ARMY | BCMR | CY2010 | 20100011782
The applicants service record does not indicate she was AWOL or dropped from the rolls of the Army during the period of active service from 22 February 2006 to 20 January 2007. She was released from active duty on 20 January 2007 at the completion of required active service and she was transferred to a Reserve unit. The applicant's DD Form 214 for the period ending 20 January 2007 correctly shows she was separated under the provisions of Army Regulation 600-8-24, paragraph 2-25a by reason...
ARMY | BCMR | CY2010 | 20100011783
Title 10, U.S. Code, section 1450(f)(3)(A) permits a former spouse to make a written request that an SBP election of former spouse coverage be deemed to have been made when the former spouse is awarded the SBP annuity incident to a proceeding of divorce. The applicant, the former spouse of a deceased former service member (FSM), requests entitlement to SBP benefits. The evidence of record shows subsequent to receiving his 20-year letter the FSM elected spouse RCSBP coverage based on the...
ARMY | BCMR | CY2010 | 20100011784
Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. On 30 August 1983, his command initiated discharge proceedings under Army Regulation 635-200, chapter 13, for unsatisfactory performance, citing failure to adapt to military regulations, failure to conform to military standards, and continued misconduct as reasons for his separation. _______ _ x_______...
ARMY | BCMR | CY2010 | 20100011785
The official indicates the applicant was selected for promotion to MAJ/O-4 and on 30 June 1995, he was transferred to the Retired Reserve. As a result, absent any evidence that he was offered the opportunity to transfer to the IRR to accept promotion or that he voluntarily agreed to delay his promotion, it would be appropriate to correct his record to show he was transferred to the IRR on 29 January 1995 (the day after his Statement of Retirement Points indicates he stopped participating...
ARMY | BCMR | CY2010 | 20100011788
The applicant requests, in effect, upgrade of his general discharge to an honorable discharge. 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. _______ _ 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 | 20100011789
The applicant's counsel indicated: a. the decision was contrary to the medical evidence, several errors occurred in the processing of the applicant's case, and the board denied the applicant due process; b. the formal PEB relied upon a faulty commanders statement and an Officer Evaluation Report (OER) that primarily rated the applicant during the period prior to the pacemaker implantation and while he was on convalescent leave; c. although the applicants commander recommended that he be...
ARMY | BCMR | CY2010 | 20100011790
Application for correction of military records (with supporting documents provided, if any). Accordingly, on 10 October 1984, the applicant was discharged under other than honorable conditions, under the provisions of Army Regulation 635-200, chapter 14, for misconduct pattern of misconduct. The available evidence does 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.
ARMY | BCMR | CY2010 | 20100011792
The applicant requests his general discharge be upgraded to an honorable discharge and his Reentry code of RE-3 be corrected to an RE-1. The applicant was almost 20 years old at the time of his discharge. Therefore, it is certainly understandable why the applicant's unit commander initiated action to discharge the applicant.
ARMY | BCMR | CY2010 | 20100011795
The applicant requests that his discharge under other than honorable conditions be upgraded to a general discharge. The available records do not show that 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. 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 | 20100011796
Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Aircraft Crewmember Badge, RVN Campaign Medal with Device (1960), Air Medal, Army Commendation Medal, and two overseas service bars. The applicant's contention that his record should be corrected to show award of the Purple Heart was carefully considered; however, it is not supported by the available evidence. ____________x_____________ CHAIRPERSON I certify...
ARMY | BCMR | CY2010 | 20100011798
The applicant's DA Form 2-1 (Personnel Qualification Record) shows in: a. item 5 (Oversea Service) that he served in Korea from 22 January 1991 through 21 January 1992; b. item 9 (Awards, Decorations, and Campaigns) that he was awarded or authorized the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Grenade Bar, Parachutist Badge, Army Service Ribbon, Army Achievement Medal (2nd Award), Army Good Conduct Medal (3rd Award),...
ARMY | BCMR | CY2010 | 20100011800
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 applicant's military service records do not contain any orders awarding him the CIB. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.
ARMY | BCMR | CY2010 | 20100011805
She states she served as an active duty Soldier for 1 year and was honorably discharged with a RE-3C (pregnancy discharge). The applicant was discharged on 10 May 1988 under the provisions of Army Regulation 635-200, chapter 8. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing an RE Code of "2" in Item 27 of the applicant's DD Form 214 with an ending date of 10 May 1988 and providing her a corrected separation document.
ARMY | BCMR | CY2010 | 20100011807
The applicant, the daughter of a deceased former service member (FSM), requests the FSM's records be corrected to show he changed his Reserve Component Survivor Benefit Plan (RCSBP) coverage from spouse to former spouse. In a letter dated 14 December 2007, DFAS informed the applicant that charges for the SBP were being deducted from the FSM's retired pay up until the time of his death. The FSM had one year from the date of divorce to change his RCSBP election to former spouse coverage.
ARMY | BCMR | CY2010 | 20100011810
IN THE CASE OF: BOARD DATE: 7 October 2010 DOCKET NUMBER: AR20100011810 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 award of the Global War on Terrorism Service Medal (GWOTSM). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the GWOTSM to his DD Form 214.
ARMY | BCMR | CY2010 | 20100011812
The applicant provides copies of: * her National Guard Bureau (NGB) Form 337 (Oaths of Office), dated 9 January 2009 * her DA Form 71 (Oath of Office - Military Personnel), dated 8 January 2009 * orders appointing her as a 2LT in the TXARNG effective 14 May 2009 * NGB Form 89 (Proceedings of a Federal Recognition Examining Board), dated 14 May 2009 * NGB Form 337, dated 14 May 2009 * Federal recognition orders establishing her effective DOR as a 2LT as 14 May 2009 CONSIDERATION OF...
ARMY | BCMR | CY2010 | 20100011813
He was on approved retirement transition leave from 19 June 2009 to 31 October 2009 when the final guidance was published which included the requirement to be on active duty to transfer benefits under the Post-9/11 GI Bill, chapter 33. The policy further states the Secretaries of the Military Departments will provide active duty participants and members of the Reserve Components with qualifying active duty service individual pre-separation or release from active duty counseling on the...
ARMY | BCMR | CY2010 | 20100011816
The applicant requests a change in his characterization of service on his DD Form 214 (Certificate of Release or Discharge from Active Duty) from "Uncharacterized" to "Honorable." It stated Soldiers who were unfit for retention on active duty by reason of physical disability which was neither incurred nor aggravated during the period in which the Soldier was entitled to basic pay would be expeditiously discharged. The evidence of record shows the applicant was determined to have an EPTS...
ARMY | BCMR | CY2010 | 20100011820
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 12 July 2005 to show he was deployed to Bosnia. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 18 of his DD Form 214 to add "SERVICE IN BOSNIA-HERZEGOVINIA FROM 20020226-20020916."
ARMY | BCMR | CY2010 | 20100011821
His USAR Personnel Command Form 249-E (Chronological Statement of Retirement Points), dated 31 August 2010, shows that during all periods of service in the USAR, USNR, ARNG, and RA, he completed a combined total of 13 years, 6 months, and 18 days of qualifying service creditable toward nonregular retirement. Army Regulation 135-180 (Army National Guard and Army Reserve Qualifying Service for Retired Pay Nonregular Service), paragraph 2-1a, states that to be eligible for retired pay an...
ARMY | BCMR | CY2010 | 20100011823
The applicant requests correction of the following enlistment documents and payment of additional reenlistment bonus money due as a result: a. DA Form 4836 (Oath of Extension or Reenlistment), dated 13 July 2000; b. DA Form 4836, dated 28 February 2004; c. DA Form 4836, dated 28 February 2009; and d. National Guard Bureau (NGB) Form 600-7-3-R-E (Bonus Addendum), dated 1 March 2009. The evidence of record confirms the enlistment/extension documents executed by the applicant on 13 July 2000,...
ARMY | BCMR | CY2010 | 20100011824
The applicant requests his general under honorable conditions discharge be upgraded. On 15 January 1980, the separation authority approved the applicant's request for discharge and directed that he receive an under other than honorable conditions discharge. In a statement provided to the ADRB, the applicant and his counsel stated his discharge was too harsh for the following reasons: * the marijuana was for use, not sale * the commander recommended a better discharge * his successfully...
ARMY | BCMR | CY2010 | 20100011825
The applicant's wife relied on counseling from Department of Defense (DOD) personnel when she signed the DD Form 2656 pursuant to the applicant's power of attorney. Counsel states the applicant and his wife were incorrectly counseled concerning the durable power of attorney and their SBP election. Over a month before his date of retirement the applicant and his wife submitted his DD Form 2656 electing to decline to participate in SBP.
ARMY | BCMR | CY2010 | 20100011827
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 3 October 2006 to show "Service in Iraq" instead of "Service in Kuwait." The preponderance of evidence indicates he served in both Kuwait and Iraq during the period 5 October 2005 to 24 February 2006.
ARMY | BCMR | CY2010 | 20100011828
The applicant requests removal of a DA Form 2627 (Record of Proceedings Under Article 15, UCMJ [Uniform Code of Military Justice]) from his Official Military Personnel File (OMPF). It states, in pertinent part, applications for removal of an Article 15 from the OMPF based on an error or injustice will be made to the Army Board for Correction of Military Records (ABCMR). _________X______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of...
ARMY | BCMR | CY2010 | 20100011829
Application for correction of military records (with supporting documents provided, if any). Therefore, he is entitled to award of the AGCM for the period 30 August 1967 to 2 April 1969 and 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 be corrected by: a. awarding him the AGCM for the period 30 August 1967 to 2 April 1969 and b. adding to his 2 April 1969 DD Form 214 the AGCM and the...
ARMY | BCMR | CY2010 | 20100011830
The applicant provides the following documents in support of his application: * spirometry report [asthma test] * individual copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) CONSIDERATION OF EVIDENCE: 1. The NGB Form 22 in his record shows that the applicant was discharged from the ARNG under the provisions of paragraph 8-23b(3), National Guard Regulation 600-200 (Enlisted...
ARMY | BCMR | CY2010 | 20100011832
IN THE CASE OF: BOARD DATE: 28 October 2010 DOCKET NUMBER: AR20100011832 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Orders, dated 19 May 2004, show the applicant was reduced from sergeant major to master sergeant effective 18 May 2004 under the provisions of Army Regulation 140-158, paragraph 7-12(d-g). Paragraph 8-2a of Army Regulation 140-158 states that a Soldier must be a U.S. Army Sergeants Major Course graduate to be eligible for promotion to sergeant major.
ARMY | BCMR | CY2010 | 20100011833
The SDRP stipulated that all former service members who received UDs (the equivalent now being a discharge under other than honorable conditions) or general discharges during the period 4 August 1964 through 28 March 1973 were eligible for review under the SDRP. The SDRP also provided secondary criteria that allowed the Army Discharge Review Board (ADRB) to upgrade a discharge if the board believed such upgrade was appropriate based on all the circumstances of a particular case, and on the...
ARMY | BCMR | CY2010 | 20100011836
The applicant requests correction of his records to show he was medically retired due to physical disability. He completed the required years of qualifying service for retirement on 8 September 2009 with a retirement date of 1 October 2009. There is no evidence the applicant was issued a notice of eligibility for retired pay at age 60. c. Therefore, there is no basis for correcting the applicant's military service records to show he completed 15 qualifying years of service on 8 September...
ARMY | BCMR | CY2010 | 20100011837
The applicant provides: * A self-authored letter dated 8 March 2010 * A copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty) showing her service was uncharacterized by the Army Discharge Review Board (ADRB) on 11 June 2007 * A copy of her original DD Form 214 showing her character of service as under other than honorable conditions * A copy of the ADRB Case Report and Directive * A self-authored statement dated 19 March 2008 explaining why she went AWOL *...
ARMY | BCMR | CY2010 | 20100011839
The applicant requests, in effect, correction of his records to show he enrolled in the Survivor Benefit Plan (SBP) within one year of his marriage. Public Law 95-397, the RCSBP, enacted 30 September 1978, provided a way for those who had qualified for reserve retirement but were not yet age 60 to provide an annuity for their survivors should they die before reaching age 60. The available evidence clearly shows that the applicant was transferred to the Retired Reserve on 1 March 1993, he...
ARMY | BCMR | CY2010 | 20100011842
The applicant states no Army policy existed at the time he transitioned from the Army and he did not know or was not informed of the requirements to accomplish this transfer while on active duty. The policy further states the Secretaries of the Military Departments will provide active duty participants and members of the Reserve Components with qualifying active duty service individual pre-separation or release from active duty counseling on the benefits under the Post-9/11 GI Bill and...
ARMY | BCMR | CY2010 | 20100011843
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. Although the applicant was 17 years of age when he enlisted, he served 16 months of service prior to his discharge. The applicant's record of service included adverse counseling statements and three nonjudicial punishments.
ARMY | BCMR | CY2010 | 20100011844
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his records to show he is eligible to be paid the Officer Candidate School (OCS) bonus based on enlistment for the OCS option. A Directorate of Military Personnel Management memorandum, dated 20 April 2006, subject: Advisory Opinion for 09S OCS Bonus Recipients, stated that due to an urgent need for OCS applicants, the Army implemented an enlistment bonus of...
ARMY | BCMR | CY2010 | 20100011845
The applicant requests that his general discharge be upgraded to an honorable discharge. On 17 September 1976, the separation authority approved the applicant's request for discharge and directed that he be issued an under other than honorable conditions discharge. 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 | 20100011846
The applicant claims that if he had received proper psychiatric treatment his behavior would not have deteriorated, and if he had been counseled on the ramifications of a general discharge, he would not have accepted it. On 7 September 1979 the applicant's commander forwarded a recommendation to discharge the applicant under the EDP. 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 | 20100011848
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: The applicant (the former spouse) of the retired service member (SM) defers to counsel. Counsel requests the retired SM's records be corrected to show his former spouse made a timely written request for a deemed election of the SMs Survivor Benefit Plan (SBP). Evidence provided by counsel shows on 31 May 2001, the retired SM directed DFAS to terminate all SBP elections as of 1 August 2000.
ARMY | BCMR | CY2010 | 20100011849
They state, in pertinent part, that a member on active duty is entitled to travel and transportation allowances to a home selected by the member from the last PDS upon retirement. The applicant's request for reinstatement and an extension of his retirement transportation entitlements was carefully considered. Although the applicant failed to timely file a request for extension of his travel and transportation entitlements, it would be appropriate and serve the interest of justice to...
ARMY | BCMR | CY2010 | 20100011850
Item 24 does not show award of the Purple Heart. There is no evidence the applicant is entitled to the Purple Heart: * no orders * his name is not shown on the Vietnam casualty roster * no wound is indicated in item 40 of his DA Form 20 3. __________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 | 20100011851
Paragraph 1-14 of the awards regulation outlines time limitations and states each recommendation must be entered into channels within 2 years of the act, achievement, or service to be honored. One time reconsideration by the award approval authority will be conclusive. Therefore, absent documented acts of valor or documented special achievement outside of his duty performance, which would have been well known to his chain of command, to include the award approval authority, there is no...
ARMY | BCMR | CY2010 | 20100011852
Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) states that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. The evidence of record shows the applicant completed infantry training and was awarded MOS 11C. Army Regulation 600-8-22 governing award of the CIB requires service in an infantry duty position in an infantry unit engaged in active ground combat with the enemy.
ARMY | BCMR | CY2010 | 20100011853
On 25 July 2009, the applicant and her spouse, who is also retired from the USAR, completed a DD Form 2656 (April 2006 version) in which they elected to decline participation in the SBP. A staff member of the Board also contacted the applicants spouse regarding the notarized election form and he informed the staff member that he and his spouse (the applicant) did decline participation in the SBP and that they did so as well when he retired from the USAR in February 2008. Therefore, as a...
ARMY | BCMR | CY2010 | 20100011854
The evidence of record shows he held an infantry specialty and was assigned to an infantry unit in Vietnam and was awarded the Purple Heart. The evidence of record shows the applicant 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: * Awarding him the Combat Infantryman Badge * Adding to his DD Form 214 the Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit...
ARMY | BCMR | CY2010 | 20100011856
IN THE CASE OF: BOARD DATE: 25 January 2011 DOCKET NUMBER: AR20100011856 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant provides copies of: * a web printout of Title 10, U.S. Code, section 14502 (Special selection boards: correction of errors) * a National Guard Bureau (NGB), Arlington, VA, memorandum, subject Promotion as a Reserve Commissioned Officer of the Army, dated 21 October 2009, for promotion to COL * a U.S. Army Human Resources Command, St. Louis, MO, memorandum,...
ARMY | BCMR | CY2010 | 20100011858
The facts and the circumstances surrounding the applicant's discharge are not contained in the available records; however, the applicant's DD Form 214 shows he was discharged on 20 November 1963 under the provisions of Army Regulation 635-208 (Personnel Separations - Discharge - Unfitness) and issued a DD Form 258A (Undesirable Discharge Certificate). 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...
ARMY | BCMR | CY2010 | 20100011860
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 24 September 1976, the separation authority approved the applicant's request for discharge under the provisions of chapter 10, Army Regulation 635-200, and directed he be given an Undesirable Discharge Certificate. 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 | 20100011862
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 12 September 1980 to show she entered active duty on 27 June 1975. The evidence of record shows the applicant enlisted in the Regular Army on 1 October 1975. The evidence also shows that the applicant reenlisted in the Army on 26 May 1978, for a period of 3 years.
ARMY | BCMR | CY2010 | 20100011863
IN THE CASE OF: BOARD DATE: 5 October 2010 DOCKET NUMBER: AR20100011863 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant's military records are not available to the Board for review. However, there is no available evidence and the applicant has not submitted any evidence to show he was awarded the Army Commendation Medal or met the criteria contained in the applicable regulation to be awarded the NCO Professional Development Ribbon.
ARMY | BCMR | CY2010 | 20100011866
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. Records show the applicant 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. by awarding him the Purple Heart for wounds sustained on 25 February 1971; and b. adding to his DD Form 214 the Army Commendation Medal,...