ARMY | BCMR | CY2011 | 20110000412
IN THE CASE OF: BOARD DATE: 19 April 2011 DOCKET NUMBER: AR20110000412 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of military records to show authorization of 38 days of Post Deployment/Mobilization Respite Absence (PDMRA). Contrary to the NGB advisory opinion, the evidence of record and independent evidence provided by the applicant is void of any documentary evidence indicating the applicant requested and was denied PDMRA days during the period of...
ARMY | BCMR | CY2011 | 20110000417
The applicant contends that his 1-year HHG transportation termination date of 31 August 2009 should be extended for a period of 2 years (to 31 August 2011) because he deployed overseas for civilian employment shortly after he retired from active duty and was misinformed about his HHG NTS and movement entitlement. There is no evidence the applicant submitted a request for extension of the 1-year extension of his HHG transportation termination date of 31 August 2009, prior to that date. In...
ARMY | BCMR | CY2011 | 20110000443
The findings and recommendations of the PEB were forwarded to the USAPDA and on 11 February 1998 the USAPDA modified the PEB results to show that he should be separated without disability benefits. Counsel states the applicant was properly evaluated by an MEB and a PEB and found to be unfit for duty with a 60% disability rating and that decision should be upheld, not the recommendation for a 10% disability rating and severance pay. Notwithstanding the recommendation of the USAPDA that the...
ARMY | BCMR | CY2011 | 20110000445
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that his general discharge (GD) be upgraded to an honorable discharge (HD). On 2 October 1975, the unit commander notified the applicant he was initiating action to separate him under the provisions of paragraph 5-37, Army Regulation 635-200 (Personnel Separations) under the Expeditious Discharge Program (EDP) and that he was recommending the applicant receive a GD.
ARMY | BCMR | CY2011 | 20110000447
The applicant requests upgrade of his undesirable discharge to a general discharge. On 29 October 1983, the Army Discharge Review Board, after careful consideration, determined he was properly discharged and denied his request for discharge upgrade. 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...
ARMY | BCMR | CY2011 | 20110000449
IN THE CASE OF: BOARD DATE: 13 September 2011 DOCKET NUMBER: AR20110000449 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Counsel states that after careful review of the applicant's request and the evidentiary evidence, the issues raised on his DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552) amply advance his contentions and substantially reflect the probative facts needed for equitable review. On 28 February 1966, the...
ARMY | BCMR | CY2011 | 20110000450
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. However, his records contain a memorandum, dated 20 November 1979, wherein the separation authority approved the applicant's request for discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, for the good of the service and directed his reduction to...
ARMY | BCMR | CY2011 | 20110000452
The applicant requests award of the Meritorious Unit Commendation (MUC), Presidential Unit Citation (PUC) (formerly known as the Distinguished Unit Citation), Prisoner of War Medal (POW), and French Liberation Medal on behalf of her deceased husband, a former service member (FSM). She states: * The MUC was awarded to the 253rd Infantry Regiment after the FSM was discharged * The MUC is on the 63rd Infantry Division's website * He was a POW for 2 days * He was assigned to a unit that was...
ARMY | BCMR | CY2011 | 20110000464
IN THE CASE OF: BOARD DATE: 29 September 2011 DOCKET NUMBER: AR20110000464 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The policy further states the Secretaries of the Military Departments will provide active duty participants and members of the Reserve Components with qualifying active duty service individual pre-separation or release from active duty counseling on the benefits under the Post 9/11 GI Bill and document accordingly and maintain records for individuals who receive...
ARMY | BCMR | CY2011 | 20110000467
Paragraph 10-1 (Reductions) of Army Regulation 600-8-19 (Enlisted Promotions and Reductions) states, in pertinent part, that when the separation authority determines that a Soldier is to be discharged from the service under other than honorable conditions the Soldier will be reduced to the lowest enlisted grade. However, since the separation authority directed the issuance of a discharge under other than honorable conditions, in accordance with the governing regulation the applicant was...
ARMY | BCMR | CY2011 | 20110000468
The applicant's military records show he enlisted in the Regular Army, in pay grade E-1, on 7 September 1983, for 3 years. He was discharged from active duty in pay grade E-1 on 5 June 1985, under the provisions of Army Regulation 635-200, chapter 13, for Unsatisfactory Performance, and was issued a general 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...
ARMY | BCMR | CY2011 | 20110000471
The applicant requests removal of a general officer memorandum of reprimand (GOMOR) from his official military personnel file (OMPF). On 31 December 2008, the applicant was presented with the GOMOR issued by MG M---n. The GOMOR stated the applicant was being reprimanded for his actions surrounding the applicant's inappropriate relationship with a female enlisted Soldier and for lying to the IO about the relationship. In this case, the applicant's GOMOR does not appear to have served its...
ARMY | BCMR | CY2011 | 20110000476
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he entered active duty on 18 August 2003, that he served 19 months and 20 days of active service during this period, and that he had prior inactive service from 21 August 2001 to 18 August 2003. The applicant states his DD Form 214 incorrectly reflects that he entered active duty on 25 May 2004 and that he only served 10 months and 14 days of active service. As a result, the...
ARMY | BCMR | CY2011 | 20110000479
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in two separate applications, correction of his DD Form 214 to show he was retired by reason of physical disability. Although the applicant was placed on a physical profile, his records do not show that he is unable to perform his assigned duties as evidenced by his continued performance of active and inactive duty training and his latest OER that show he performed his...
ARMY | BCMR | CY2011 | 20110000504
The applicant's service medical records are not available for review. Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S. Substantiating evidence must be provided to verify that the wound was the result...
ARMY | BCMR | CY2011 | 20110000507
The applicant requests that the orders awarding him the Parachutist Badge be removed from his Official Military Personnel File (OMPF). He completed his one station unit training as an infantryman at Fort Benning, Georgia and remained at Fort Benning to attend airborne training in class 01-01 in October 2000. * Removing those orders from his OMPF and ensuring the revocation orders are not filed in his OMPF _______ _ X______ ___ CHAIRPERSON I certify that herein is recorded the true and...
ARMY | BCMR | CY2011 | 20110000508
The applicant requests that his records be corrected to show he is entitled to the Critical Skill Retention Bonus (CRSB). The NGB Incentives Programs advised the staff of the board that both 25A and 53A were still on the critical skills list for entitlement to the CSRB at the time the applicant transferred back to the AOC 25A in September 2009. As a result, the Board recommends that all State Army National Guard and Department of the Army records of the individual concerned be corrected by...
ARMY | BCMR | CY2011 | 20110000510
IN THE CASE OF: BOARD DATE: 26 July 2011 DOCKET NUMBER: AR20110000510 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Following his tour in Vietnam, the applicant was reassigned to Fort Benning, GA for duty with Company A, 5th Battalion, 31st Infantry. Item 33 of his DA Form 20 (Enlisted Qualification Record) shows the following appointments and reductions: * PVT/E-1 on 5 February 1968 * PV2/E-2 on 12 April 1968 [accelerated promotion] * PFC/E-3 on 20 July 1968 * SP4/E-4 on 12 January...
ARMY | BCMR | CY2011 | 20110000520
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests upgrade of his under other than honorable conditions discharge. On 25 July 1980, the appropriate authority (a major general) approved his request for discharge and directed the issuance of an under other than honorable conditions discharge.
ARMY | BCMR | CY2011 | 20110000521
Application for correction of military records (with supporting documents provided, if any). The applicant states: * U.S. Army Human Resources Command (HRC) CRSC Branch unjustly denied his CRSC application for a fourth time * HRC deemed his numeric assigned rated physical disabilities were not relevant to combat and/or combat-training related * the Department of Veterans Affairs (VA) Nashville Regional Office's Rating Decision supports his claim * the VA grossly failed to give due process...
ARMY | BCMR | CY2011 | 20110000523
The applicant requests reconsideration of his earlier request for correction of his military records to show that he was transferred to the Retired Reserve with 20 years of qualifying service for retired pay at age 60. The applicant contends his military records should be corrected to show he was transferred to the Retired Reserve with 20 years of qualifying service for retired pay at age 60 because he was not counseled prior to separation and was led to believe he had completed 20...
ARMY | BCMR | CY2011 | 20110000530
On 24 April 1975, approximately a year after his discharge, he applied for a waiver to again enlist in the RA and the EEA denied his request contending that he had two disqualifications, one being a medical defect and the other that he had been discharged for hardship/dependency. His medical records for this enlistment are not available for review with this case. Therefore, in the absence of evidence to show he was unfit for separation or that he could not perform the duties of his rank...
ARMY | BCMR | CY2011 | 20110000537
IN THE CASE OF: BOARD DATE: 14 July 2011 DOCKET NUMBER: AR20110000537 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests termination of his participation in the Survivor Benefit Plan (SBP) and reimbursement of all premiums paid. Public Law 99-145, enacted on 8 November 1985 but effective 1 March 1986, required a spouse's written concurrence for a retiring member's election that provided less than maximum spouse coverage.
ARMY | BCMR | CY2011 | 20110000539
The criteria for the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record. The applicant's service record is void of any orders that show he was awarded the Purple Heart or that he was wounded or injured as a result of combat. Notwithstanding the applicant's...
ARMY | BCMR | CY2011 | 20110000544
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 April 1989 to show: * He was a "period-of-war veteran/Korean War" * His Army National Guard service 2. The applicant states: * He was a "period-of-war" veteran before 14 September 1978 and cites Presidential Proclamation (PP) 2914 * It is possible the Iowa Army National Guard and the Active Army did not follow up on the Korean War status by...
ARMY | BCMR | CY2011 | 20110000549
IN THE CASE OF: BOARD DATE: 14 June 2011 DOCKET NUMBER: AR20110000549 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The witness stated his records showed award of the Army Commendation Medal with "V" Device, the Presidential Unit Citation, Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. However, the available evidence does not support the applicant's request for correction of his DD Form 214 to show award of the CIB.
ARMY | BCMR | CY2011 | 20110000551
IN THE CASE OF: BOARD DATE: 12 July 2011 DOCKET NUMBER: AR20110000551 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. Accordingly, his punishment was not disproportionate to the offenses for which he was convicted and he failed to show sufficient evidence or reasons to warrant an upgrade of his discharge based on clemency.
ARMY | BCMR | CY2011 | 20110000553
Army Regulation 600-8-22 (Military Awards): a. states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to HHC, 3rd Brigade, 4th Infantry Division, this unit was cited for award of the: * Presidential Unit Citation for the period 21 March 1967 by Department of the Army (DAGO) Number 59,...
ARMY | BCMR | CY2011 | 20110000554
The applicant requests his discharge under other than honorable conditions (UOTHC) be upgraded to an honorable discharge. The applicant's discharge processing documentation is not available; however, his DD Form 214 shows he was discharged for the good of the service on 18 October 1972 under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations Enlisted Personnel). Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
ARMY | BCMR | CY2011 | 20110000560
On 14 December 1978 he applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge to fully honorable. After reviewing all of the available evidence in his case, the ADRB determined that his discharge was both proper and equitable under the circumstances and voted unanimously to deny his request on 30 May 1980. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2011 | 20110000563
The applicant requests correction of the narrative reason for his separation to reflect that he was discharged for a service-connected disability or that his condition was service aggravated. The psychologist recommended that the applicant be administratively separated from the service under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 5-17, and she discussed her recommendation with the applicant. Accordingly, he was honorably discharged on 7 January 2010...
ARMY | BCMR | CY2011 | 20110000564
Army Regulation 600-8-22 states the RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than 6 months of service but were wounded as a result of hostile action are also entitled to award of the RVN...
ARMY | BCMR | CY2011 | 20110000568
The evidence of record shows the applicant enlisted in the RA on 8 July 1968. However, throughout the applicant's active duty service no evidence was present listing the applicant's SSN as anything other than "xxx-xx-xxx4." ___________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 | 20110000569
On 1 June 2006, his immediate commander notified him of his intent to initiate separation action against him in accordance with Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 14-12c, by reason of misconduct - commission of a serious offense. On 24 August 2006, the separation authority approved his discharge action under Army Regulation 635-200, paragraph 14-12c, with the issuance of a general discharge. The applicant provides a letter from his commander to...
ARMY | BCMR | CY2011 | 20110000571
Application for correction of military records (with supporting documents provided, if any). The board recommended the applicant be discharged with an undesirable discharge for misconduct for reason of civil conviction. b. Paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2011 | 20110000572
The applicant requests correction his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 4 February 2004 to show he received $16,208.10 of disability severance pay instead of the $27,237.60 that is currently shown on his DD Form 214. His DD Form 214 in question shows in item 18 (Remarks) disability severance pay in the amount of $27,237.60. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2011 | 20110000581
The applicant requests promotion to chief warrant officer five (CW5). He had over 18 years of time in grade (TIG) as a chief warrant officer four (CW4), completed the Warrant Officer Senior Staff Course, selected by the State Adjutant General, and performed CW5 duties as the Detachment Commander, Detachment 25 (DET 25), OSA (Operational Support Airlift), Tennessee Army National Guard (TNARNG), Smyrna, TN, for 19 months (February 2008 through August 2009). The applicant provides: * a...
ARMY | BCMR | CY2011 | 20110000583
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he held the rank/grade of sergeant (SGT)/E-5 at the time of his release from active duty (REFRAD). The applicant's military records are not available to the Board for review. His available record contains a Reconstructed Record from Fire, which shows his grade as specialist four (SP4).
ARMY | BCMR | CY2011 | 20110000589
The applicant was notified of initiation of separation action under the provisions of Army Regulation 635-206 (Personnel Separations Discharge Misconduct) for conviction by a civil court. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. The applicant's request that his discharge be upgraded was carefully considered; however, there is insufficient evidence to support this request.
ARMY | BCMR | CY2011 | 20110000599
On 30 March 2006, he voluntarily requested a discharge for the good of the service under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 10. The DD Form 214 also shows his character of service as under other than honorable conditions; the separation authority as Army Regulation 635-200, chapter 10; the separation code as "JFS"; his RE code as RE-4; and the narrative reason for his separation as "in lieu of trial by court-martial." Pertinent Army regulations...
ARMY | BCMR | CY2011 | 20110000606
Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period. Therefore, he is entitled to correction of his DD Form 214 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 adding to item 26 of his DD Form 214 the: * Vietnam Service...
ARMY | BCMR | CY2011 | 20110000607
Army policy states that an under other than honorable conditions discharge is normally considered appropriate for a Soldier discharged for patterns of misconduct; however, the discharge authority may direct an honorable or general discharge if such are merited by the Soldier's overall record. The evidence of record shows the applicant tested positive for wrongfully using illegal drugs. The evidence of record confirms his Separation and RE codes were assigned based on the fact that he was...
ARMY | BCMR | CY2011 | 20110000609
Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. His records show he 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 21 January 1967 through 14 January 1970; b....
ARMY | BCMR | CY2011 | 20110000616
In an advisory opinion from Leader Development Division, HRC, Fort Knox, KY, the advisory official stated: * the applicant graduated with a Bachelor of Science degree in Business Administration * because he did not graduate with a professional degree, he is not entitled to an educational delay * during the timeframe 29 August 1993 through 16 May 1994, the applicant was assigned to the Individual Ready Reserve (IRR) * although he was not required to be a part of a unit while assigned to the...
ARMY | BCMR | CY2011 | 20110000617
Counsel requests this Board consider the applicant's request and correct his military records so that he can continue his evaluation for VA benefits. Army Regulation 635-200 further states 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. c. section 3.12(e): An honorable discharge or discharge under honorable conditions issued through a board for correction of records established under the...
ARMY | BCMR | CY2011 | 20110000620
Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995; and 11 September 2001 and a date to be determined. The evidence of record shows the applicant completed a qualifying period of service for award of the National Defense Service Medal from 16 September 1961 through 10 August 1962. There is no...
ARMY | BCMR | CY2011 | 20110000626
Application for correction of military records (with supporting documents provided, if any). g. On 26 March 1996, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions. The applicant was discharged on 9 April 1996 under the provisions of Army Regulation 635-200, paragraph 14-12c(2) for misconduct - commission of a serious offense (abuse of illegal drugs)) with...
ARMY | BCMR | CY2011 | 20110000628
The applicant requests, in effect, that the records of her deceased former spouse, a former service member (FSM), be corrected to show that he changed his category of participation in the Reserve Component Survivor Benefit Plan (RCSBP) from spouse to former spouse coverage. Counsel provides the applicant's DD Form 149 (Application for Correction of Military Records) signature page, the FSM's Certificate of Death, and the Final Judgment Granting Dissolution of Marriage between the applicant...
ARMY | BCMR | CY2011 | 20110000632
The applicant requests that his discharge under other than honorable conditions be upgraded to an honorable discharge. He submitted a request for discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 10. A review of his records does not show he ever petitioned the Army Discharge Review Board for an upgrade of his discharge with that board's 15-year statute of limitations.
ARMY | BCMR | CY2011 | 20110000635
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests his undesirable discharge (UD) be upgraded to a general 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.