ARMY | BCMR | CY2013 | 20130001798
IN THE CASE OF: BOARD DATE: 20 August 2013 DOCKET NUMBER: AR20130001798 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his character of service be changed from under other than honorable conditions (UOTHC) to an honorable discharge (HD). However, his record contains a duly-constituted DD Form 214 that shows he was discharged on 27 September 1982 under the provisions of chapter 10 of Army Regulation 635-200 (Personnel Separations) in lieu of a court-martial with...
ARMY | BCMR | CY2013 | 20130001799
Records show the applicant's permanent disability retirement was approved on 2 February 2011 under the provisions of Army Regulation 635-40. The evidence of record shows the appropriate separation documents were issued at the time the applicant was REFRAD on 18 September 2006 and when he was placed on the Retired List based on permanent physical disability effective 8 March 2012. There is no evidence that the applicant was permanently retired from active duty on 18 September 2006 under the...
ARMY | BCMR | CY2013 | 20130001802
He continued his rehabilitation and/or physical therapy until March 2010 when his leg went numb and he had severe back pain. The applicant contends he should have been diagnosed with the medical conditions of PTSD and TBI at the time of his disability retirement in April 2011 and thus awarded an additional finding of unfitness and compensation. In November 2010, an informal PEB found his back condition was unfitting and rated it as 40-percent disabling.
ARMY | BCMR | CY2013 | 20130001803
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to properly reflect his temporary assignment with the 24th Infantry Division while he was serving his country in Iraq during Operation Desert Storm from 24 February to 1 March 1991. The evidence of record confirms the applicant served honorably on active duty during the period 28 August 1986 through 27 May 1991. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2013 | 20130001804
The applicant's record does not contain a DD Form 214 for his period of active RA service. If no DD Form 214 is available, a statement of service or transcript of military record will be issued. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing the applicant an appropriate form to document his RA service from 8 March 1966 through 7 March 1969.
ARMY | BCMR | CY2013 | 20130001806
The applicant requests an upgrade of his under other than honorable conditions discharge. The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows he was discharged for the good of the service, in lieu of trial by a court-martial with a character of service of under other than honorable conditions. __________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...
ARMY | BCMR | CY2013 | 20130001807
The Western Union telegram and the award certificate which show the applicant was wounded in action on 4 June 1970 in Vietnam are accepted as sufficient evidence on which to base adding the Purple Heart to his DD Form 214. The applicant served in Vietnam during a qualifying period; therefore, he is entitled to correction of his DD Form 214 to show this unit award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding...
ARMY | BCMR | CY2013 | 20130001808
The applicant provides his DD Form 214, orders, and an award citation. His records contain a DD Form 215 (Correction to DD Form 214 - Certificate of Release or Discharge from Active Duty), dated 17 May 2012, issued by HRC, wherein it added the Distinguished Flying Cross to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 18 January 1971 as follows: * deleting...
ARMY | BCMR | CY2013 | 20130001812
Application for correction of military records (with supporting documents provided, if any). His DA Form 2-1 (Personnel Qualification Record) shows in item 21 (Time Lost) the following entries: * 7 December 1989 to 16 January 1990, 40 days of civilian confinement * 9 March, civilian confinement * 23 March 1990, confined by civil authorities 6. His DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200, paragraph 14-12c, by reason of misconduct-commission of a...
ARMY | BCMR | CY2013 | 20130001814
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. He departed Vietnam on 30 April 1968 for assignment to Fort Jackson, where he served as a first cook until he was honorably released from active duty (REFRAD) on 12 December 1969. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.
ARMY | BCMR | CY2013 | 20130001815
The applicant requests reconsideration of the Board's denial of his previous request for: * removal of a General Officer Memorandum of Reprimand (GOMOR) from his U.S. Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File) * in the alternative, transfer of the GOMOR from the performance section to the restricted section of his AMHRR * a personal appearance * reimbursement of the money that was recouped from him ($9,112.00) * the opportunity to...
ARMY | BCMR | CY2013 | 20130001817
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) as follows: * item 17c (Date of Entry) to show 14 October 1968 vice 14 October 1950 * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to show the Purple Heart and Air Medal * item 25 (Education and Training Completed) to show his education 2. Army Regulation 672-5-1 (Military Awards), in effect at the time,...
ARMY | BCMR | CY2013 | 20130001823
Application for correction of military records (with supporting documents provided, if any). Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings at all of his active duty assignments. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the AGCM (1st award) for the period 18 October 1965 through 17 October...
ARMY | BCMR | CY2013 | 20130001826
The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time shows he was discharged under the provisions of chapter 10 of Army Regulation 635-200, for the good of the service - in lieu of trial by a court-martial with a character of service of under other than honorable conditions. Although an honorable or general discharge is authorized, an under other than honorable conditions discharge is normally considered appropriate. Therefore, he is...
ARMY | BCMR | CY2013 | 20130001830
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that he be allowed to transfer his educational benefits to his daughter under the transfer of educational benefits (TEB) provision of the Post-9/11 GI Bill. The applicant states he did not have the option to transfer the benefits while he was on active duty.
ARMY | BCMR | CY2013 | 20130001831
He states a Retirement Services Officer made an error on the DD Form 2656 (Data for Payment of Retired Personnel) submitted to the Defense Finance and Accounting Service (DFAS). It appears that, if not for the erroneous election of two beneficiary categories on the DD Form 2656 he submitted, DFAS would have accepted the applicant's request to establish SBP coverage. In view of the available evidence, it would be appropriate to correct the applicant's record to show he submitted a request...
ARMY | BCMR | CY2013 | 20130001832
The applicant requests correction of his records to show award of the Army Good Conduct Medal (AGCM). Army Regulation 600-65 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3...
ARMY | BCMR | CY2013 | 20130001837
The applicant requests correction of her records to show she was injured while on active duty and issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) for this period of active duty. On 15 November 1982, the appropriate discharge authority directed the applicant be discharged from the Army. Army Regulation 635-5 (Separation Documents), paragraph 2-1 states that the DD Form 214 is a summary of a Soldiers most recent period of continuous active duty.
ARMY | BCMR | CY2013 | 20130001839
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 3 October 1988, the applicants commander recommended separation from the service under the provisions of Army Regulation 635-200, Chapter 14, for a pattern of misconduct. Accordingly, on 29 November 1988, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 14, due to a pattern of misconduct with a general discharge.
ARMY | BCMR | CY2013 | 20130001846
Since he has been retired longer than 6 years, in order to receive the full amount of retired back pay due, he would have to request relief from the Army Board for Correction of Military Records. The evidence of record also shows DFAS corrected his retired pay, confirmed his entitlement to back pay, and adjusted his retired pay. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: showing the applicant's military retired pay...
ARMY | BCMR | CY2013 | 20130001847
The applicant requests relief from the 6-year barring statute and payment of her full retired pay entitlements effective 1 March 2000, the date she was placed on the Retired List. The letter provided by the applicant from the FLARNG, dated 12 December 2012, states the applicant was one of many notified in 2011 that there was an error in their military pay accounts and who were not receiving full relief of monies owed due to DFAS having imposed the 6-year barring statute. As a result, the...
ARMY | BCMR | CY2013 | 20130001848
The applicant requests relief from the 6-year barring statute and payment of his full retired pay entitlements effective the date he was placed on the Retired List (1 July 1998). The letter provided by the applicant from the FLARNG, dated 12 December 2012, indicates the applicant was one of many who were notified in 2011 of an error in their military pay accounts and they were not receiving full relief of monies owed due to DFAS imposing the 6-year barring statute. As a result, the Board...
ARMY | BCMR | CY2013 | 20130001851
The applicant requests his general discharge be upgraded to an honorable discharge. On 27 April 1993, the applicants company commander initiated action to separate the applicant under the provisions of Army Regulations 635-200 (Personnel Separations Enlisted Separations), chapter 14, with a general discharge, for wrongfully using marijuana. There is no evidence the applicant applied to the Army Discharge Review Board within its 15-year statute of limitations for an upgrade of his discharge.
ARMY | BCMR | CY2013 | 20130001852
The applicant requests an upgrade of his Bad Conduct Discharge (BCD). He completed 2 years, 3 months, and 13 days of net active service this period with 11 months and 7 days of time lost due to being absent from his unit and confinement. The applicant petitioned the Army Discharge Review Board (ADRB) for upgrade of his discharge.
ARMY | BCMR | CY2013 | 20130001853
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. The policy states, in part, that those who retire on or before 1 August 2009 are, by law, not eligible to transfer unused Post-9/11 GI Bill benefits because their last day of duty will be 31 July 2009 and they will transfer to the Retired...
ARMY | BCMR | CY2013 | 20130001854
Records show the applicant was 20 years of age at the time of her offenses. However, there is no evidence that indicates the applicant was any less mature than other Soldiers of the same age who successfully completed military 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 Records in this case.
ARMY | BCMR | CY2013 | 20130001855
IN THE CASE OF: BOARD DATE: 17 September 2013 DOCKET NUMBER: AR20130001855 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 8 February 1966 to show award of the Army Commendation Medal. U.S. Army Reserve Personnel Command, St. Louis, MO, Orders P-06-303705, dated 1 June 2000, retired him and placed him on the Retired List in the grade of sergeant...
ARMY | BCMR | CY2013 | 20130001856
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. 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...
ARMY | BCMR | CY2013 | 20130001857
On 4 October 1971, the separation authority approved the applicants discharge under the provisions of chapter 13 of Army Regulation 635-200 and directed that he be issued a General Discharge Certificate. The DD Form 214 he was issued shows he was discharged under the provisions of Army Regulation 635-200 by reason of unsuitability with Separation Program Number 264 (character and behavior disorder) with a character of service of under honorable conditions (general). When separation for...
ARMY | BCMR | CY2013 | 20130001859
On 7 December 2000, he was reduced to the pay grade of E-6 for misconduct. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) provides, in pertinent part, that the reduction authority for Soldiers in the AGR Program rests with commanders in the grade of colonel or higher for enlisted grades of E-7 and above and commanders in the grade of lieutenant colonel or higher for pay grade E-6 and E-5. While the applicant indeed served as an SFC/E-7 for over 13 years, he subsequently was...
ARMY | BCMR | CY2013 | 20130001860
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Joint Service Commendation Medal (JSCM). The applicant provides a copy of his JSCM Certificate which shows the medal was awarded by General Order Number D7-1288-12. The DD Form 214 provides a clear-cut record of active service at the time of release from active duty, retirement or discharge.
ARMY | BCMR | CY2013 | 20130001862
The applicant states, in effect, that she remarried and desires her records reflect her new last name. She had served 20 years and 20 days of active service and was serving under the last name that is reflected on her DD Form 214. The applicant is advised that a copy of this decisional document will be filed in her Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File.
ARMY | BCMR | CY2013 | 20130001866
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. Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F,...
ARMY | BCMR | CY2013 | 20130001869
Item 31 (Foreign Service) he arrived in Vietnam on 12 May 1970; c. Item 38 (Record of Assignments) he was assigned to Company G, 75th Infantry (Rangers) from 29 May 1970 through 15 January 1971; d. Item 38 he received all "excellent" conduct and efficiency ratings except for "unknown" ratings during training; and e. Item 41 (Awards and Decorations) his marksmanship qualification badges included the: * Expert Marksmanship Qualification Badge with Mortar Bar * Sharpshooter Marksmanship...
ARMY | BCMR | CY2013 | 20130001871
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she entered active duty from St. Louis, Missouri (MO), vice St. Louis, Illinois (IL). Based on the available evidence, it appears that an administrative error was made with respect to the entry for item 7a of her DD Form 214 (i.e., "IL" was erroneously entered as the state instead of "MO"). Therefore, it would be appropriate to correct the applicant's DD Form 214 to show she...
ARMY | BCMR | CY2013 | 20130001873
At the time of his enlistment and throughout his active duty service the applicant's SSN was recorded as "XXX-74-XXXX." However, at the time of his REFRAD his DD Form 214 was prepared indicating a strike-over in the entry for his SSN. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 and Letter Orders Number 11-1260050, dated 3 November 1971, to show his SSN as recorded at the time of his enlistment.
ARMY | BCMR | CY2013 | 20130001875
Application for correction of military records (with supporting documents provided, if any). The evidence shows he was not married in January 2004 and he elected SBP coverage for children only on 13 July 2004. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing he properly and timely elected SBP coverage for children only prior to his disability retirement on 20 January 2004; b. showing his DD Form 2656 was...
ARMY | BCMR | CY2013 | 20130001877
The applicant requests an upgrade of his general discharge under honorable conditions and credit for his overseas service. His general discharge is commensurate with his overall record of military service. There is no evidence of record and the applicant did not provide any evidence that supports his contention that he served overseas during his period of active service.
ARMY | BCMR | CY2013 | 20130001878
The applicant provides: * Orders 241-0001, dated 29 August 2005 * A DA Form 2173 (Statement of Medical Examination and Duty Status) * Department of Defense (DOD) Physical Disability Board of Review (PDBR) decision * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Orders 058-809 (Retired Reserve orders) * DA Form 199 (Physical Evaluation Board (PEB) Proceedings) * DA Form 3947 (Medical Evaluation Board (MEB) Proceedings) CONSIDERATION OF EVIDENCE: 1. It does not mean...
ARMY | BCMR | CY2013 | 20130001880
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 19 February 2010, the separation authority approved the applicant's voluntary request for discharge and directed the issuance of an under other than honorable conditions discharge. Army Regulation 635-200 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.
ARMY | BCMR | CY2013 | 20130001881
The applicant states personnel at the Agana, Guam military entrance processing station accidently used the home address he lived at while inprocessing; however, his actual home of record was Tofol, Kosrae FM. The evidence of record contains enlistment contracts authenticated by the applicant at the time of his enlistment in the Regular Army in 2010 showing his HOR as an address in Barrigada, Guam. The available records do not show a break in service of more than one full day subsequent to...
ARMY | BCMR | CY2013 | 20130001883
Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were all excellent. The applicants records do not contain any evidence of disciplinary action. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service. As a result, the Board recommends that all Department...
ARMY | BCMR | CY2013 | 20130001884
The applicant requests that he be allowed to transfer his educational benefits to his son under the transfer of educational benefits (TEB) provision of the Post-9/11 GI Bill. The applicant provides no additional evidence. The applicant was fully eligible to transfer his education benefits to his dependents under the TEB provision of the Post 9/11 GI Bill prior to retirement, but the available evidence does not adequately show that he did so.
ARMY | BCMR | CY2013 | 20130001887
IN THE CASE OF: BOARD DATE: 15 October 2013 DOCKET NUMBER: AR20130001887 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Counsel requests an upgrade of the applicant's: * bad conduct discharge (BCD) to an honorable discharge * narrative reason for separation * reentry (RE) code of "4" to "1" 2. As a result, clemency is not warranted in this case.
ARMY | BCMR | CY2013 | 20130001891
Counsel requests that his records be corrected to reflect that he does not owe any ROTC debt as a matter of law and equity because he was wrongfully disenrolled from the ROTC, that he is entitled to continue in the ROTC program at Northeastern University and graduate from the ROTC Program and that he be commissioned as a second lieutenant in the U.S. Army or as an alternative, that he be allowed to reimburse the U.S. Government by entering the Army and serving on active duty as an enlisted...
ARMY | BCMR | CY2013 | 20130001892
Application for correction of military records (with supporting documents provided, if any). Although an honorable or general discharge is authorized, a discharge UOTHC was considered appropriate at the time. Based on his record of misconduct, including offenses which could have resulted in a punitive discharge, the applicant's service clearly did not meet the standards of acceptable conduct and performance of duty for Army personnel.
ARMY | BCMR | CY2013 | 20130001893
Headquarters, 24th Infantry Division (Mechanized) and Fort Riley, Special Court-Martial Order Number 9, dated 4 August 2005, shows the applicant's sentence had been affirmed and the sentence adjudging confinement in excess of 90 days was suspended for 90 days at which time it would be remitted. His DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 3, by reason of court-martial with a bad conduct...
ARMY | BCMR | CY2013 | 20130001899
He states he served in the Army from 9 July 1985 to 21 July 1988 and received an honorable discharge. On 9 July 1986, the separation authority approved the recommendation to eliminate the applicant from the service under the provisions of Army Regulation 635-200, paragraph 14-12c. He claims to have served honorably from 9 July 1985 to 21 July 1988.
ARMY | BCMR | CY2013 | 20130001900
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. The applicants request for an upgrade of his discharge was carefully considered; however, there is insufficient evidence to support his request. The ABCMR does not grant requests for discharge upgrades solely for the purpose of making an...
ARMY | BCMR | CY2013 | 20130001902
Application for correction of military records (with supporting documents provided, if any). There is no evidence in the available records to show the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. Although an honorable or general discharge is authorized, an undesirable discharge was considered appropriate at the time.