ARMY | BCMR | CY2013 | 20130011650
The applicant requests correction of his WD AGO Form 53 (Enlisted Record and Report of Separation Honorable Discharge) to show his last name as N____. 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. Based on the available records and the fact that the applicant changed his name after...
ARMY | BCMR | CY2013 | 20130011653
He had served 6 years and 9 months of active service and his DD Form 214 issued at the time of his REFRAD shows he served 1 year, 6 months, and 1 day of foreign service in item 12f (Foreign Service) and that he was awarded the Army Achievement Medal (2nd Award), Global War on Terrorism Service Medal, Army Good Conduct Medal, National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, North Atlantic Treaty Organization...
ARMY | BCMR | CY2013 | 20130011656
Section III (Service Data) of his Enlisted Record Brief shows his next AGCM eligibility date as 3 January 2013. He was awarded the AGCM (1st Award) for the period 4 January 2007 to 3 January 2010 and his records show he completed a second 3-year period of qualifying service for award of the AGCM from 4 January 2010 to 3 January 2013. 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 (2nd Award)...
ARMY | BCMR | CY2013 | 20130011657
The applicant requests that his general discharge be upgraded to a fully honorable discharge. On 30 August 1979 he was honorably discharged for the purpose of immediate reenlistment. There is no evidence in the available records to show that he applied to the Army Discharge Review Board for an upgrade of his discharge within that boards 15-year statute of limitations.
ARMY | BCMR | CY2013 | 20130011659
The separation authority approved the recommendation for discharge of the applicant and directed that the applicant be discharged under the provisions of Army Regulation 635-200, chapter 14, with an under other than honorable conditions discharge. c. Chapter 3, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. There is no evidence of record that supports the applicant's contention that he was assaulted during the period of service...
ARMY | BCMR | CY2013 | 20130011661
He was sentenced to confinement at hard labor for 4 months, a forfeiture of pay, and a bad conduct discharge. There is no evidence he applied to the Army Discharge Review Board within its 15-year statute of limitations for an upgrade of his discharge. His conviction and discharge were effected in accordance with applicable laws and regulations and the discharge appropriately characterizes the misconduct for which he was convicted.
ARMY | BCMR | CY2013 | 20130011664
On 16 May 1980, he was discharged accordingly. There is no evidence in the applicant's military service records that shows he was coerced into requesting discharge in lieu of court-martial. The applicants request for upgrade of his discharge was carefully considered and it was determined there is insufficient evidence to support his request.
ARMY | BCMR | CY2013 | 20130011665
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the spelling of his first name as "Scott." 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. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2013 | 20130011671
However, her records include a DD Form 214 showing she was discharged on 24 July 1992 under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 14-12c, by reason of misconduct abuse of illegal drugs. Individuals in pay grades E-5 and above must be processed for separation upon discovery of a drug offense. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable...
ARMY | BCMR | CY2013 | 20130011674
He provides a certificate, dated 11 August 1969, showing he was awarded the Purple Heart for wounds received in action on 10 August 1969 in Vietnam. 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 all Department of the Army records of the individual concerned be corrected by: * awarding him the Army...
ARMY | BCMR | CY2013 | 20130011680
The applicant acknowledged she had been advised of the basis for the contemplated action to separate her and requested consideration of her case by an administrative separation board. Army Regulation 135-18 (Army National Guard and Army Reserve The AGR Program), chapter 5 (Separations), states enlisted USAR Soldiers released from active duty while serving in the AGR Program under the provisions of Title 10, U.S. Code, are subject to separation under the provisions of Army Regulation...
ARMY | BCMR | CY2013 | 20130011681
The evidence of record shows he was awarded 91C as his PMOS on 28 March 1969. Therefore, his records should be corrected 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: a. adding to item 2 of his DD Form 214 "12937701"; b. changing item 23a of his DD Form 214 to read "91C2O;" c. deleting from his DD Form 214 the VSM and the BSM (1st Oak Leaf Cluster); d. adding to his DD Form 214 the: * BSM...
ARMY | BCMR | CY2013 | 20130011684
The applicant requests correction of his DD Form 214 (Armed Forces of The United States Report of Transfer or Discharge) to show his social security number (SSN) as 423-XX-XXXX instead of 432-XX-XXXX. 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 applicant is advised that a copy of...
ARMY | BCMR | CY2013 | 20130011688
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. Therefore, he served a period of qualifying service for award of the RVN Campaign Medal with Device (1960) and correction of his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records...
ARMY | BCMR | CY2013 | 20130011690
The applicant requests that his reentry eligibility (RE) code be changed from RE-3 to RE-1. The applicant states that based on the fact he was discharged with a KBK (Completion of Required Active Service) separation program designator (SPD) code at the expiration of his term of service and his service was honorable, he should not have received an RE code of "3." Army Regulation 601-210 (Active and Reserve Components Enlistment Program) states that prior to discharge or release from active...
ARMY | BCMR | CY2013 | 20130011691
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. His service was exemplary during his assignment in Vietnam and during his 22 years in the Army. The separation authority approved the applicant's request for discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial with a UOTHC discharge.
ARMY | BCMR | CY2013 | 20130011695
The evidence of record shows that the applicant served on active duty until his ETS, which included making up the 3 days of lost time. Accordingly, in view of the current standards for discharges for individuals who complete their term of service, a discharge under honorable conditions would be unduly harsh. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. correcting his DD Form 214 to show his characterization of...
ARMY | BCMR | CY2013 | 20130011696
BOARD DATE: 13 March 2014 DOCKET NUMBER: AR20130011696 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) to show award of the Expert Infantryman Badge (EIB). 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...
ARMY | BCMR | CY2013 | 20130011697
The applicant requests correction of his social security number (SSN) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). His military records, to include his 30 April 1970 separation orders, show his SSN as XXX-XX-8368. DISCUSSION AND CONCLUSIONS: The evidence indicates an administrative error was made when recording the applicant's SSN on his DD Form 214.
ARMY | BCMR | CY2013 | 20130011698
A review of his official records failed to show any evidence of the applicant being awarded the AAM. Therefore, without orders awarding him the AAM, there appears to be no basis to add the award of the AAM to his DD Form 214. _____________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 | 20130011703
The applicant requests an upgrade of his discharge under conditions other than honorable. However, his records include a DD Form 214 showing he was discharged on 21 April 1972 for the good of the service under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10. The complete facts and circumstances of his discharge are not available; however, his record shows he was AWOL for 338 days, an offense for which he could have been tried by...
ARMY | BCMR | CY2013 | 20130011704
The applicant requests correction of his 1991 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in: * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), the Bronze Star Medal with "V" Device (2nd Award) * Item 14 (Military Education), completion of Special Forces Training 2. The applicant provides: * DD Forms 4 (Enlistment Contract), dated 9 May 1969 and 14 May 1970 * DA Form 2-1 (Personnel Qualification Record) * DD Form...
ARMY | BCMR | CY2013 | 20130011706
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty to show award of the Defense Superior Service Medal (DSSM). The applicant provides: * retirement orders * DSSM Certificate, Citation, and orders * DD Form 214 CONSIDERATION OF EVIDENCE: 1. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding award of the DSSM to his DD Form 214.
ARMY | BCMR | CY2013 | 20130011707
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * His service in Bosnia * Army Achievement Medal (AAM) * Army Commendation Medal (ARCOM) * North Atlantic Treaty Organization (NATO) Medal 2. It shows he was awarded the AAM for meritorious achievement while deployed to Bosnia-Herzegovina in support of Operation Joint Endeavor from 14 February 1996 to 20 August 1996. The evidence of record shows he served in Bosnia in...
ARMY | BCMR | CY2013 | 20130011709
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. There is no evidence in the available records to show that he applied to the Army Discharge Review Board for an upgrade of his discharge within that boards 15-year statute of limitations. The applicant's contentions have been noted; however, he did not provide sufficient evidence to warrant an upgrade of his...
ARMY | BCMR | CY2013 | 20130011712
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Achievement Medal (AAM) (2nd Award), Korea Defense Service Medal (KDSM), Iraq Campaign Medal (ICM), Valorous Unit Award (VUA), and Army Good Conduct Medal (AGCM) and her deployment to Iraq. Therefore, as a matter of equity she should be awarded the AGCM (1st Award) for the period 19 July 2001-18 July 2004 and it should be added to her DD Form 214. The...
ARMY | BCMR | CY2013 | 20130011717
He was further advised that continued processing of his request for award of the Purple Heart based on hearing loss was contingent upon him providing two eyewitness statements describing the circumstances in which his hearing was compromised. On 19 February 2013, officials from the Awards and Decorations Branch, HRC denied the applicant's request for award of the Purple Heart and advised him to seek relief with the Army Board for Correction of Military Records (ABCMR). Notwithstanding his...
ARMY | BCMR | CY2013 | 20130011720
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show all of his authorized awards, to include: * United Nations Service Medal * Army Good Conduct Medal * Unit awards * Foreign awards * Combat awards 2. The available evidence is sufficient to show the applicant served during a qualifying period for the following awards which should be shown on his DD Form 214: * Two bronze service stars to be affixed to his Korean...
ARMY | BCMR | CY2013 | 20130011721
He provided copies of the following: * Orders Number 170-1013, issued by the CAARNG, dated 18 June 2014, promoting him to CPT effective 14 June 2012 * email correspondence between himself and a staff member of the CAARNG, dated 23 and 24 July 2012, which pertained to the status of his promotion packet * An OPM update, dated 24 July 2012, which advised him to apply to the ABCMR for an adjustment of his DOR of CPT * Special Orders Number 367 AR, issued by the NGB, dated 19 October 2012,...
ARMY | BCMR | CY2013 | 20130011723
The applicant provides his: * DD Form 214 * DD Form 4 (Enlistment Record, Armed Forces of the United States) * DA Form 24 (Service Record) * DA Form 20 (Enlisted Qualification Record) * Service medical and dental records CONSIDERATION OF EVIDENCE: 1. The records show this was for his service in Vietnam. Adding the following awards to his DD Form 214: * Army Good Conduct Medal (First Award) * Meritorious Unit Commendation (Army) * National Defense Service Medal * Armed Forces Expeditionary...
ARMY | BCMR | CY2013 | 20130011724
As he was authorized to ship 18,000 lbs of HHG, he exceeded his authorized weight by 6,700 lbs and incurred a debt of $8,183.18. The PPSO must request a reweigh for shipments exceeding the JFTR weight allowance. The evidence of record confirms the applicant was properly notified on 24 September 2010, when his HHG were picked up from his residence in Virginia, that his HHG had a total net weight of 28,680 lbs.
ARMY | BCMR | CY2013 | 20130011725
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. 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 Soldiers completing their term of active service who are...
ARMY | BCMR | CY2013 | 20130011727
Application for correction of military records (with supporting documents provided, if any). The applicant provides: * DD Form 214 for the period ending 9 July 1959 * Headquarters, 7th Infantry Division Hunting Permit, dated 24 September 1957 * Memorandum, National Personnel Records Center (NPRC), St. Louis, MO, dated 30 May 2013 CONSIDERATION OF EVIDENCE: 1. The applicant's military records are not available to the Board for review.
ARMY | BCMR | CY2013 | 20130011728
In effect, she requests correction of the FSM's records to show he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP) for former spouse coverage and payment of the SBP annuity based on the FSM's death. Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage (without the members agreement) in those cases where the retiree had elected spouse coverage at retirement or was still on active duty and had not yet made an SBP election. ...
ARMY | BCMR | CY2013 | 20130011730
He did not know he was suffering from PTSD and the onset started in 1970 while he was serving in Vietnam. His records show he served honorably until that period of service. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), currently in effect, sets forth the basic authority for the separation of enlisted personnel.
ARMY | BCMR | CY2013 | 20130011731
A service member is considered to be retirement eligible if he or she has completed 20 years of active duty or 20 qualifying years of Reserve service. The applicant was fully eligible to transfer his educational benefits under the TEB provision of the Post-9/11 GI Bill prior to retirement, but he 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 the applicant filed his application and the Army...
ARMY | BCMR | CY2013 | 20130011732
The evidence of record shows: a. the applicant qualified for award of the National Defense Service Medal; b. the applicant qualified for award of the Korean Service Medal and he served in three campaigns during his service in Korea. Thus, he is entitled to three bronze service stars for wear on his already-awarded Korean Service Medal; c. the applicant qualified for award of the Republic of Korea War Service Medal; and d. general orders awarded the applicant's unit the ROK PUC. As a...
ARMY | BCMR | CY2013 | 20130011733
He provided the following documents which show: Document Date(s) Action Orders 032-733 1 February 2010 he deployed to Afghanistan on 1 April 2010 in support of Operation Enduring Freedom OER 14 November 2009 through 30 June 2010 he was rated as a brigade behavioral health officer while he was assigned to Company C, 10th Brigade Support Battalion, 10th Mountain Division DA Form 4187 12 September 2010 his company commander recommended him for award of the CMB for action on 4 October 2010 DA...
ARMY | BCMR | CY2013 | 20130011735
The applicant contends that his records should be corrected to show he elected to transfer his Post-9/11 GI Bill educational benefits to his daughter because he submitted a request for TEB on 15 January 2013; however, 3 days after he separated, he was informed that his request for TEB was not completed. The evidence of record shows the applicant was fully eligible to transfer his educational benefits under the TEB prior to retirement, but he did not do so. Thus, the applicant retired from...
ARMY | BCMR | CY2013 | 20130011737
On 12 November 1987, the applicant's commander initiated a local Bar to Reenlistment Certificate, recommending that the applicant be barred from reenlistment based on his NJP for wrongful use of marijuana. The form further shows: * he acknowledged that he received a copy of his commander's recommendation to bar him from further reenlistment * he was counseled and advised of the basis for the action * he indicated he did not desire to submit a statement in his own behalf * the bar to...
ARMY | BCMR | CY2013 | 20130011741
The applicant requests 7 months of Retroactive Stop Loss Special Pay (RSLSP) for the period 1 October 2008 to 17 April 2009. He enlisted in the NYARNG on 18 April 2009 for a period of 6 years. The applicant requested RSLSP and in spite of the fact that his ETS date was established as 11 March 2008, he was paid RSLSP for the period February 2008 through September 2008.
ARMY | BCMR | CY2013 | 20130011742
The applicant requests correction of the records of her late husband, a former service member (FSM), as follows: * by showing he timely elected to change his election in the Reserve Component Survivor Benefit Plan (RCSBP) from spouse to former spouse coverage on 19 November 1994 * by showing the Defense Finance and Accounting Service (DFAS) timely processed this change in election * by paying her an SBP annuity as the former spouse retroactive to the date of the FSM's death on 6 March...
ARMY | BCMR | CY2013 | 20130011743
The FSM's record is void of the facts and circumstances surrounding his discharge; however, his record contains a DD Form 214 which shows he was discharged in pay grade E-1 on 10 September 1980, under the provisions of Army Regulation 635-200 (Personnel Separations, Enlisted Separations), chapter 10 (in lieu of trial by court-martial). On 21 October 1981, the Army Discharge Review Board denied the FSM'S request for an upgrade of his discharge. While the Board is sympathetic to the...
ARMY | BCMR | CY2013 | 20130011745
There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. The applicant requests his discharge be upgraded to honorable because the punishment was too severe based on his overall service record. A review of his military personnel record shows that the applicant's service was commendable.
ARMY | BCMR | CY2013 | 20130011747
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) to show his race as "Native American." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 18 of his WD AGO Form 53-55 as follows: * deleting the "X" in the "White" block * placing an "X" in the...
ARMY | BCMR | CY2013 | 20130011748
The applicant's complete military records are not available for review. The applicant' record contains a DD Form 214 (Report of Separation from the Armed Forces of the United States) which shows that he was inducted into the Army of the United States on 20 November 1951. Absent evidence that conclusively shows the applicant sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a...
ARMY | BCMR | CY2013 | 20130011749
Application for correction of military records (with supporting documents provided, if any). Notwithstanding the applicant's sincerity, the available record does not contain any evidence, nor did he provide sufficient evidence, that establishes his service in Korea or any adjacent areas while under the operational control of CINCFE during a qualifying period for award of the KSM. The evidence of record shows he served a qualifying period of service for award of the NDSM; therefore, his DD...
ARMY | BCMR | CY2013 | 20130011751
The applicant requests the Valorous Unit Award (VUA) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 2 June 1972. He also provides a DD Form 215, dated 7 March 2013, which amended his DD Form 214 by deleting the Vietnam Service Medal and adding the: * Presidential Unit Citation * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Vietnam Service Medal with three bronze service...
ARMY | BCMR | CY2013 | 20130011753
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 military records with exception of his DD Form 214 show his SSN as XXX-XX-8411. DISCUSSION AND CONCLUSIONS: The evidence indicates an administrative error was made when recording the applicant's SSN on his DD Form 214.
ARMY | BCMR | CY2013 | 20130011756
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Subject to limitations in this manual, the sentence to be adjudged is a matter within the discretion of the court-martial; except when a mandatory minimum sentence is prescribed by the code, a court-martial may adjudge any punishment authorized in this manual, including the maximum punishment or any lesser punishment, or may adjudge a sentence of no punishment. However, the 2012 Manual for Courts-Martial provides that a court-martial may...