ARMY | BCMR | CY2010 | 20100012746
The applicant requests, in effect, upgrade of his under other than honorable conditions (UOTHC) discharge to a general discharge (GD). Army Regulation 635-200, paragraph 3-7b, states a GD is a separation from the Army under honorable conditions. The evidence of record does not support the applicant's request for upgrade of his UOTHC discharge to a GD.
ARMY | BCMR | CY2010 | 20100012750
On 27 March 1984, the applicant's immediate commander notified him of his intention to initiate separation action against him in accordance with paragraph 14-12(c) of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), for misconduct for minor disciplinary infractions and conduct prejudicial to good order and discipline. He later requested a board only if he was to receive a discharge under other than honorable conditions. The applicant's contention that his discharge...
ARMY | BCMR | CY2010 | 20100012753
The evidence of record shows the applicant was wounded twice in his abdomen on 16 January 1969 in Vietnam as evidenced by his award of the Bronze Star Medal with "V" Device and the listing of his name on the Vietnam casualty roster. 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 the applicant the Purple Heart for wounds...
ARMY | BCMR | CY2010 | 20100012760
Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060015256, on 26 April 2007. The available evidence shows the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) on three occasions during the period 16 June 1971 to 7 September 1972 for being absent without...
ARMY | BCMR | CY2010 | 20100012761
Section III of this annex states he would receive the first payment of this bonus at the rate of 50 percent upon completion of initial active duty for training (IADT) and award of the MOS for which enlisted and he would receive a second and final payment of the remainder of the bonus on the 36th month of his enlistment anniversary. The evidence of record shows the applicant enlisted under the AF program while a junior in high school which he was not authorized to do under this program. As...
ARMY | BCMR | CY2010 | 20100012762
His records are void of evidence and he has not provided any orders or other documents that show he was recommended for or awarded the Bronze Star Medal by proper authority while serving on active duty. It indicates that the NDSM was authorized for any period of honorable active duty service completed between 27 July 1950 and 27 July 1954 and between 1 January 1961 and 14 August 1974. b. Paragraph 3-14 of the awards regulation contains guidance on award of the BSM and states, in pertinent...
ARMY | BCMR | CY2010 | 20100012764
The letter also advised her that she must notify the USAR Personnel Command, using DD Form 1883 (SBP Election Certificate), of her decision within 90 days of the date of the letter. Public Law 106-398, dated 30 October 2000, required Reserve and Guard members, who had completed their service obligation, considered entitled for retired pay, but who are not yet age 60, to obtain their spouse's concurrence in RCSBP elections that do not provide maximum spouse coverage (immediate option). As a...
ARMY | BCMR | CY2010 | 20100012766
On 9 October 1992, the applicant was discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 3, by reason of as a result of court-martial, other. Rather, it is only empowered to change the severity of the sentence imposed in the court-martial process and then only if clemency is determined to be appropriate. The evidence of record shows the applicant was convicted by an SPCM and he received a bad conduct discharge.
ARMY | BCMR | CY2010 | 20100012769
The applicant states: * Original appointment to second lieutenant was 1 March 2005 * The 6-month temporary Federal recognition expired before the Secretary of Defense signed the appointment scroll * He was reappointed by a subsequent Federal Recognition Board on 28 July 2009 * He did get promoted to first lieutenant without his initial permanent Federal recognition but was notified that he needed his initial permanent Federal recognition before he could be promoted to captain * Since his DOR...
ARMY | BCMR | CY2010 | 20100012770
The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged with a BCD under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 3-11, as a result of court-martial. As a result, the board voted to deny his request for an upgrade. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2010 | 20100012774
The legal review found the evidence insufficient to support the upgrade of his discharge. The new medical evidence shows he received treatment between 24 April 2009 and 9 November 2009 with his chief complaint recorded as electrocution. He contends the electrocution he suffered on active duty caused his personality to change; however, available medical records provided by the applicant and found in his service record fail to support this contention.
ARMY | BCMR | CY2010 | 20100012775
IN THE CASE OF: BOARD DATE: 23 September 2010 DOCKET NUMBER: AR20100012775 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Based on his overall record his service does not meet the standards of acceptable conduct and performance of duty for Army personnel. He continued to serve on active duty from the date he was released from the hospital (29 November 1979) to the date he was discharged from the Army (6 October 1980) coupled with the fact that he was never issued a permanent physical...
ARMY | BCMR | CY2010 | 20100012777
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. There is no evidence to show that he was awarded the OSR for those tours. However, the applicant provided sufficient evidence to substantiate his claim that he is entitled to award of the OSR.
ARMY | BCMR | CY2010 | 20100012779
The applicant states he was discharged from the Army with a 0-percent disability rating. The applicant states he was discharged from the Army with a 0-percent disability rating. The applicant has not provided and the record does not contain any evidence of if, when, or for what condition or conditions he may have been awarded a 30-percent disability rating under the VA's regulations.
ARMY | BCMR | CY2010 | 20100012781
On 29 July 2009, the applicant's commander notified him he was initiating action to discharge him under the provisions of chapter 9 of Army Regulation 635-200 for alcohol rehabilitation failure. The appropriate authority approved the recommendation for discharge of the applicant under the provisions of chapter 9 of Army Regulation 635-200 and directed that he be furnished an General Discharge Certificate. Pertinent Army regulations state that prior to discharge or release from active duty,...
ARMY | BCMR | CY2010 | 20100012783
The applicant requests upgrade of his general discharge to an honorable discharge. The applicant's record is void of the facts and circumstances that led his chain of command to recommend his separation under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), paragraph 14-12c, for misconduct. While the applicant's medical records were not available for review, there is no evidence to show the applicant's misconduct was due...
ARMY | BCMR | CY2010 | 20100012784
His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information: * Item 38 (Record of Assignments) shows his conduct and efficiency ratings as "excellent" throughout his period of service * Item 40 (Wounds) is blank * Item 41 (Awards and Decorations) does not show he was awarded the Purple Heart. There are no orders in the applicant's military personnel records awarding him the Purple Heart. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2010 | 20100012787
The applicant states he was assigned duties as a Drill Sergeant on 29 July 1969; thus, he was a SGT from that date to his date of discharge on 17 December 1969. Item 5a (Grade, Rate or Rank) of the applicant's DD Form 214 shows the rank of SP4 (T) and item 5b (Pay Grade) shows the pay grade of E-4. There are no orders in the applicant's records that show he was promoted to the rank of SGT.
ARMY | BCMR | CY2010 | 20100012795
The applicant's military records are not available to the Board for review. In the absence of documentary evidence that shows he was wounded or injured as a result of hostile action and treated for those wounds, regrettably, there is insufficient evidence upon which to base award of the Purple Heart. ____________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 | 20100012796
On 4 March 1983, the applicant consulted with legal counsel and he voluntarily requested a discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, for the good of the service - in lieu of trial by court-martial. On 14 March 1983, the separation authority approved the applicant's request for discharge under the provisions of Army Regulation 635-200, chapter 10, and directed the issuance of an Under Other Than Honorable Conditions...
ARMY | BCMR | CY2010 | 20100012797
Counsel states the following: * There is ample evidence to confirm implied bias * Three individuals, CH COL N-----, CH Lieutenant Colonel (LTC) M-----, and CH LTC L-----, have come forward disclosing instances of bias against the applicant by CH COL C------ * Two components of "implied bias" include circumstantial evidence and the public perception of a promotion process * CH LTC M----- had a prior encounter with CH COL C------ and the other two did not * Witness statements demonstrate that...
ARMY | BCMR | CY2010 | 20100012803
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to include her two periods of foreign service in Kuwait. The evidence confirms she received HF/IDP and CZTE for the periods 4 July through 25 August 1994 and 17 October through 3 December 1994, respectively. 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 for the period...
ARMY | BCMR | CY2010 | 20100012811
The applicant requests his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of a second Bronze Star Medal. The applicant provided as supporting evidence general orders, award certificates, and award citations which awarded him two Bronze Star Medals which were found in his military personnel file and previously discussed. The evidence of record shows he was awarded two Bronze Star Medals through the publication and announcement in...
ARMY | BCMR | CY2010 | 20100012812
Orders show the applicant received the Bronze Star Medal for meritorious service for the period July 1968 to July 1969. Therefore, there is insufficient evidence on which to base adding a second award of the Bronze Star Medal 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 the Army Good Conduct Medal, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation,...
ARMY | BCMR | CY2010 | 20100012814
The applicant requests award of the Combat Infantryman Badge (CIB) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the CIB and the Bronze Star Medal (BSM). The applicants military records show he enlisted in the Regular Army on 31 December 1968 for a period of 2 years. Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through...
ARMY | BCMR | CY2010 | 20100012816
Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. Evidence of record shows he was honorably discharged for...
ARMY | BCMR | CY2010 | 20100012817
The applicant requests correction of his records to show the Republic of Korea War Service Medal, Army Good Conduct Medal, Presidential Unit Citation, and the Republic of Korea Presidential Unit Citation based on his service with the 2nd Infantry Division. The applicant's military records are not available to the Board for review. The applicant's DD Form 214 indicates that: a. he enlisted in the Regular Army on 11 May 1951 for three years; b. he served 1 year, 2 months, and 4 days of...
ARMY | BCMR | CY2010 | 20100012820
Application for correction of military records (with supporting documents provided, if any). The applicant states he provided the following documents in support of his application: * DA Form 4187 dated 4 March 2002 (not provided) * DA Form 4187 dated 28 March 2002 (not provided) * DD Form 553 dated 30 April 2002 * DD Form 616 dated 17 March 2003 * DA Form 4187 dated 18 March 2003 CONSIDERATION OF EVIDENCE: 1. In this case, the documents in question documenting time lost on the part of the...
ARMY | BCMR | CY2010 | 20100012822
On 23 July 2009, the Army Discharge Review Board (ADRB) determined he was properly and equitably discharged and denied his request for a change in the character and/or reason for his discharge. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2010 | 20100012825
The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued confirms he was discharged under the provisions of Army Regulation 635-200, paragraph 14-33b, by reason of misconduct for frequent incidents of a discreditable nature with civil or military authorities. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. Records show he was almost 19 years of age at the time of his first offense.
ARMY | BCMR | CY2010 | 20100012826
Application for correction of military records (with supporting documents provided, if any). It specifically states that for Reserve Component Soldiers who are separated for other than cause, an entry of "NA" is to be entered in block 27 (Reentry Code) of the DD Form 214. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust.
ARMY | BCMR | CY2010 | 20100012829
Application for correction of military records (with supporting documents provided, if any). A review of the available records fails to show 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 the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ARMY | BCMR | CY2010 | 20100012830
The commander's inquiry determined: * the applicant had fired on or ordered the firing on of several dogs where the military necessity for killing the animals was lacking * on or about 26 January 2008, he fired his 9-millimeter pistol at a discarded flak vest at Iraqi Police Station 5W when there was no reason to do so * on or about the last week in December 2007, the applicant ordered his gunner to fire at a suspected IED on Tampa instead of cordoning the area and calling the explosive...
ARMY | BCMR | CY2010 | 20100012837
On 1 October 1976, the applicant was notified of his pending separation under the provisions of Army Regulation 635-206 (Personnel Separations - Discharge - Misconduct) for conviction by a civil court. There is no evidence the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations. _____________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...
ARMY | BCMR | CY2010 | 20100012839
The applicant requests correction of his records to show his correct date of birth. The applicant's military records are not available for review. DISCUSSION AND CONCLUSIONS: The available evidence clearly shows the applicant's date of birth in item 10 of his WD AGO 53-55 was incorrectly entered as 20 May 1945.
ARMY | BCMR | CY2010 | 20100012840
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests an upgrade of his under other than honorable conditions discharge to a general discharge. On 30 October 1980, after consulting with counsel, the applicant voluntarily requested discharge for the good of the service under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations Enlisted Separations).
ARMY | BCMR | CY2010 | 20100012841
The applicant provides the following documents: * DD Form 214, dated 10 May 2007 * DD Form 214, dated 25 March 2010 * DA Form 638 (Recommendation for Award) showing award of the Army Commendation Medal * Orders awarding him the Combat Action Badge * Certificate awarding him the NATO Medal CONSIDERATION OF EVIDENCE: 1. The DD Form 214 he was issued for this period of service shows he completed 3 years and 2 months of creditable active military service. As a result, the Board recommends that...
ARMY | BCMR | CY2010 | 20100012844
On 11 October 1973, the appropriate authority waived rehabilitative reassignment, directed that the applicant be discharged under the provisions of Chapter 13 of Army Regulation 635-200, and that he be furnished an Undesirable Discharge Certificate. Army Regulation 635-200 provides that a general discharge is a separation from the Army under honorable conditions. The ABCMR does not correct records solely for the purpose of establishing eligibility for veteran's benefits.
ARMY | BCMR | CY2010 | 20100012845
In his request for discharge, he acknowledged he understood by requesting discharge if the discharge request was approved, he may be discharged under other than honorable conditions and be furnished an Under Other Than Honorable Conditions Discharge Certificate. On 28 August 1980, the separation authority approved his 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 Under...
ARMY | BCMR | CY2010 | 20100012846
The applicant requests an upgrade of his discharge under other than honorable conditions. Accordingly, the applicant was discharged on 20 May 1971. The DD Form 214 he was issued shows he was discharged for the good of the service in lieu of trial by court-martial with a character of service of under other than honorable conditions.
ARMY | BCMR | CY2010 | 20100012849
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. He was ordered to active duty on 26 October 2008 in the rank of SGT and he held the rank of SGT until he was released from active duty on 23 November 2009. His service record does not indicate he ever regained a promotable status or was promoted to SSG prior to his discharge from active duty on 23 November 2009.
ARMY | BCMR | CY2010 | 20100012852
He goes on to state that in those cases, the individuals masters degree did not decrease their residencies nor was it a prerequisite for completing their doctoral degrees. Credit for masters and doctorate degrees in a health profession other than medicine and dentistry, whether it is the primary degree or an advanced degree, shall be awarded based on an actual full-time equivalent education of up to 2 years for a masters degree and up to 4 years for a doctorate. Each case considered by...
ARMY | BCMR | CY2010 | 20100012853
However, her DD Form 214 shows she was discharged on 18 September 2009, under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 15-3b, for homosexual admission. The regulation provides 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 regulation shows that the SPD of JRB as shown on the applicant's DD Form 214 is appropriate for involuntary discharge when the...
ARMY | BCMR | CY2010 | 20100012855
IN THE CASE OF: BOARD DATE: 6 May 2010 DOCKET NUMBER: AR20100012855 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. On 26 April 2010, he submitted the following additional documentary evidence in support of his request: His ROTC Cadet Command Form 131-R (Cadet Action Request), dated 29 September 2004; Cadet Actions Printout, dated 17 February 2004; a copy of a previously-submitted DFAS letter, dated 7 April 2010; a memorandum, dated 12 February 2004, Subject: Investigation Notification; an...
ARMY | BCMR | CY2010 | 20100012858
The applicant provides: * copy of a 2-page letter addressed to Senator M____ W____ * DA Form 2823 (Sworn Statement) [applicant] * DA Form 2823 [Private First Class (PFC) Fa___] * DA Form 2823 [Sergeant (SGT) Fr___] * DA Form 2823 [Warrant Officer One (WO1) R____] * DD Form 200 (FLIPL) * DD Form 362 (Statement of Charges/Cash Collection Voucher) * Fort Hood (FH) Form 735-1 (Cash Sale Authorization Central Issue Facility (CIF)/Self-Service Supply Center (SSSC), OCIE/Hand Tools) * DA Form...
ARMY | BCMR | CY2010 | 20100012862
The applicant requests the DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)), dated 26 May 2008, be removed from his Official Military Personnel File (OMPF). In such cases, the record should be filed in the performance section. The imposing commander directed that the Article 15 be filed in the restricted section of the applicant's OMPF.
ARMY | BCMR | CY2010 | 20100012864
The applicant requests award of the Purple Heart for wounds he received in November or December of 1970. The only record available to the ABCMR was the DD Form 214 he provided. In the absence of military records which show the applicant was wounded as a result of hostile action, there is insufficient evidence upon which to base the award of the Purple Heart in this case.
ARMY | BCMR | CY2010 | 20100012865
The statement shows he earned a total of 99 creditable points for retirement. By regulation, the Board considers a case based on the evidence of record and independent evidence it is provided. The applicant stated he was completing a personal statement to show that retirement points were taken away from him in error or unjustly.
ARMY | BCMR | CY2010 | 20100012867
The applicants records were not available for review by the Board. Army Regulation 600-8-22 states the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. However, the evidence of record does show that he served in Korea during the Korean War and thus is entitled to be awarded the ROKWSM.
ARMY | BCMR | CY2010 | 20100012873
A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter. A Soldier separated for misconduct (all types) under the provisions of Army Regulation 635-200, chapter 14, with a character of discharge of general under honorable conditions is not entitled to MGIB benefits. He was notified by his commander of his intention to separate him from the Army under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct and...