct support of operations in Vietnam are also eligible for this award. In the absence of additional documentation that conclusively shows he arrived in and departed from Vietnam, there is insufficient evidence to support awarding him the Vietnam...
ARMY | BCMR | CY2010 | 20100010482
Army Regulation 600-8-22 states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. Therefore, there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds...
ARMY | BCMR | CY2010 | 20100010486
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) effective 15 March 1993 to show his characterization of service as honorable and to add award of the National Defense Service Medal. Effective 15 March 1993, the applicant was discharged and issued a DD Form 214 reporting his 11 days of active duty service as uncharacterized in item 24...
ARMY | BCMR | CY2010 | 20100010487
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant was separated under the provisions of Army Regulation 635-200, chapter 4, due to completion of required service and was properly issued an RE Code of 3 in accordance with the applicable regulations due to the fact that he had a self-imposed bar to reenlistment against him as a result of his signing the DA Form 4991-R. 4. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for...
ARMY | BCMR | CY2010 | 20100010492
On 21 January 1972, the applicant's company commander recommended that the applicant be separated from the service under the provisions of Army Regulation 635-212 (Personnel Separations - Discharge - Unfitness and Unsuitability) for unfitness based on frequent incidents of a discreditable nature with military authorities and that an Undesirable Discharge Certificate be issued. There is no evidence the applicant applied to the Army Discharge Review Board for an upgrade of his discharge...
ARMY | BCMR | CY2010 | 20100010493
The applicant states he left active duty before the above award was authorized. The above discussed awards should be added to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to the applicant's DD Form 214 the Republic of Vietnam Gallantry Cross with Palm Unit Citation and a silver service star for wear on the Vietnam Service Medal.
ARMY | BCMR | CY2010 | 20100010495
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. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel from active duty. The applicants record of service included two nonjudicial punishments for marijuana use.
ARMY | BCMR | CY2010 | 20100010497
The FSMs military records are not available to the Board for review. Army Regulation 600-8-22 (Military Awards) states the Silver Star is awarded for gallantry in action against the enemy. Therefore, regrettably, there is insufficient evidence on which to base adding the Silver Star to the FSM's WD AGO Form 53-55.
ARMY | BCMR | CY2010 | 20100010498
h. Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that his conduct and efficiency ratings were "excellent." This publication shows that the 2nd Battalion, 3rd Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 31, dated in 1971, 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...
ARMY | BCMR | CY2010 | 20100010499
The applicant states he proudly served in Vietnam, but his DD Form 214 does not show this service, nor does it list the Vietnam Service Medal and Vietnam Campaign Medal as authorized awards. The applicant contends his DD Form 214 should be corrected to show his foreign service in Vietnam and that he was awarded the Vietnam Service Medal and Vietnam Campaign Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2010 | 20100010500
A review of the FSM's official military records shows his last name is spelled the same on every document contained therein as it is spelled on his DD Form 47. His official records show he served in the Army spelling and signing his name with an "e" as the fourth letter in his last name and there is no evidence that shows he ever made an attempt to change the spelling while he was in the Army or after his release. The applicant is advised that a copy of the decisional document, along with...
ARMY | BCMR | CY2010 | 20100010501
IN THE CASE OF: BOARD DATE: 5 October 2010 DOCKET NUMBER: AR20100010501 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. b. Paragraph 3-7b states a general discharge is a separation from the Army under honorable conditions. The applicant contends her bad conduct discharge should be upgraded because she received multiple awards and commendations during her initial enlistment and two reenlistments; however, she exercised poor judgment during her last year of active service.
ARMY | BCMR | CY2010 | 20100010502
The applicant's first duty assignment following completion of training was in Germany with HQ Battery, 2nd Howitzer Battalion, 34th Artillery. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry MOS. This document shows the 1st Battalion, 7th Artillery, the unit to which the applicant was assigned, was cited for the following awards: * Republic of Vietnam...
ARMY | BCMR | CY2010 | 20100010517
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 Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. In the absence of official orders or other documentary evidence such as...
ARMY | BCMR | CY2010 | 20100010519
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his retirement date in item 9d (Effective Date) of his DD Form 214 (Report of Separation from Active Duty). His records contain a copy of a DA Form 3713 (Data for Retired Pay), dated 3 February 1976, which shows in item 17 (Date Placed on Retired List) the entry "1 June 1976."
ARMY | BCMR | CY2010 | 20100010523
In an undated letter, the applicant states: * His discharge is improper and/or inequitable and should be recharacterized to honorable or general under the "Whole Man Concept" * The "Laird Memo" and its 1972 supplement require review of undesirable discharges, bad conduct discharges, and dishonorable discharges issued for personal abuse of drugs and authorize general discharges * Honorable discharges are permitted by the "Laird Memo" and as general rules are granted when the service record...
ARMY | BCMR | CY2010 | 20100010526
IN THE CASE OF: BOARD DATE: 28 October 2010 DOCKET NUMBER: AR20100010526 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant in sworn statement, dated 14 May 2007, stated his vehicle was hit by four IEDs which lifted the rear of the truck causing a little damage to the truck (emphasis added).
ARMY | BCMR | CY2010 | 20100010531
On 11 July 1991, the separation authority approved the applicant's request for discharge and directed that he be issued a discharge under other than honorable conditions. On 5 October 2005, the Army Discharge Review Board considered the applicant's request for an upgrade of his discharge. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2010 | 20100010533
An undated affidavit completed at Fort George G. Meade, Maryland, states the applicant personally appeared before the administering officer and was advised of his "rights and advantages of remaining in an active duty status in the Army beyond the scheduled date of his expiration of term of service for the purpose of continuing medical care or hospitalization and, if eligible, subsequent separation or retirement for physical disability under the provisions of chapter 61, Title 10, U.S. Code,...
ARMY | BCMR | CY2010 | 20100010535
Application for correction of military records (with supporting documents provided, if any). The applicant requests that item 24 (Character of Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his service was honorable. Only the honorable characterization may be awarded a Soldier upon completion of his or her period of enlistment or period for which called or ordered to active duty or active duty for training (ADT), or where required...
ARMY | BCMR | CY2010 | 20100010537
The applicant requests correction of her records to show she was awarded 17 years of constructive service credit (CSC). Although the advisory opinion credits the applicant with 1 year and 8 months of CSC for her professional experience, this credit is based on the date she received her DVM (May 1998). The evidence of record shows she was granted 4 years of CSC for her DVM, which was the maximum credit authorized for her degree.
ARMY | BCMR | CY2010 | 20100010542
The applicant requests correction of item 15a (Member Contributed to Post-Vietnam Era Veteran's Education Assistance Program (VEAP)) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 March 2005 to show "Yes" instead of "No" which will allow him to use his Montgomery GI Bill (MGIB). He was issued a DD Form 214 that shows the "No" block is marked in item 15a. Therefore, the Board determined that the overall merits of this case are insufficient...
ARMY | BCMR | CY2010 | 20100010546
Accordingly, on 21 December 1972 the applicant was discharged under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial. Chapter 10 of the version in effect at the time provided that a member who committed an offense or offenses for which the authorized punishment included a punitive discharge could submit a request for discharge for the good of the service at any time after court-martial charges were preferred. ...
ARMY | BCMR | CY2010 | 20100010547
The evidence of record shows he was awarded the Vietnam Service Medal. Therefore, it would be appropriate to award him the first award of the Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his records to show it. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Awarding him the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during...
ARMY | BCMR | CY2010 | 20100010548
His service in the Republic of Vietnam is not recorded on this DD Form 214. Item 24 of his DD Form 214 for the period ending 14 March 1972 does not show award of the Purple Heart. Therefore, in the absence of military and medical records showing the applicant was wounded and treated for wounds resulting from hostile action, there is insufficient evidence upon which to base award of the Purple Heart.
ARMY | BCMR | CY2010 | 20100010549
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his undesirable discharge be upgraded to a general discharge. _______ _ __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 | 20100010550
The applicant requests that his discharge under other than honorable conditions be upgraded to an honorable discharge. The available records do not show the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.
ARMY | BCMR | CY2010 | 20100010551
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). In the absence of official orders or other documentary evidence such as operation reports, after action reports, valor awards, witness statements, or any other evidence that conclusively shows he actively participated in ground combat while assigned to an infantry unit, there is insufficient evidence upon which to base...