ARMY | BCMR | CY2011 | 20110002238
BOARD DATE: 6 September 2011 DOCKET NUMBER: AR20110002238 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests upgrade of his undesirable discharge to a general discharge. Since the applicant's drug abuse and reaction to combat stressors were known at the time of his discharge, it must be presumed that these were taken into consideration when the applicant's request for discharge was approved.
ARMY | BCMR | CY2011 | 20110002251
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the Army Good Conduct Medal (AGCM), Aircraft Crewman Badge, and Air Medal (17th Award). He had completed 2 years, 5 months, and 5 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnamese Unit Citation, Air Medal (8th Award), Vietnam Campaign Medal, Army Commendation...
ARMY | BCMR | CY2011 | 20110002254
The applicants DA Form 2-1 (Personnel Qualification Record) prepared on 24 June 1986, upon his enlistment in the USAR, and last reviewed by the applicant on 13 January 1987, does not include a second award of the AGCM in Item 9 (Awards, Decorations & Campaigns). The evidence of record confirms the applicant was awarded the first award of the AGCM for his qualifying period of honorable active duty service from 30 January 1980 through 29 January 1983. Therefore, given his record is void of...
ARMY | BCMR | CY2011 | 20110002258
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. It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 1 June 1970 through 24 February 1972 based on completion of a period of qualifying service ending with the termination of a period of Federal...
ARMY | BCMR | CY2011 | 20110002259
The applicant's records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service, and he was promoted to sergeant. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Army Good Conduct Medal (1st Award) for the period of service from 14 September 1961 to 12 September 1964. In addition, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2011 | 20110002263
The applicant's DD Form 214 shows he was discharged on 27 June 1979 in accordance with Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial with service characterized as under other than honorable conditions. Chapter 10 provides that a member who committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial. ...
ARMY | BCMR | CY2011 | 20110002268
Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage (without the members agreement) in those cases where the retiree had elected spouse coverage at retirement or was still on active duty and had not yet made an SBP election. 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...
ARMY | BCMR | CY2011 | 20110002270
The applicant states he was placed in the Retired Reserve with 19 years and 6 months of active duty service, but was told he had enough time for an active duty retirement. The second COA would be to authorize the VAARNG to reinstate the Soldier until he reaches 20 years of active service, at which time the VAARNG would retire the Soldier at the end of the 6-month period with back pay for 6 months. As a result, the Board recommends that all Department of the Army and Army National Guard...
ARMY | BCMR | CY2011 | 20110002275
A required mental status evaluation on 13 October 1993 shows his behavior was normal. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. The medical evidence of record indicates the applicant was medically fit for retention at the time of his separation.
ARMY | BCMR | CY2011 | 20110002282
Application for correction of military records (with supporting documents provided, if any). The applicant requests reconsideration of his previous application for correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart. The applicant's complete military service record is not available for review.
ARMY | BCMR | CY2011 | 20110002283
Application for correction of military records (with supporting documents provided, if any). The separation authority could issue an honorable discharge (HD) or a GD if it were warranted based on the member's record of service. His record also includes letters from the applicant requesting discharge as a result of his civil conviction and a Congressional Inquiry Packet that confirms he sought the assistance of a Member of Congress in expediting his discharge.
ARMY | BCMR | CY2011 | 20110002285
On 28 September 2006, upon his return to Fort Polk, LA, by memorandum, the applicant's commander notified him of his temporary suspension of command and pending adverse action based on numerous incidents of poor judgment regarding the use of government vehicles and personnel for personal use and the investigation that substantiated allegations of a hostile work environment and gender bias. If the senior rater decides that the comments provide significant new facts about the rated Soldier's...
ARMY | BCMR | CY2011 | 20110002287
Headquarters, AZARNG, Office of the Adjutant General, Phoenix, AZ, Orders 116-164, dated 3 June 2004 (as amended by Orders 006-104, dated 8 January 2005, and Orders 043-140, dated 2 March 2005), ordered the applicant to ADT on 12 June 2004 for Aviation Flight Training Continuation at Fort Rucker, AL, from 12 June 2004 to 13 October 2005. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army Physical Disability Evaluation System and sets...
ARMY | BCMR | CY2011 | 20110002291
On 8 May 1984, the applicant's company commander notified him of his intention to take action to discharge him for commission of a serious offense based on his two positive tests for wrongful use of marijuana. On 17 May 1984, the applicant's commander recommended separation from the service under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 14, due to the commission of a serious offense illegal drug use. On 11 September 1989, the Army Discharge Review Board...
ARMY | BCMR | CY2011 | 20110002294
There is no evidence in the applicant's personnel service record or available medical record which shows the applicant was treated for an overdose. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army Physical Disability Evaluation System (PDES) and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his office,...
ARMY | BCMR | CY2011 | 20110002295
The applicant requests upgrade of his general discharge to an honorable discharge. There is no evidence the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 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 | CY2011 | 20110002296
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he received a medical discharge. The record does not contain the separation authority's approval, but does shows he was discharged under the provisions of Army Regulation 635-200, chapter 9 (Alcohol Rehabilitation Failure) on 10 July 1984 and he receive an Under Honorable Conditions (General) Discharge Certificate. There is no evidence in the available records and he did not...
ARMY | BCMR | CY2011 | 20110002297
Application for correction of military records (with supporting documents provided, if any). The applicant's military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge; and b. adding the Bronze Star Medal to item 33 of his WD AGO Form 53-55.
ARMY | BCMR | CY2011 | 20110002299
The applicant requests that the records of his father, a deceased former service member (FSM), be corrected to show his prisoner of war (POW) status. The FSM's military records are not available to the Board for review. Unfortunately, absent evidence such as a unit morning report showing he was a POW there is insufficient evidence to support correcting the FSM's records to show he was a World War II POW.
ARMY | BCMR | CY2011 | 20110002302
Application for correction of military records (with supporting documents provided, if any). The applicant requests an upgrade of his undesirable discharge to an honorable discharge (HD). This extract shows the authority for the action was Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10. b.
ARMY | BCMR | CY2011 | 20110002303
Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for the period 1 January 1961 through 14 August 1974. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2011 | 20110002305
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. Section 12731b states that a member of the Selected Reserve who no longer meets the qualification for membership in the Selected Reserve solely because the member is unfit because of physical disability may, for the purpose of section 12731 (Age and Service Requirements) of this title, be treated as having met the...
ARMY | BCMR | CY2011 | 20110002306
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 for his service in the Republic of Vietnam (RVN). This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required...
ARMY | BCMR | CY2011 | 20110002307
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded two Army Commendation Medals. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the: * Army Commendation Medal * GWOTEM * Global War on Terrorism Service Medal * National Defense Service Medal * Army Service Ribbon 6. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2011 | 20110002309
The applicant requests: * adjustment of his initial effective date of appointment and date of rank to warrant officer (WO1) from 20 January 2010 to 13 January 2009 * promotion to chief warrant officer two (CW2) effective 13 January 2011 2. (1) Temporary Federal recognition may be extended to an officer who has been found qualified by an FRB for appointment in the ARNG of a State pending receipt of permanent Federal recognition and appointment as a Reserve officer of the Army. The evidence...
ARMY | BCMR | CY2011 | 20110002312
The unit commander recommended the applicant be given an honorable discharge. A second memorandum, dated 8 February 1978, and better known as the Nelson Memorandum, expanded the review policy and specified that the presence of a personality disorder diagnosis would justify upgrade of a discharge to fully honorable except in cases where there are "clear and demonstrable reasons" why a fully honorable discharge should not be given. The applicant's administrative separation under the...
ARMY | BCMR | CY2011 | 20110002316
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. On 16 February 1979, the applicant was separated with a UOTHC discharge under the provisions of Army Regulation 635-200, chapter 10. Although an honorable or general discharge is authorized, a discharge UOTHC is normally considered appropriate.
ARMY | BCMR | CY2011 | 20110002318
Therefore, his DD Form 214 should be corrected to show this overseas service and the Afghanistan Campaign Medal with one bronze service star. The evidence of record clearly shows that the applicant completed more than 11 months of overseas service in a qualifying area for entitlement to the Overseas Service Ribbon. 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 his DD Form 214 the entry...
ARMY | BCMR | CY2011 | 20110002331
The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Psychiatric Report, dated 1 December 2004 * VA rating/appeal decision, dated 2 June 2004 * VA PTSD Initial Evaluation - Progress Notes, dated 18 August 2009 * CRSC denial letter from the U.S. Army Human Resources Command, Fort Knox, KY (HRC-KNX), dated 29 December 2010 CONSIDERATION OF EVIDENCE: 1. Incurring disabilities while in a theater of operations or in training exercises is not, in and of...
ARMY | BCMR | CY2011 | 20110002333
Application for correction of military records (with supporting documents provided, if any). The applicant states that he served in Korea from 1962 to 1963 and it is not reflected on his DD Form 214. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.
ARMY | BCMR | CY2011 | 20110002334
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: * he served in Haiti in support of Operation Uphold Democracy * award of the Armed Forces Expeditionary Medal (AFEM) for service in both Haiti and Bosnia 2. He submitted the following documents in support of his deployment to Bosnia in support of Operation Joint Guard: a. DD Form...
ARMY | BCMR | CY2011 | 20110002335
The applicant provides the following documents: * DD Form 214 with a separation date of 5 February 1971 * DD Form 215 (Correction to DD Form 214), dated 23 March 1976 * National Personnel Records Center letter, dated 10 September 2010 * DA Form 20 (Enlisted Qualification Record) CONSIDERATION OF EVIDENCE: 1. The applicant is entitled to three bronze service stars to be worn on his already-awarded Vietnam Service Medal and to correction of his DD Form 214 to show this award. As a result,...
ARMY | BCMR | CY2011 | 20110002338
Application for correction of military records (with supporting documents provided, if any). The applicant's military service records are not available to the Board for review. _________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 | CY2011 | 20110002340
He goes on to state that upon release from the 97th General Hospital in Frankfurt, West Germany he was released from the Army and his DD Form 214 (Report of Separation from the Armed Forces of the United States) reflects an undesirable discharge and it should read that he received an honorable discharge for medical reasons. The applicant's military records are not available for review. Army Regulation 615-368, in effect at the time, set forth the basic authority for the separation of...
ARMY | BCMR | CY2011 | 20110002341
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her missing time and training. The applicant states, in effect, she completed training that is not shown on her DD Form 214. It provides a brief, clear-cut record of active Army service at the time of released from active duty, retirement or discharge.
ARMY | BCMR | CY2011 | 20110002347
The applicant states that the fifth digit of his Social Security Number (SSN) is a 0; however, through a clerical error his DD Form 214 was incorrectly prepared to reflect a 9 in the fifth digit. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that the fifth digit of his SSN as reflected in block 3 of his...
ARMY | BCMR | CY2011 | 20110002348
Upon nearing completion of his 2 years in Iraq, his brigade S-1 calculated both his leave days and PDMRA days from his release from active duty (REFRAD) date. There is no evidence of record that shows the applicant was serving on active duty during the period 5 May 2010 to 10 May 2010. However, the evidence of record shows he was REFRAD on 4 May 2010.
ARMY | BCMR | CY2011 | 20110002351
The applicant requests reconsideration of a previous application to correct his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Combat Infantryman Badge (CIB). 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 AR20100016473 on 16 December 2010. His military record shows that while assigned...
ARMY | BCMR | CY2011 | 20110002352
A DA Form 3027 (U.S. Army Request for National Agency Check), dated 28 April 1966, shows "429-8" as the first four digits of his SSN. The applicant provides a letter from the SSA, dated 3 January 2011, which indicates their records show the applicant was assigned an SSN with"429-8" as the first four digits. The evidence of record shows the applicant listed his SSN with "429-8" as the first four digits of his SSN when he completed documents in conjunction with his enlistment.
ARMY | BCMR | CY2011 | 20110002354
The applicant provides: * self-authored memorandum outlining the timeline of events leading to his BCP discontinuation * letter from the American Board of Family Practice, dated September 1996 * letter from the American Board of Family Practice, dated September 2002 * internet printout from the American Board of Family Medicine, verifying his certification status * e-mail string from an official at the Office of the Surgeon General (OTSG), verifying his receipt of BCP between 12 July 1996...
ARMY | BCMR | CY2011 | 20110002359
The applicant states all Soldiers with physical profiles of 3 or 4 in any of the 6 functional capacity factors will appear before a Military Occupational Specialty/ Medical Retention Board (MMRB). The applicant provides: * her DD Form 214 (Certificate of Release or Discharge from Active Duty) * a Standard Form (SF) 600 (Chronological Record of Medical Care), dated 21 October 2010 * a memorandum from Tripler Army Medical Center (TAMC), HI, Orthopaedic/Podiatry Surgery Service, dated 21...
ARMY | BCMR | CY2011 | 20110002365
The applicant requests reconsideration of his request to have his fathers records corrected to reflect the awards of the Presidential Unit Citation (PUC) and the Republic of Korea Presidential Unit Citation (ROKPUC). 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 AR20090002320 on 7 July 2009. As a result, the Board recommends that...
ARMY | BCMR | CY2011 | 20110002368
The applicant states the following: a. The line of duty investigation indicates he injured his shoulder while in Iraq; however, there is no service medical evidence that conclusively shows the injury was incurred as a result of hostile action. There is no evidence which provides a nexus between the March 2004 incident and the medical treatment he received in August 2004.
ARMY | BCMR | CY2011 | 20110002379
The record contains the following two orders awarding the applicant the AAM for the reasons and periods indicated. The DD Form 214 he was issued at the time lists two awards of the AAM and 2 bronze service stars with his SWASM in item 13. _________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 | CY2011 | 20110002380
The applicant states his HOR for military purposes was Jellico, TN, from 1966 to 1970. His HOR should have changed to Ohio at the time he reenlisted on 29 November 1972. The applicant provides: * DD Form 4 (Enlistment Record Armed Forces of the United States), dated 2 August 1966 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 1 August 1969 * two letter orders from the U.S. Army Reserve Components Personnel and Administration...
ARMY | BCMR | CY2011 | 20110002382
The applicant requests, in effect, an upgrade of his discharge under other than honorable conditions (UOTHC) to an honorable discharge. The applicant was charged with one specification of being AWOL from 24 March through 15 October 1979. __________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 | CY2011 | 20110002390
Application for correction of military records (with supporting documents provided, if any). The applicant requests a change to his reentry eligibility (RE) code from RE-4 to an RE-3 so he may reenter the Army. The applicant states according to regulations, despite his 30% disability retirement, he can still serve in the Army National Guard but he would have to show an RE-3 code.
ARMY | BCMR | CY2011 | 20110002391
Application for correction of military records (with supporting documents provided, if any). The applicant states: * he was ordered to spend 1 year on active duty in the Republic of Vietnam with the "USRV Highway Traffic Control" * he states that he was in country from July 1968 to June 1969 * he is aware of the requirements to earn the Good Conduct Medal, but he was in Vietnam for 1 year, less a few days * he was a good Soldier while he was in the military and he has been a good citizen...
ARMY | BCMR | CY2011 | 20110002395
The applicant states that the DA Form 4833 incorrectly reflects the offenses of Assault (Domestic Disturbance and Spouse Abuse). The applicant provides: * a DA Form 4833 * his DD Form 214 (Certificate of Release or Discharge from Active Duty) * his discharge orders CONSIDERATION OF EVIDENCE: 1. On 18 October 2009, the applicants commander notified him that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200 (Personnel Separations -...
ARMY | BCMR | CY2011 | 20110002396
The applicant states she deployed overseas during the period September 1990 to April 1991; however, her overseas service and awards are not recorded on her DD Form 214. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding to item 13 of her DD Form 214 the National Defense...