ARMY | BCMR | CY2012 | 20120008783
He went to his commander and tried to get help but didnt receive any. On 20 August 1993, the separation authority approved his discharge under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct - commission of a serious offense, with an under other than honorable conditions characterization of service. _______ _ X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military...
ARMY | BCMR | CY2012 | 20120008784
On 11 September 2000, his immediate commander initiated a separation action against him under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 11 (Entry Level Performance and Conduct). 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. Table 3-1 included a list of the RA RE codes: a. RE-1 applies to...
ARMY | BCMR | CY2012 | 20120008792
Application for correction of military records (with supporting documents provided, if any). The applicant's WD AGO Form 53-55 shows he was inducted into the Army of United States and entered active duty on 6 February 1943. Furthermore, there is no evidence to show the basis for the Purple Heart which is already shown on his WD AGO Form 53-55.
ARMY | BCMR | CY2012 | 20120008796
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. 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 any time after court-martial charges were preferred. Army Regulation 635-200, paragraph 3-7b provides that a general discharge is a separation from the...
ARMY | BCMR | CY2012 | 20120008798
On 16 November 1981, the applicant also underwent a medical examination for the purpose of discharge under chapter 10, Army Regulation 635-200 (Personnel Separations): a. With respect to the applicant's request for a medical discharge, his record is void of any evidence and he has not provided any evidence that shows he suffered an illness and/or a disease that was severe enough to render him physically unable to perform the duties required of his grade and military specialty. The Army...
ARMY | BCMR | CY2012 | 20120008799
This was the first and only negative incident of his military service. The applicant's military record is not available to the Board for review. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2012 | 20120008800
The applicant's complete military records are not available to the Board for review. There is no evidence of record and he provided no evidence which shows he was awarded an infantry, field lineman, artillery, or food service MOS (other than MOS 824) during World War II. It is noted his WD AGO Form 53-55 does show his branch as field artillery and he participated in an assault landing, which would appear to mean he was exposed to a noise-induced combat environment.
ARMY | BCMR | CY2012 | 20120008801
The applicant requests the correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Combat Infantryman Badge. The applicant states he was awarded the Combat Infantryman Badge while he was on active duty during the invasion of Grenada. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 the Combat Infantryman Badge and the Armed Forces Expeditionary Medal.
ARMY | BCMR | CY2012 | 20120008802
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show any missing medals and awards he may be entitled to for his service in the Republic of Vietnam. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from on or about 19 March 1970 to on or about 26 December 1970. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2012 | 20120008803
Application for correction of military records (with supporting documents provided, if any). Item 1 (Name and Service Number) of the applicant's DA Form 20 (Enlisted Qualification Record) shows his SSN as "x5x-xx-xxxx," the number he claims is correct. The evidence of record confirms the applicant provided his correct Social Security Number under which he performed his military service as evidenced by his DA Form 20.
ARMY | BCMR | CY2012 | 20120008805
The applicant requests correction of: * the social security number (SSN) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and the orders releasing him from active duty * item 25 (Education and Training Completed) of his DD Form 214 to show he was trained in military occupational specialty (MOS) 62B3O (Construction Equipment Repairman) * item 30 (Remarks) of his DD Form 214 to show his blood type as "A positive" 2. The record clearly shows errors...
ARMY | BCMR | CY2012 | 20120008806
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. Army Regulation 15185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records...
ARMY | BCMR | CY2012 | 20120008812
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction to his DD Form 214 (Certificate of Release or Discharge), for the period ending on 13 December 2011 to show his award of the Legion of Merit (LOM). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Legion of Merit to the applicant's DD Form 214 for the period ending 13 December 2011.
ARMY | BCMR | CY2012 | 20120008814
The applicant requests the following awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 18 January 1970: * Bronze Star Medal * Purple Heart (2nd Award) * Army Commendation Medal * Army Good Conduct Medal * Air Medal (2nd Award) * commendations awarded to his unit in the Republic of Vietnam * Vietnam Service Medal with bronze service stars * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with...
ARMY | BCMR | CY2012 | 20120008831
The applicant's complete military records are not available to the Board for review. In addition, his military record is void of any official Army documentation that shows he was wounded, his wounds were the result of hostile action, the wounds were treated by medical personnel, and such treatment was made a part of the official record. In the absence of evidence to show he was wounded or injured as a result of hostile action, treated for such wounds, or that the medical treatment was made...
ARMY | BCMR | CY2012 | 20120008833
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 his middle name as Julian. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant's middle name as Julian on his DD Form 214.
ARMY | BCMR | CY2012 | 20120008835
Military Personnel Records and advisory opinions (if any). The policy states any member of the Armed Forces on or after 1 August 2009 may transfer benefits if, at the time of the approval of the request to transfer entitlement to educational assistance under this section, the member is eligible for the Post 9/11 GI Bill and: a. has at least 6 years of service in the Armed Forces on the date of election and agrees to serve 4 additional years in the Armed Forces from the date of election;...
ARMY | BCMR | CY2012 | 20120008841
c. The Darby CCC supported separation from the service under the provisions of chapter 9 or 14, Army Regulation 635-200 (Personnel Separations - Enlisted Personnel). His commander stated, in effect, the proposed action was based on his unsatisfactory work performance and conduct and his lack of progress in ADAPCP. On 28 July 1989, the separation authority approved the recommendation to separate him under the provisions of Army Regulation 635-200, chapter 9, and directed he be issued a...
ARMY | BCMR | CY2012 | 20120008846
Application for correction of military records (with supporting documents provided, if any). A review of the applicant's military personnel records shows there are documents with his last named spelled as "Hofmann" and also "Hoffmann." The evidence of record shows that both spellings of the last name were recorded on documents in his official military service records throughout his military service.
ARMY | BCMR | CY2012 | 20120008853
The applicant states the FSM's records do not show the "V" Device on his already-awarded BSM. The FSM's military records are not available to the Board for review. The applicant requests, in effect, correction of the FSM's WD AGO Form 53-55 to show award of the BSM with "V" Device.
ARMY | BCMR | CY2012 | 20120008855
He was subsequently ordered to active duty training. On 22 June 1979, the separation authority approved the applicants request for discharge and directed that he be issued an Under Other Than Honorable Conditions Discharge Certificate. On 9 May 1983, the Army Discharge Review Board (ADRB) considered the applicant's request for an upgrade of his discharge.
ARMY | BCMR | CY2012 | 20120008859
Title 10, U.S. Code, chapter 61, provides the Secretaries of the Military Departments with authority to retire or discharge a member if they find the member unfit to perform military duties because of physical disability. A designation of "unfit for duty" is required before an individual can be separated from the military because of an injury or medical condition. Although the applicant contends she should have a medical discharge, her iPERMS record shows she was voluntarily discharged for...
ARMY | BCMR | CY2012 | 20120008864
The applicant states he was medically discharged in 2005 and he was not informed of his right to transfer his Post-9/11 GI Bill benefit to his eligible family members. It limits the eligibility to transfer unused Post-9/11 GI Bill benefits to those members of the Armed Forces who were serving on active duty or as a member of the Selected Reserve on or after 1 August 2009 and who have 6 years of eligible service regardless of the reason for separation. DISCUSSION AND CONCLUSIONS: The...
ARMY | BCMR | CY2012 | 20120008865
Service members must have served on active duty in the Regular Army or as a Reserve member ordered to active duty under Title 10, U.S. Code, sections 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 (orders in support of contingency operations, i.e., mobilization), and must have received an honorable discharge at the conclusion of active service. The applicant had over 30 years of service upon retirement, no additional service requirement, no evidence of any adverse action, and he would...
ARMY | BCMR | CY2012 | 20120008867
Application for correction of military records (with supporting documents provided, if any). The applicant requests an upgrade of his under other than honorable conditions (UOTHC) discharge. His record documents no acts of significant achievement or valor and did not support the issuance of an honorable or a general discharge by the separation authority at the time of his discharge and it does not support an upgrade to an honorable or a general discharge at this late date.
ARMY | BCMR | CY2012 | 20120008869
IN THE CASE OF: BOARD DATE: 1 November 2012 DOCKET NUMBER: AR20120008869 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant is not eligible to transfer benefits under the Post-9/11 GI Bill Transferability Program to his dependents because he was not a member of the service on or after 1 August 2009, which is a requirement established in law. The policy states an eligible individual is any member of the Armed Forces on or after 1 August 2009 who, at the time of the approval of...
ARMY | BCMR | CY2012 | 20120008873
The applicant, the son of a deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show: * award of the Combat Infantryman Badge * two additional bronze service stars to be affixed to the FSM's previously awarded European-African-Middle Eastern Campaign Medal 2. There is no evidence of record and the applicant has not provided sufficient evidence to show the FSM participated in more than...
ARMY | BCMR | CY2012 | 20120008874
The applicant requests that her DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 28 February 1994 be corrected to show in block 7b that her Home of Record (HOR) was 237 Schermerhorn Street, Schenectady, New York 12304 and that block 12a be corrected to show that she entered active duty on 5 October 1989. Accordingly, the issue of the date in block 12a has already been addressed by the Board and will not be discussed further in these proceedings. As a result, the...
ARMY | BCMR | CY2012 | 20120008876
It states the Secretary concerned shall pay an annuity under this subchapter to the surviving spouse of a person who is eligible to provide a Reserve Component annuity and dies: a. before being notified under section 12731(d) of this title that he/she has completed the years of service required for eligibility for Reserve Component retired pay; or b. during the 90-day period beginning on the date he or she receives notification under section 12731(d) of this title that he/she has completed...
ARMY | BCMR | CY2012 | 20120008882
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all awards and medals he is entitled to based on his active duty service in Southwest Asia in support of Operation Desert Shield/Desert Storm. 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. As a...
ARMY | BCMR | CY2012 | 20120008887
On 18 December 1981, the separation authority approved the applicants request for discharge and directed that he be issued a UOTHC Discharge Certificate. On 29 November 1982, the Army Discharge Review Board (ADRB) considered the applicant's request for an upgrade of his discharge. The applicant contends that his UOTHC discharge should be upgraded to general because it was unjust.
ARMY | BCMR | CY2012 | 20120008894
BOARD DATE: 27 November 2012 DOCKET NUMBER: AR20120008894 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states: * he served in Korea during multiple periods of service from 1982 through 2000, but was never awarded the KDSM * he was on active duty until 1 March 2002 * he was assigned to the 112th Signal Battalion, which supported Operation Enduring Freedom, but he was never awarded the GWOTSM 3. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service...
ARMY | BCMR | CY2012 | 20120008898
The applicant requests, in effect, correction of his records to show he elected to transfer his education benefits to his dependents in accordance with the Transfer of Educational Benefits (TEB) provision of the Post 9/11 GI Bill. The applicant has more than 20 years of service upon his retirement, so he was eligible to transfer to either his spouse or his children (if he had completed the request before leaving military service). A service member is considered to be retirement eligible if...
ARMY | BCMR | CY2012 | 20120008899
His personal statement at that time said he detested the military, his conscience would not let him participate in any Army activity, and if he were returned to duty he would go AWOL again. A two-page personal statement to the effect that: (1) His work in Vietnam was very dangerous. He has lived in the same community for 35 years and been the public works director for over 20 years.
ARMY | BCMR | CY2012 | 20120008900
On 31 May 2005, he received counseling for his possible separation based on an adjustment disorder with depressed mood (under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17, for other designated physical or mental conditions. The evidence of record shows the applicant was assigned a P3 profile for asthma and referred to an MEB. However, there is no evidence of record and he has provided none to show he was unable to perform the...
ARMY | BCMR | CY2012 | 20120008908
The applicant requests upgrade of his discharge under other than honorable conditions. During this time he and other minority Soldiers were harassed by a sergeant first class. 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 | 20120008910
IN THE CASE OF: BOARD DATE: 6 November 2012 DOCKET NUMBER: AR20120008910 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). The DD Form 214 he was issued at the time shows he was discharged 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.
ARMY | BCMR | CY2012 | 20120008916
The applicant requests correction of his records to show award of the Purple Heart. There is nothing in several typical sources that show he was wounded in action or awarded the Purple Heart: * Item 40 (Wounds) of his DA Form 20 does not reflect a combat injury * Item 41 (Awards and Decorations) of this form does not list the Purple Heart * His available medical records do not reflect a combat injury or treatment for such injury * His name is not shown on the Vietnam casualty listing *...
ARMY | BCMR | CY2012 | 20120008930
His DA Form 2-1 shows he was in a patient status on 26 June 1971; however, item 9 (Awards, Decorations, and Campaigns) of this form does not show award of the Purple Heart. There is also no evidence that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds. 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 | CY2012 | 20120008940
On 9 March 1990, the applicant's commander notified the applicant that he was recommending that the applicant be discharged under the provisions of paragraph 15-3 of Army Regulation 635-200 (Enlisted Personnel - Personnel Separations). The Under Secretary of Defense for Personnel and Readiness memorandum, dated 20 September 2011, subject: Correction of Military Records Following Repeal of Section 654 of Title 10, U.S. Code, provides policy guidance for Service Discharge Review Boards...
ARMY | BCMR | CY2012 | 20120008943
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. 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. As a result, the Board recommends that...
ARMY | BCMR | CY2012 | 20120008945
The available evidence does not show he completed the requirements in the TEB online database prior to retirement. The evidence of record shows he was fully eligible to transfer his educational benefits under the TEB prior to his retirement on 31 January 2010, but did not do so. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he filed his application and the Army approved his request to transfer Post-9/11 GI Bill...
ARMY | BCMR | CY2012 | 20120008946
The applicant requests correction of the narrative reason and separation code shown on his discharge document. On 3 October 1995, the applicant's company commander notified him that he was recommending him for separation under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 14 (Misconduct), paragraph 14-12c, due to commission of a serious offense. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was...
ARMY | BCMR | CY2012 | 20120008948
The applicant was released from active duty for retirement on 30 April 2009 prior to the beginning date of eligibility to transfer Post-9/11 GI Bill educational benefits. Public Law 110-252, section 3319, provides the eligibility requirements necessary to transfer unused educational benefits to family members. The applicants request to correct his record to show he was eligible to transfer his Post-9/11 GI Bill benefits has been carefully considered.
ARMY | BCMR | CY2012 | 20120008950
He would have been eligible to transfer the benefits before he retired. The Transfer of Educational Benefits (TEB) online database shows the applicant has six eligible dependents enrolled in DEERS, his spouse and six children (one child is not eligible due to being born after the applicant retired) but he did not complete the requirements because he states he was unaware of the requirements prior to leaving the service. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2012 | 20120008953
On 23 March 1992, his sentence was approved and, except for the part of the sentence extending to the BCD, was directed to be executed. In accordance with Title 10, U.S. Code, section 1552, the authority under which this Board acts, the ABCMR is not empowered to set aside a conviction. The record shows that both the U.S. Army Court of Military Review and the U.S. Court of Military Appeals affirmed his sentence and upon completion of the appeals process his BCD ordered executed.
ARMY | BCMR | CY2012 | 20120008956
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from active Duty) to show: * Army Good Conduct Medal * 3 Army Achievement Medals * Nuclear, Biological, and Chemical (NBC) Officer/Noncommissioned Officer (NCO) Defense Course * Certificate of Achievement 2. Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying...
ARMY | BCMR | CY2012 | 20120008959
On 27 May 2009, the applicant was notified by the appropriate authority that action was being initiated to separate him from the ARNG by reason of entry level performance and conduct. Chapter 3 prescribes the basic eligibility for prior-service applicants for enlistment. Those individuals can best advise a former service member as to the needs of the service at the time and are responsible for processing RE code waivers.
ARMY | BCMR | CY2012 | 20120008961
There is no evidence to show the applicant received the first award of the Army Good Conduct Medal. Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received on 4 March 1971 in Vietnam; b. awarding him the first award of the Army Good...
ARMY | BCMR | CY2012 | 20120008962
d. He was awarded SQI 8 (or H (Instructor)) in March 2006. e. He adds that his Noncommissioned Officer Evaluation Reports (NCOERs) show he performed his duties in an outstanding manner during the period of his assignment at Fort Rucker and there is no adverse information in his records. b. DA Form 87 (Certificate of Training) that shows he completed the Small Group Instructor Training Course on 9 December 2005. c. DA Form 87 that shows he completed the Systems Approach to Training Basic...