ARMY | BCMR | CY2010 | 20100001077
He also states Army Regulation 27-10 (Military Justice) governs Article 15's and that a commander has the authority promote and reduce. Clearly the provisions of the Army Regulation 600-8-19 under which he was promoted and which was cited as the reference in USAREC Pamphlet 600-14 permitted reduction from the grade of E-6. In this case, because there is a conflict between USAREC Pamphlet 600-14, which states that reduction for misconduct under Article 15, UCMJ, is not authorized for USAR...
ARMY | BCMR | CY2010 | 20100001079
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 Combat Infantryman Badge (CIB). By regulation, in order to support award of the CIB, in addition to evidence that a member served in an infantry MOS or as a radio operator accompanying infantry or infantry-type units on tactical operations while assigned to...
ARMY | BCMR | CY2010 | 20100001081
The applicant requests award of the Silver Star and to have his records corrected to show award of the Bronze Star Medal and all awards and decorations authorized for his service in the Republic of Vietnam. 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. awarding him the Army Good Conduct Medal (1st Award) for the period 10 October 1967 through 2...
ARMY | BCMR | CY2010 | 20100001095
The applicant requests that his discharge be upgraded from general under honorable conditions to an honorable discharge. There is no evidence in the available records and the applicant has not provided evidence that shows he was told he would receive 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 | 20100001097
The applicant requests that his bad conduct discharge be changed to an uncharacterized discharge. Accordingly, the applicant was discharged on 28 August 2009, under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 3, by reason of court-martial with a bad conduct discharge. The applicant's request that his discharge be changed to an uncharacterized discharge has been carefully reviewed.
ARMY | BCMR | CY2010 | 20100001105
The applicant requests, in effect, an upgrade of his dishonorable discharge (DD). It states a Soldier will be given a DD pursuant only to an approved sentence of a GCM, and that the appellate process must be completed and affirmed before the DD portion of the sentence is ordered duly executed. The applicant's contentions that his discharge should be upgraded because he did not commit the violations for which he was court-martialed, instead another individual committed the violations, were...
ARMY | BCMR | CY2010 | 20100001109
The applicant states that she was arbitrarily stripped of 1 year time in grade as a 1LT when she branch transferred from the Military Intelligence (MI) Branch to the Judge Advocate General Corps (JAGC) and was thus denied her promotion to the rank of CPT with the officers she was commissioned with. She completed her MI officer basic course in 2006 and was promoted to the rank of 1LT on 27 May 2007. The applicant had 4 years of commissioned service at the time she accepted appointment as a...
ARMY | BCMR | CY2010 | 20100001112
On 18 April 2008, the applicant signed an Officer Affiliation Bonus Written Agreement in which he agreed to serve in the United States Army Reserve (USAR) Selected Reserve Incentive Program in AOC 35D (Military Intelligence) for a period of 3 years in return for a $10,000 affiliation bonus. In the processing of this case a staff advisory opinion was requested from the Office of the Deputy Chief of Staff, G-1 which opines that the AOC (35D) for which the applicant contracted was not on the...
ARMY | BCMR | CY2010 | 20100001118
Paragraph 5 of his DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) states that if the cadet were disenrolled from the ROTC program for any reason, the Secretary of the Army could order the cadet to active duty as an enlisted Soldier for a period of not more than four years or, in lieu of being ordered to active duty, could order the cadet to reimburse the United States through repayment of an amount of money, plus interest, equal to the entire amount of financial assistance paid...
ARMY | BCMR | CY2010 | 20100001119
This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants 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. Conviction and discharge were affected in accordance with applicable laws and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted. The applicant's entire military record was taken...
ARMY | BCMR | CY2010 | 20100001122
His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged on 30 January 2002 under the provisions of chapter 10 of Army Regulation 635-200 in lieu of trial by court-martial with an under other than honorable conditions discharge. Army Regulation 635-5-1 (SPD Codes), in effect at the time of the applicant's separation, provided the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be...
ARMY | BCMR | CY2010 | 20100001127
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) by upgrading his character of service from "under other than honorable conditions" to "honorable." A copy of his DA Form 2-1 (Personnel Qualification Record Part II) shows in item 35 (Record of Assignments) that he reported for basic combat training (BCT) at Fort Jackson, South Carolina on 2 April 1991.
ARMY | BCMR | CY2010 | 20100001132
The applicant states: a. she received unauthorized non-judicial punishment (NJP) on 25 January and 18 June 2008, for violating a no contact order, for which she subsequently completed all punishments minus the suspended forfeitures; b. her new battalion commander discovered the former commander, who imposed the NJP actions in question, did not have the authority to administer NJP because he did not have a valid assumption of command order for the battalion; c. in December 2008, her...
ARMY | BCMR | CY2010 | 20100001144
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Kuwait. Item 12f (Foreign Service) of his DD Form 214 contains the entry, "0000 00 00."
ARMY | BCMR | CY2010 | 20100001152
On 30 November 2006, a medical evaluation board (MEB) convened at Guthrie Army Community Hospital and after consideration of clinical records, laboratory findings, and physical examinations, the MEB found the applicant was diagnosed as having the medically-unacceptable condition of epilepsy and the medically-acceptable conditions of headaches and hypertension. The Army rates only conditions determined to be physically unfitting at the time of discharge which disqualify the Soldier from...
ARMY | BCMR | CY2010 | 20100001158
Application for correction of military records (with supporting documents provided, if any). The separation authority approved the applicant's discharge and on 29 July 1969 the applicant was separated accordingly with a UD. The separation authority could authorize a general discharge (GD) or honorable discharge (HD) if warranted by the member's record of service; however, when separation for unfitness was warranted, a UD was normally considered appropriate.
ARMY | BCMR | CY2010 | 20100001167
Application for correction of military records (with supporting documents provided, if any). The applicant requests the following corrections on his DD Form 214 (Certificate of Release or Discharge from Active Duty): * First three digits of his social security number (SSN) changed from 232 to 233 * Date he entered active duty changed from 3 April 1979 to 3 April 1978 2. Therefore, there is insufficient evidence on which to correct the applicant's DD Form 214 to show he entered active duty...
ARMY | BCMR | CY2010 | 20100001171
The applicant requests removal of a duplicate order awarding him the Army Achievement Medal from his official military personnel file (OMPF). The applicant states his unit's awards clerk processed the first award and issued Permanent Orders 53-1 by the Phoenix Recruiting Battalion on 23 February 2009 awarding him the Army Achievement Medal and placing it in his OMPF prior to him taking leave. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2010 | 20100001172
The applicant requests reconsideration of his earlier request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 30 November 2003 to show his service in Kuwait from 27 December 2003 to 19 March 2003; his service in Iraq from 19 March 2003 to 20 June 2003; and award of the Global War on Terrorism Expeditionary Medal and the Iraq Campaign Medal. On 14 January 2006, he was issued a DD Form 215 that corrected his DD Form 214 as...
ARMY | BCMR | CY2010 | 20100001178
There are no orders in the applicant's records that show he was awarded the Combat Medical Badge. Army Regulation 600-8-22 (Military Awards) provides that the Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental, or smaller size which is engaged in active ground combat. By regulation, in order to support award of the Combat...
ARMY | BCMR | CY2010 | 20100001181
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the appropriate level of the Noncommissioned Officer Professional Development Ribbon (NCOPDR). Army Regulation 600-8-22 (Military Awards) provides the NCOPDR was established by the Secretary of the Army on 10 April 1981. The applicant completed various levels of NCO professional development between 1967 and 1976 which qualified him for the NCOPDR, including: * the...
ARMY | BCMR | CY2010 | 20100001184
The applicant states that his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), item 31 (Military Qualification and Date) should read "Combat Infantryman Badge" not "Expert Infantry Badge." The applicant contends he was awarded the Combat Infantryman Badge during World War II and that the Expert Infantryman Badge reflected on his WD AGO Form 53-55 was a typographical error. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2010 | 20100001188
The OER provided by the applicant is new evidence that requires Board consideration. The applicant contends that his service in the Republic of Vietnam should qualify him for award of the Combat Infantryman Badge. The exigencies of combat may require non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers are taught, but it is not a basis for the award of the Combat Infantryman Badge.
ARMY | BCMR | CY2010 | 20100001195
Application for correction of military records (with supporting documents provided, if any). The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. He is entitled to award of the Kosovo Campaign Medal with one bronze service star and correction of his DD Form 214 to show this medal; and c. served on active duty from 1 May 1987 to 30 June 2003.
ARMY | BCMR | CY2010 | 20100001196
The applicant states: * one of the primary reasons he decided to enter the military was to complete his high school education and having been given that opportunity he is forever grateful * for 30 years he has been providing perspective employers with a copy of his DD Form 214 and he was not aware of the oversight/discrepancy * he never received his high school transcripts from Big Bend Community College until after 28 December 1983 and he did not receive his high school diploma until 3...
ARMY | BCMR | CY2010 | 20100001198
The applicant states he feels his RE code is unjust because he needed to leave. Army Regulation 635-200 states, in pertinent part, that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge. The "KFS" SPD code is the correct code for Soldiers separating under chapter 10 of Army Regulation 635-200.
ARMY | BCMR | CY2010 | 20100001202
The applicant requests amendment of his unit's deployment orders and payment of retroactive entitlements associated with Involuntary Assignment Incentive Pay (AIP). Orders 020-301, dated 20 January 2004, deployed the applicant's unit and its members to the CENTCOM AOR in Iraq in support of OIF for a period of 356 days with possible extension not to exceed 540 days. Therefore, he was entitled to Involuntary AIP for the period he was in theater in excess of 365 days.
ARMY | BCMR | CY2010 | 20100001204
Therefore, he is entitled to award of the Army Good Conduct Medal (first award) for the period 12 June 1968 through 29 March 1971 and its addition 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: a. awarding him the Army Good Conduct Medal (first award) for the period 12 June 1968 through 29 March 1971; b. adding to item 24 of his DD Form 214 for the period ending 29 March 1971 the Army Good Conduct...
ARMY | BCMR | CY2010 | 20100001213
The applicant's WD AGO Form 24A, section 8 (Wounds Received through Enemy Action) contains no entry, and section 21 (Medals, Decorations, and Citations) does not show award of the Purple Heart. The applicant's complete service medical records are not available for review. The evidence of record shows the applicant was hospitalized on 5 August 1950, approximately 2 weeks after the action in which he states he was injured.
ARMY | BCMR | CY2010 | 20100001219
The applicant requests that the characterization of service on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from "uncharacterized" to "honorable." The applicant states he was released from active duty in September 1995 with an uncharacterized service and he was honorably discharged from the U.S. Army Reserve (USAR) in November 2001. The DD Form 214 he was issued shows he was release from ADT under the provisions of chapter 4 of Army Regulation 635-200...
ARMY | BCMR | CY2010 | 20100001220
The applicant states that he served with Company B, 123rd Combat Support (CS) Battalion, and the unit was deployed in support of Operation Desert Storm. There is no evidence in the applicant's military records that shows he was deployed in support of Operation Desert Storm. Therefore, there is insufficient evidence to support his claim that he participated in support of Operation Desert Storm.
ARMY | BCMR | CY2010 | 20100001225
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 Army Good Conduct Medal and two awards of the Presidential Unit Citation. Therefore, his DD Form 214 should be corrected to show these unit awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the first award of the Army Good Conduct Medal for the period 13...
ARMY | BCMR | CY2010 | 20100001226
For service involving the foregoing period, a DD Form 215 (Correction to DD Form 214) was prepared correcting the DD Form 214 issued at the time of the next separation to show all military service not previously covered by the DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding to item 18 of his DD Form 214 for the period ending 31 May 1955 the following entry: * Enlisted 7 February 1951 for three (3)...
ARMY | BCMR | CY2010 | 20100001233
Application for correction of military records (with supporting documents provided, if any). 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. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in...
ARMY | BCMR | CY2010 | 20100001237
Application for correction of military records (with supporting documents provided, if any). A DA Form 4187 shows, on 1 June 1999, the applicant requested transfer to the USAR Control Group (Retired) [a term used interchangeably with "Retired Reserve"] upon reaching his mandatory removal date (MRD) on 30 September 1999. Had his REFRAD been processed correctly, he would not have been in an active status when the results of the 1999 colonel selection board were approved on 9 November 1999...
ARMY | BCMR | CY2010 | 20100001238
The promotion list shows the applicants promotion military occupational specialty (MOS) as 17E4O with 520.0 promotion points. The applicant has failed to show through the evidence submitted with his application and the evidence of record that he ever equaled or exceeded the DA announced promotion cut-off score for his MOS or that he was promoted to the grade of E-5 prior to his release from active duty. Therefore, in the absence of evidence showing he was promoted to E-5, it must be...
ARMY | BCMR | CY2010 | 20100001241
On 3 June 1980, the separation authority approved the applicant's request for discharge and directed that he be discharged under the provisions of Army Regulation 635-200, chapter 10, with a discharge UOTHC. Although an HD or a general discharge (GD) is authorized, at the time of the applicant's separation, the regulation provided for the issuance of a discharge UOTHC. All requirements of law and regulation were met and the applicant's rights were fully protected throughout the separation...
ARMY | BCMR | CY2010 | 20100001247
The applicant requests, in effect, correction to Item 10 (Date of Birth) and Item 28 (Most Significant Duty Assignment) on his DD Form 214 (Report of Separation from the Armed Forces of the United States). The available evidence is not sufficient to show that an error exists and the applicant failed to provide sufficient evidence to support the change of his birth date on his DD Form 214. The available evidence shows this unit was his most significant duty assignment (i.e., for enlisted...
ARMY | BCMR | CY2010 | 20100001249
The applicant requests that item 12a (Date Entered Active Duty This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), effective 31 December 1995, be corrected to show 7 June 1974. The applicant provides the following in support of his application: * DA Form 2-1 (Personnel Qualification Record- Part II), prepared on 1 November 1994 * DD Form 4 (Enlistment Contract- Armed Forces of the United States), dated 7 June 1974 * Retirement Application * DD Forms 214,...
ARMY | BCMR | CY2010 | 20100001250
There is no evidence in the available record which shows the applicant was either recommended for or awarded the CIB. Although the evidence of record shows the applicant served in an infantry MOS while assigned to an infantry unit during his tour of duty in the Republic of Korea, his record is void of any evidence that shows he was personally present and participated with the unit while it was engaged in active ground combat with enemy forces. _______ _ _x______ ___ CHAIRPERSON I certify...
ARMY | BCMR | CY2010 | 20100001251
Application for correction of military records (with supporting documents provided, if any). The record also contains various documents showing the applicant was apprehended and returned to military control at Fort Knox and was processed for separation under the provisions of chapter 10, Army Regulation 635-200, for the good of the service in lieu of trial by court-martial. An under other than honorable conditions (UOTHC) discharge normally is appropriate for a Soldier who is discharged in...
ARMY | BCMR | CY2010 | 20100001252
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. However, there is insufficient evidence to support granting the requested relief. 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 | 20100001256
Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. Therefore, having served a qualifying period, he is entitled to award of the Army Good Conduct Medal (First Award) and correction of his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2010 | 20100001259
The applicant requests, in four separate applications, correction of his DD Form 214 (Certificate or Release or Discharge from Active Duty) to add the Air Assault Badge, Special Forces Tab, retroactive award of the Noncommissioned Officer Professional Development Ribbon, and reissue of the Republic of Vietnam Cross of Gallantry with Palm. The applicant's original award of the Vietnam Cross of Gallantry with Palm was issued as a unit award and is shown on his DD Form 214, dated 13 August...
ARMY | BCMR | CY2010 | 20100001263
On 10 July 1978, he was counseled by his unit commander and indicated that he desired a discharge. On 25 July 1978, his immediate commander advised him that he intended to recommend that he be discharged from the Army under the provisions of paragraph 5-33 (Trainee Discharge Program (TDP)) of Army Regulation 635-200 (Personnel Separations) by reason of inability to adapt socially or emotionally to military life. At the time he was ordered discharged, the applicant was a member of the U.S....
ARMY | BCMR | CY2010 | 20100001418
The applicant's commander recommended that the applicant be separated from the Army due to AWOL in excess of 1 year under the provisions of Army Regulation 635-206 (Personnel Separations - Discharge - Misconduct). On 15 July 1980, the Army Discharge Review Board denied the applicant's request for an upgrade of his discharge. The applicant implies that his undesirable discharge should be upgraded based on the first entry in item 30 of his DD Form 214.
ARMY | BCMR | CY2010 | 20100004485
The DD Form 214 (Report of Separation from Active Duty) he was issued shows he 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 with a character of service of under other than honorable conditions and issuance of an Undesirable Discharge Certificate. On 9 January 1991, the Army Board for Correction of Military Records denied his petition for an upgrade because he had not submitted his application...
ARMY | BCMR | CY2010 | 20100005019
Application for correction of military records (with supporting documents provided, if any). His DD Form 47 (Record of Induction) listed his Service Number; it did not list his SSN. Therefore, it would be appropriate at this time to correct his DD Form 214 to show his SSN as "xxx-x6-xxxx."
ARMY | BCMR | CY2010 | 20100006865
The applicant, the widow of a deceased former service member (FSM), requests, in effect, the FSM's military records be corrected to show she applied for the Survivor Benefit Plan (SBP) annuity in a timely manner. The applicant states: * In January 2009 she applied for the SBP annuity * She and the FSM were married on 16 August 1959 and were still married when he died on 13 March 2002 * She was told by an official from the Defense Finance and Accounting Service her application was denied...
ARMY | BCMR | CY2010 | 20100006867
The only record available to this Board is the FSM'S WD AGO Form 53-55 provided by the applicant. As a result, the Board recommends that all Department of the Army records of the FSM be corrected by awarding him the Purple Heart and the Bronze Star Medal. In addition, the Board recommends that item 33 of the FSM's WD AGO Form 53-55 be amended to show he was awarded or is authorized the: * Bronze Star Medal * Purple Heart * Army of Occupation Medal with Germany Clasp *...