ARMY | BCMR | CY2012 | 20120020753
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. His conviction and discharge were effected in accordance with applicable laws and regulations and his discharge appropriately characterizes the misconduct for which he was convicted. He was sentenced to a BCD pursuant to an approved...
ARMY | BCMR | CY2012 | 20120020756
The applicant states he gave 50 percent of his Post-9/11 GI Bill to his son; however, after he turned the form in to his personnel section it was never processed, presumably due to his unit deploying. There is no evidence in the applicant's records and the applicant provided no evidence to show he had taken action to transfer benefits to his son prior to retiring from service. On 22 June 2009, the Department of Defense (DOD) established the criteria for eligibility and transfer of unused...
ARMY | BCMR | CY2012 | 20120020762
On 16 August 1988, he was notified he was being recommended for discharge under the provisions of Army Regulation 635-200 (Personnel Separation- Enlisted Personnel), chapter 9, for rehabilitation failure. The available record does not show the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
ARMY | BCMR | CY2012 | 20120020769
The applicant requests upgrade of his discharge under other than honorable conditions. On 5 February 1982, the separation authority approved the applicant's voluntary request for discharge and directed the issuance of an under other than honorable conditions discharge. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.
ARMY | BCMR | CY2012 | 20120020775
Application for correction of military records (with supporting documents provided, if any). The applicant provides: * DD Form 214 * Certificate of Birth and Baptism * his Social Security card * United States of America Permanent Resident card CONSIDERATION OF EVIDENCE: 1. A DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 28 May 1970, contained in the applicant's military service records shows in item 22 (Citizenship) the entry "CANADA."
ARMY | BCMR | CY2012 | 20120020776
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests affirmation of his upgraded discharge by the Army Discharge Review Board (ADRB) on 13 January 1976 under the Department of Defense (DOD) Special Discharge Review Program (SDRP) so he can receive veterans' benefits. It further indicated that individuals who received an undesirable discharge during the Vietnam War era would have their discharges upgraded if they met one of the following criteria: wounded in combat in...
ARMY | BCMR | CY2012 | 20120020783
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his pay grade as E-4 and award of the Iraq Campaign Medal (ICM) and Global War on Terrorism Service Medal (GWOTSM). Army Regulation 600-8-22 states the GWOTSM is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism...
ARMY | BCMR | CY2012 | 20120020785
The applicant requests his rank be corrected to show specialist five (SP5) on two certificates of appreciation, a DA Form 1811 (Physical and Mental Status on Release from Active Service), and an award certificate for the Bronze Star Medal. The applicant states: a. his awards and certificates show his rank as specialist four (SP4) but his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge ) shows his rank as SP5. _______ _ _X______ ___ CHAIRPERSON I certify that...
ARMY | BCMR | CY2012 | 20120020789
The applicant was discharged under other than honorable conditions on 1 November 1974 and he was issued a DD Form 259A (BCD Certificate). There is no indication the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.
ARMY | BCMR | CY2012 | 20120020795
The CAARNG has not been able to determine if the applicant went before an MEB and that the medically unfit discharge was a result of his approved LOD or non-LOD. 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 govern the evaluation for physical fitness of Soldiers who may be unfit to perform their military duties because of...
ARMY | BCMR | CY2012 | 20120020796
The applicant requests reconsideration of his earlier request for an upgrade of his discharge. On 17 March 1976, court-martial charges were preferred against him for one specification of AWOL from on or about 26 January 1971 to on or about 4 March 1976. The applicant's request for upgrade of his undesirable discharge was carefully considered; however, there is insufficient evidence to support his request.
ARMY | BCMR | CY2012 | 20120020798
The Army rated the disability at 20 percent and clearly indicated it was a combat-related injury on his discharge order as well as on the Medical Evaluation Board (MEB) review. f. A DA Form 199, dated 20 February 1992, that shows an informal PEB considered the applicant's case and found his condition prevented him from performing his duties and determined that he was physically unfit due to traumatic arthrosis with osteochrondritis dissecans of right ankle, injury on 6 April 1991. The...
ARMY | BCMR | CY2012 | 20120020800
The applicant requests an upgrade of his general discharge to an honorable discharge. Each time he was counseled, he was advised that further misconduct could result in his separation for unsatisfactory performance or misconduct under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), or he could be processed for disciplinary action under the Uniform Code of Military Justice (UCMJ). It appears the separation authority favorably considered his request...
ARMY | BCMR | CY2012 | 20120020802
The applicant requests correction of his military records by showing his under other than honorable conditions discharge was upgraded to honorable, or to general, under honorable conditions. The applicant contends that his military records should be corrected by showing his under other than honorable conditions discharge was upgraded to honorable, or to general, under honorable conditions because he was young and immature at the time. The record shows the applicant accepted four NJPs for...
ARMY | BCMR | CY2012 | 20120020805
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests his discharge under other than honorable conditions be upgraded. This document further indicates the applicant was a member of the U.S. Army; however, there is no record of military service for the applicant after 1996.
ARMY | BCMR | CY2012 | 20120020808
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 5 March 1981, the applicant's company commander notified the applicant that he was initiating action to discharge him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel, paragraph 5-31, under the...
ARMY | BCMR | CY2012 | 20120020811
The applicant states: * he had no misconduct while performing his official duties for the Army or as a military police officer * he received an Article 15, under the provisions of the Uniform Code of Military Justice (UCMJ), for yawning in formation and disregarding orders by marrying a German National in July 1989 * his discharge was initiated immediately after he was married * he has remained married for 23 years * there was no serious misconduct to warrant a general discharge since he...
ARMY | BCMR | CY2012 | 20120020813
The DD Form 214 he was issued at the time does not show award of the AGCM. Army Regulation 600-8-22 (Military Awards) states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. DISCUSSION AND CONCLUSIONS: Permanent orders awarded the applicant the AGCM (1st Award) for the period 17 September 2001 to 16 September 2004.
ARMY | BCMR | CY2012 | 20120020814
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. Therefore it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) and to correct 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 by: a. deleting from his DD...
ARMY | BCMR | CY2012 | 20120020816
Application for correction of military records (with supporting documents provided, if any). The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 December 2004. ____________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 | CY2012 | 20120020819
The applicant requests, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show the following: * award of the * Army Good Conduct Medal (1st Award) * National Defense Service Medal * dates of his promotions to the grades of E-2 through E-5 * training completion of the * Basic Leadership Course * Primary Leadership Course * Aircraft Armament Mechanic Course * Aircraft Armament Mechanic Course (45M2O) * two correspondence courses 2. With respect to listing...
ARMY | BCMR | CY2012 | 20120020823
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The charge sheet pertaining to the applicants discharge proceedings under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, in lieu of trial by court-martial is not contained in his available military records. On 4 May 1981, he was discharged accordingly.
ARMY | BCMR | CY2012 | 20120020824
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show he served overseas and that he was awarded the Combat Infantryman Badge and Imjin Scout patch. The applicant's military personnel records do not contain any orders or other evidence showing award of the Imjin Scout insignia/patch. In support of his application the applicant provides the following documents: a. a 2nd Infantry Division certificate that shows he was awarded the Expert...
ARMY | BCMR | CY2012 | 20120020825
On 11 February 1981 following counseling, the applicant submitted a voluntary written 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), chapter 10. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from...
ARMY | BCMR | CY2012 | 20120020826
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Korea Defense Service Medal. Item 5 (Oversea Service) shows she completed the following overseas tours: * Germany from 25 July 1982 to 19 July 1985 * Germany from 20 June 1988 to 19 June 1993 * Korea from 16 January 1996 to 15 January 1997 b. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...
ARMY | BCMR | CY2012 | 20120020828
The evidence shows that the applicants records contain administrative errors which do not require action by the Board. Although the applicant's records do not show he was awarded the Air Medal with "V" Device, the evidence of record confirms the applicant was awarded seven awards of the Air Medal which are not shown on his DD Form 214. Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned as follows: * deleting from his DD Form...
ARMY | BCMR | CY2012 | 20120020830
The applicant provided a Bronze Star Medal Citation indicating he was awarded the Bronze Star Medal for outstanding meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period 10 March 1971 to 9 March 1972. ADCARS did reveal orders awarding him the Army Commendation Medal for meritorious service in the Republic of Vietnam during the same period as shown on the Bronze Star Medal Certificate and Citation the applicant...
ARMY | BCMR | CY2012 | 20120020834
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 13 November 1979, the unit commander initiated action to separate the applicant under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 14-33b, due to frequent involvement in incidents of a discreditable nature with civil or military authorities. Therefore, the applicant's record of service is insufficiently meritorious to warrant an honorable or a general discharge.
ARMY | BCMR | CY2012 | 20120020836
The applicant states he was wounded in the Republic of Vietnam (RVN) but was never awarded the PH. The available evidence clearly shows the applicant participated in eight campaigns during his service in the RVN. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the PH for wounds received in action on 30 September 1968; b. deleting the VSM with five campaign stars from his DD Form 214 for the period ending...
ARMY | BCMR | CY2012 | 20120020841
The applicant requests that he be awarded the Combat Infantryman Badge (CIB) and that it be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he...
ARMY | BCMR | CY2012 | 20120020842
The applicant requests reconsideration of his earlier request for correction of his records to show he changed his Reserve Component Survivor Benefit Plan (RCSBP) coverage from spouse to former spouse coverage within 1 year of their divorce. Public Law 98-94, dated 24 September 1983, established SBP for former military spouses of retired members. Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage (without the members agreement) in those cases where...
ARMY | BCMR | CY2012 | 20120020844
The applicant requests enrollment in the Reserve Component Survivor Benefit Plan (RCSBP) for "spouse and child" coverage, Option C. 2. His record contains a transaction history which shows he received a 20-year letter on 19 October 2000 but did not make an RCSBP election, then he got married on 24 June 2004 but did not make an RCSBP election within the one year anniversary date. The evidence of record shows that upon receiving his 20-year letter on 19 October 2000, the applicant did not...
ARMY | BCMR | CY2012 | 20120020845
The applicant requests correction of his records to show his education benefits were transferred to his eligible dependent in accordance with the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. The applicant states that due to his being deployed as a Department of Defense (DoD) civilian he was unaware of his eligibility to transfer his benefits. On 22 June 2009, the DoD established the criteria for eligibility and transfer of unused educational benefits to eligible...
ARMY | BCMR | CY2012 | 20120020851
The separation authority approved the request and directed the issuance of an Under Other Than Honorable Conditions Discharge Certificate. There is no indication the applicant ever applied to the Army Discharge Review Board for an upgrade of her discharge within that board's 15-year statute of limitations. Although an honorable or general discharge is authorized, an under other than honorable conditions discharge is considered appropriate.
ARMY | BCMR | CY2012 | 20120020852
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the: * Bronze Star Medal with "V" Device * Army Commendation Medal * Army Achievement Medal * Joint Service Achievement Medal 2. The applicant provides: * DD Form 214 * Certificate showing award of the Bronze Star Medal * Certificate showing award of the Army Commendation Medal * Certificate showing award of the Army Achievement Medal * Certificate showing award of the Joint...
ARMY | BCMR | CY2012 | 20120020855
The discharge shows 170 days lost under Article 107. The applicant provides: * National Archives and Records Administration (NA) Form 13038 (Certification of Military Service) * WD AGO Form 53-56 (Discharge from the Army of the United States) * WD AGO Form 100 (Separation Qualification Record) * Statement from Mrs. Connie F____-B____, the applicant's daughter * Applicant's statement dictated to his daughter * letter from Mr. Wolford N. F____ * Statement from Mr. Thomas K____, Mayor, Village...
ARMY | BCMR | CY2012 | 20120020858
He served in Vietnam and was medically retired due to combat-incurred wounds. Army Regulation 600-8-22 (Military Awards): a. states the Combat Infantryman Badge (CIB) is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the CIB for service in Vietnam from December 1968 to March 1969 and the Army Good Conduct...
ARMY | BCMR | CY2012 | 20120020864
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the country of his foreign service during the Persian Gulf War. While the specific location of this service is not of record, it would be appropriate to correct his DD Form 214 to show he served in Southwest Asia from 1 September 1991 to 31 January 1992. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2012 | 20120020868
Application for correction of military records (with supporting documents provided, if any). His DD Form 214 (Certificate of Release or Discharge from Active Duty) includes entries which show: a. he completed a total of 7 years, 4 months, and 21 days of creditable active duty service; b. he was discharged under the provisions of chapter 4, Army Regulation 635-200, by reason of completion of required active service; and b. he was assigned a separation program designator (SPD) code of "JBK"...
ARMY | BCMR | CY2012 | 20120020872
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show 4 months of service not currently accounted for on his DD Form 214. The dates of time lost during the current enlistment are entered on the DD Form 214. The evidence of record shows his active service, both creditable and non-creditable, is accurately represented on his DD Form 214.
ARMY | BCMR | CY2012 | 20120020874
The separation authority waived rehabilitation and directed the applicant be discharged with a general under honorable conditions discharge. A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under the provisions of Army Regulation 635-200, chapter 14, for misconduct. It appears the separation authority determined the applicant's overall service did not meet the standards of acceptable conduct and performance of duty to warrant recommendation...
ARMY | BCMR | CY2012 | 20120020878
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 6 August 1985 to show her character of service as "honorable" instead of "uncharacterized." He or she will only receive a DD Form 220; and d. RC Soldiers completing initial ADT that results in the award of an MOS even when the active duty period was less than 90 days. When separated within the first 180 days, service is usually not characterized unless the...
ARMY | BCMR | CY2012 | 20120020880
The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Written Agreement Officer Affiliation Bonus Addendum * SRIP Guidance 10-01 * two DA Forms 2823 * request for an exception to policy to receive the bonus and subsequent denial * email correspondence CONSIDERATION OF EVIDENCE: 1. The DCSPER mentioned that when the applicant transitioned from the RA to the ALARNG a BCN was not requested. The applicant was commissioned into the ALARNG on 2 July 2011...
ARMY | BCMR | CY2012 | 20120020883
A DA Form 1059, dated 26 November 2008, shows the applicant achieved BOLC standards with an average test score of 76 percent. The records reviewed by the selection board showed he had not completed the required civilian and/or military education by the day before the date the promotion board convened on 2 November 2010. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) provides: a. effective 1 October 1995, that no person may be...
ARMY | BCMR | CY2012 | 20120020885
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of: * 2 Overseas Service Commemorative Medals (presumed to be the Overseas Service Ribbon) * Cold War Victory Commemorative Medal * Combat Service Commemorative Medal * Vietnam TET Offensive Commemorative Medal * American Defense Commemorative Medal 2. This regulation does not provide for award of any of the requested commemorative medals. As a...
ARMY | BCMR | CY2012 | 20120020887
In addition he requests the following awards be added to his DD Form 214: * Overseas Service Ribbon * Southwest Asia Service Medal * Driver and Mechanic Badge with W Bar (for wheeled vehicles) * Air Assault Badge * Korea Defense Service Medal (Maine Air National Guard) 2. In addition, he requests the Overseas Service Ribbon, Southwest Asia Service Medal, Driver and Mechanic Badge with W Bar, and the Air Assault Badge be added to his DD Form 214. His record shows that he completed one...
ARMY | BCMR | CY2012 | 20120020890
The evidence of record shows the applicant completed a period of honorable service wherein he received all "excellent" conduct and efficiency ratings with no convictions by a court-martial. Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 23 November 1971 through 21 November 1973 and to correct his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2012 | 20120020892
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. Army Regulation 600-8-22 (Military Awards) states: a. 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 exemplary behavior, efficiency, and fidelity during the...
ARMY | BCMR | CY2012 | 20120020894
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his records to show his current wife is the beneficiary of his Survivor Benefit Plan (SBP). He also believes the correction should be made to enroll his spouse as his SBP beneficiary.
ARMY | BCMR | CY2012 | 20120020899
The proceedings are valid, the reduction has been processed in the applicant's finance and personnel records, and the DA Form 2627 has been filed in the restricted section of the applicant's Interactive Personnel Electronic Record Management System (iPERMS) file. The evidence shows the applicant accepted NJP and the punishment was reduction to SPC E-4. Army Reserve G-1 has taken the following corrective actions: the REFRAD orders have been amended, and a DD Form 215 has corrected the...