ARMY | BCMR | CY2010 | 20100012620
On 22 July 1975, 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 and directed he be reduced to private/E-1 and issued an Undesirable Discharge Certificate. There is no indication he petitioned the Army Discharge Review Board 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...
ARMY | BCMR | CY2010 | 20100012621
Application for correction of military records (with supporting documents provided, if any). The evidence of record shows the applicant enlisted in the Regular Army on 31 October 1989 using SSN "2xx-5x-7xxx." ____________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 | 20100012622
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his general discharge (GD) be upgraded to an honorable discharge (HD). _______ _ 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 | 20100012623
The applicant requests his undesirable discharge be upgraded to a general discharge. On 26 February 1971, he was arrested by the Union Lake, MI, police for the civil offenses of "minor in possession" and "breaking and entering" and on 5 April 1971 subsequent to a guilty plea, he was sentenced to probation for 1 year from 5 April 1971 with the conditions that he not leave the State without court permission, report monthly to his probation officer, not engage in antisocial misconduct, and not...
ARMY | BCMR | CY2010 | 20100012625
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Combat Infantryman Badge and any other awards he may have earned. In the absence of corroborating evidence showing he was awarded or recommended for award of the Combat Infantryman Badge or that he ever engaged in active ground combat, there is insufficient evidence to support award of the Combat Infantryman Badge in this case. As a result, the Board...
ARMY | BCMR | CY2010 | 20100012626
BOARD DATE: 20 October 2010 DOCKET NUMBER: AR20100012626 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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 sustained as a result of hostile action on 14 June 1969; and b. amending item 24 of his DD Form 214 for the period ending 12 October 1970 by deleting the Vietnam Service Medal, to include the duplicate entry, and adding the...
ARMY | BCMR | CY2010 | 20100012627
Public Law 99-145, enacted on 8 November 1985, but effective 1 March 1986, required a spouses written concurrence for a retiring members election that provided less than maximum spouse coverage. The evidence shows that at the time he submitted his DD Form 2656 he did not indicate in block 26g that he elected not to participate in the SBP. Therefore, since he has failed to show that he was misinformed of his options under the SBP and since he has the option of terminating his SBP...
ARMY | BCMR | CY2010 | 20100012628
The applicant requests, in effect, that his record be corrected to show his Vietnam service and the awards that he is authorized for that service to include the Combat Infantryman Badge and the Vietnam Service Medal. Section 2 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows his conduct and efficiency ratings were exclusively "excellent." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2010 | 20100012630
Application for correction of military records (with supporting documents provided, if any). Records show the applicant participated in three campaign periods during his service in the Republic of Vietnam. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.
ARMY | BCMR | CY2010 | 20100012632
The board found him unfit for retention in the Army and they recommended that he be discharged from the service under the provisions of Army Regulation 635-208 (Personnel Separation - Discharge - Unfitness) for unfitness and that he be issued an undesirable discharge. The applicant was court-martialed twice while he was in the Army and considering the nature of his offenses, the type of discharge he currently has properly reflects his record of service as his service was not fully...
ARMY | BCMR | CY2010 | 20100012633
The applicant did not provide a reason for this request. On 6 March 1991, the applicant was advised by his unit commander that he was initiating action to discharge him from the Army under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 14-12c for misconduct (commission of serious offenses) with a general, under honorable conditions discharge. He understood that if he received a discharge less than honorable, he may apply to the Army...
ARMY | BCMR | CY2010 | 20100012636
The applicant states his military medical records should show he was treated for his injuries. There is no evidence in his service personnel records that show he was treated for wounds as a 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 | 20100012644
Finding: Guilty Specification II: On or about 3 December 1981, failure to go to his appointed place of duty. On 5 February 1982, the appropriate separation authority approved the discharge and directed that the applicant receive an Under Other Than Honorable Conditions Discharge Certificate. The evidence of record shows that the applicant was discharged with an under other than honorable conditions discharge for a pattern of misconduct - frequent incidents of discreditable nature with...
ARMY | BCMR | CY2010 | 20100012646
Headquarters, 160th SOAR, Permanent Order Number 221-6, dated 8 August 2008, shows the applicant was awarded the Army Commendation Medal (First Oak Leaf Cluster) for meritorious service during the period 25 February 2005 to 18 July 2008. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF). Evidence of record shows the applicant was awarded the Army Commendation Medal (First Oak...
ARMY | BCMR | CY2010 | 20100012647
IN THE CASE OF: BOARD DATE: 20 October 2010 DOCKET NUMBER: AR20100012647 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that his general discharge be upgraded to an honorable discharge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * voiding his DD Form 214 dated 20 August 1971 * issuing him a new DD Form 214 for the period 10 November 1966 through 20 August 1971, showing his...
ARMY | BCMR | CY2010 | 20100012648
The applicant requests correction of his records to show award of the Purple Heart and the Combat Infantryman Badge. The evidence of record shows: a. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 the Vietnam Service Medal and b. adding to item 24 of his DD Form 214 the Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit...
ARMY | BCMR | CY2010 | 20100012652
In his request for discharge, he acknowledged he understood by requesting discharge he was admitting guilt to the charges against him or of a lesser included offense that also authorized the imposition of a bad conduct discharge. The DD Form 214 (Report of Separation from Active Duty) he was issued shows he was discharged for the good of the service - in lieu of a court-martial with an Undesirable Discharge Certificate. ___________X_____________ CHAIRPERSON I certify that herein is...
ARMY | BCMR | CY2010 | 20100012655
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 Bronze Star Medal. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, as subsequently corrected (twice), lists his awards as the National Defense Service Medal, Army Commendation Medal, Vietnam Service Medal with one silver service star, Republic of Vietnam...
ARMY | BCMR | CY2010 | 20100012658
The applicant requests upgrade of his undesirable discharge to an honorable discharge. At the time of the applicant's separation, an Undesirable Discharge Certificate would normally be given to a member who was discharged for the good of the service. 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 | 20100012659
He was subsequently discharged on 6 December 2005 under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 10, in lieu of trial by court-martial. The regulation states the reason for discharge based on separation code "KFS" is "in lieu of trial by court-martial" and the regulatory authority is Army Regulation 635-200, chapter 10. The applicant's RE code was administratively correct and in conformance with applicable...
ARMY | BCMR | CY2010 | 20100012662
The applicant provides a copy of a DA Form 4833 (Commander's Report of Disciplinary or Administrative Action), dated 15 May 2006, and copies of a DA Form 3975 (Military Police Report) and a DA Form 3975-1 (Military Police Report - Additional Offenses), dated 22 December 2004, in support of his request. However, he provided the following documents: a. DA Form 3975 and DA Form 3975-1, dated 22 December 2004, showing an investigation revealed he departed his unit on 12 December 2004 in an AWOL...
ARMY | BCMR | CY2010 | 20100012664
Therefore, it should be corrected on his DD Form 214 and remaining military records. Item 15 (DOB) of the applicant's DD Form 4 (Enlistment Record Armed Forces of the United States) shows the entry "8 March 1937." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his 31 December 1978 DD Form 214, item 4, and all military records to show his DOB as "37 03 09."
ARMY | BCMR | CY2010 | 20100012665
BOARD DATE: 27 April 2010 DOCKET NUMBER: AR20100012665 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his date of rank (DOR) and effective date of promotion as a first lieutenant (1LT) from 4 May 2009 to 2 December 2008. The evidence of record shows the applicant was appointed as a 2LT on 2 May 2007.
ARMY | BCMR | CY2010 | 20100012682
Application for correction of military records (with supporting documents provided, if any). This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. The applicant was recommended for discharge under the provisions of Army Regulations 635-200 (Personnel Separations), chapter 13, for unfitness ...
ARMY | BCMR | CY2010 | 20100012685
On 21 May 1981, the separation authority approved the applicant's request for discharge and directed that he receive an under other than honorable conditions discharge and the applicant was discharged accordingly. The applicant's request that his discharge should be upgraded was carefully considered and it was determined there is insufficient evidence to support this request. Although the applicant contends he was falsely recruited into the Army based on his educational level, his records...
ARMY | BCMR | CY2010 | 20100012687
IN THE CASE OF: BOARD DATE: 4 November 2010 DOCKET NUMBER: AR20100012687 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. On 22 January 1971, the General Court-Martial Convening Authority (GCMCA) approved the sentence and forwarded the record of trial to The Judge Advocate General of the Army for review by the Court of Military Review. The conviction and discharge were effected in accordance with applicable laws and regulations and the discharge appropriately characterizes the misconduct...
ARMY | BCMR | CY2010 | 20100012690
On 1 August 1990, at Wurzburg, Germany, he was notified by his commander that discharge action was being initiated against him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 14-12c, for the serious offenses of use of marijuana and violation of a lawful general regulation. The DD Form 214 he was issued confirms he was discharged under the provisions of Army Regulation 635-200, chapter 14-12c, by reason of misconduct - commission of a...
ARMY | BCMR | CY2010 | 20100012693
Application for correction of military records (with supporting documents provided, if any). On 4 October 1985, the applicants commander recommended separation from the service under the provisions of Army Regulation 635-200, Chapter 14, for misconduct due to drug abuse based on positive urinalysis. The available evidence clearly shows that the applicant tested positive for marijuana use.
ARMY | BCMR | CY2010 | 20100012694
The record shows a hearing was held on 28 January 1970 pursuant to Army Regulation 635-20 (Personnel Separations - Conscientious Objection). Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. 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...
ARMY | BCMR | CY2010 | 20100012697
IN THE CASE OF: BOARD DATE: 23 November 2010 DOCKET NUMBER: AR20100012697 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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. At the time of his offenses the applicant was 29 years of age.
ARMY | BCMR | CY2010 | 20100012698
The applicant's military service records are not available to the Board for review. Considering all the evidence and information presented by the applicant together with the available evidence of record, applicable law, and regulations, it is concluded that the documents provided by the applicant are insufficient evidence to warrant a change to his military service records and separation document. In this regard, the evidence of record indicates the applicant's military service records...
ARMY | BCMR | CY2010 | 20100012699
The applicant requests that his discharge under other than honorable conditions be upgraded to a general discharge or honorable discharge. The applicant was discharged accordingly on 21 May 1992. He stated in his application he was AWOL for a year.
ARMY | BCMR | CY2010 | 20100012700
On 7 December 1971, the separation authority approved the applicant's request for discharge and directed that he be issued an Undesirable Discharge Certificate. When authorized, it is issued to a Soldier whose military record is satisfactory but 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 | 20100012701
Application for correction of military records (with supporting documents provided, if any). Accordingly, on 1 June 1981, the applicant was discharged under other than honorable conditions under the provisions of Army Regulation 635-200, chapter 14, for misconduct, due to frequent involvement in incidents of a discreditable nature with civil or military authorities. The available evidence does not show the applicant ever applied to the Army Discharge Review Board for an upgrade of his...
ARMY | BCMR | CY2010 | 20100012702
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests an upgrade of his discharge. 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 | 20100012703
The applicant requests, in effect, correction of her records to show she is eligible for Student Loan Repayment Program (SLRP) benefits. She further states, in effect, that a corrected Selected Reserve Incentive Program (SRIP) list for the same year showed her military occupational specialty (MOS) was not listed for the SLRP at the time she reenlisted. The evidence of record shows that the applicant reenlisted in the U.S. Army Reserve for an indefinite period of service of not less than 6...
ARMY | BCMR | CY2010 | 20100012704
The evidence of records shows prior to his enlistment, he listed an SSN that contained the number "2" in the second digit. Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, was correct at the time and there is an insufficient evidentiary basis for changing his military service records at this time. _______ _ X _______ ___ CHAIRPERSON I certify that herein is recorded...
ARMY | BCMR | CY2010 | 20100012720
A Department of Defense (DD) Form 4 (Enlistment Record - United States Army) shows the applicant enlisted in the Regular Army (RA), at Manchester, NH for a period of three (3) years on 4 January 1951: a. The evidence of records shows: a. There is no evidence of record, and the applicant provides insufficient evidence, to show the Army committed fraud and failed to credit him with 6 years of military service.
ARMY | BCMR | CY2010 | 20100012721
f. A DD Form 256A (Honorable Discharge Certificate) shows the applicant was honorably discharged from the U.S. Army on 4 April 1989. g. A DD Form 2A (Armed Forces Identification Card), issued on 15 February 1991, shows the applicant's grade as SSG/E-6. It is noted that the applicant's period of honorable service from 4 June 1980 through 27 November 1989 is documented on the applicant's DD Form 214. c. The Armed Forces Identification Card the applicant provides was issued on 15 February 1991...
ARMY | BCMR | CY2010 | 20100012723
On 6 June 1961, the separation authority approved the applicant's discharge under the provisions of Army Regulation 635-209 for unsuitability and directed that a DD Form 257A (General Discharge Certificate) be issued. Army Regulation 635-209 was superseded subsequent to the applicant's discharge from the Army and, thereafter, the type of discharge and the character of service were to be determined solely by the individual's military record during the current enlistment. Therefore, as a...
ARMY | BCMR | CY2010 | 20100012724
The applicant requests correction of his records to show he changed his Survivor Benefit Plan (SBP) coverage to former spouse coverage. 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 evidence of record shows the applicant elected to participate in the RCSBP for spouse and children...
ARMY | BCMR | CY2010 | 20100012727
On 2 May 1989, the applicants commander initiated elimination action on the applicant under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 14, for misconduct. The applicant's records show that he received two Article 15's and he had several general counselings. Based on these facts, the applicant's service clearly did not meet the standards of acceptable conduct and performance of duty for Army personnel, which are required for issuance of...
ARMY | BCMR | CY2010 | 20100012729
Army Regulation 600-8-22 (Military Awards) states that 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. There is no evidence in the available record, nor has the applicant submitted any evidence, to show that he was awarded the Army Achievement Medal Therefore, this award should not be included on his DD Form 214. As a result, the Board recommends that all...
ARMY | BCMR | CY2010 | 20100012731
Army Regulation 15-185 (ABCMR) states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The available evidence shows the applicant was considered AWOL for 13 days prior to 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 | 20100012733
The applicant requests, in effect, correction to his DD Form 214 (Armed Forces of the United States Record of Transfer or Discharge) to show award of the Army Commendation Medal. There are no orders in his records awarding him the Army Commendation Medal. No evidence was found either in his service personnel record or in the ADCARS data base to support award of the Army Commendation Medal.
ARMY | BCMR | CY2010 | 20100012734
He states he was wounded in March 1969 while serving in the Republic of Vietnam. He also provides a 2-page statement rendered by a fellow veteran who was his acquaintance in the Republic of Vietnam. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have been treated by medical personnel, and the medical treatment must have been made a matter of official records.
ARMY | BCMR | CY2010 | 20100012737
Application for correction of military records (with supporting documents provided, if any). These documents show his last name as "Fxxd." The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct last name, will be filed in his Official Military Personnel File (OMPF).
ARMY | BCMR | CY2010 | 20100012738
On 15 August 1988, the applicants commander initiated elimination action on the applicant under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 14, for misconduct. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. 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 | 20100012739
The DD Form 214 he was issued shows that he had 4 months and 12 days of active service and his character of service was "Uncharacterized." While the applicant undoubtedly served his IADT honorably, Army regulations mandate that if a Soldier is an entry-level status then his or her service will be uncharacterized. _______ _ 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 | 20100012744
Application for correction of military records (with supporting documents provided, if any). Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. However, evidence shows his criminal conviction was considered prior to his induction by an approving authority.