Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001062831C070421
Original file (2001062831C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 11 April 2002
         DOCKET NUMBER: AR2001062831


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Antoinette Farley Analyst


The following members, a quorum, were present:

Ms. Margaret K. Patterson Chairperson
Mr. Elzey J. Arledge Member
Mr. Richard T. Dunbar Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests, in effect, that Item 18 (remarks) on his DD Form
214 (Certificate of Release or Discharge from Active Duty), be corrected to show that his Active Guard/Reserve (AGR) Tour ending 30 April 1996, was Federal Service. He also wants the Meritorious Service Medal, shown on his orders as a Significant Award.

3. The applicant states, in effect, that if his AGR tour is authorized under Title
10 United States Code (USC) 672(d) he will be entitled to Veterans Educational Benefits. He submits copies of his orders from the Army National Guard placing him on active duty and releasing him from active duty. He also submits a copy of the Meritorious Service Medal certificate, issued to him on 7 April 1995.

4. The available records show that he voluntarily entered active duty for 3 years on 4 June 1993 under the provisions of 10 USC 672(d). He was honorably released from AGR status on 30 April 1995, by reason of voluntary early retirement.

CONCLUSIONS:

1. Evidence of record shows that the applicant served in the AGR under 10 USC 672(d). Therefore, he is entitled to have his records corrected to show this fact in the remarks section of his DD Form 214 dated 30 April 1995.

2. Additionally, the applicant was awarded the Meritorious Service Medal during his last period of enlistment. Accordingly, the applicant is entitled to correction of his separation orders.

3. In view of the foregoing, findings and conclusions correcting the applicant’s record as recommended below will rectify an injustice.

RECOMMENDATION
:

That all of the Department of the Army records related to this case be corrected by:

a. adding to Item 18 on his DD Form 214, the following:
“Active Guard/Reserve (AGR) Tour ending 30 April 1996, was Federal Service under 10 USC 672(d).”








b. by correcting his separation orders number 57-14 dated 21 October 1994 to show, “Yes, Meritorious Service Medal” under “Significant Awards.”

BOARD VOTE
:


___MKP__ __EJA___ ___RTD GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION


                  _Margaret K. Patterson___
                  CHAIRPERSON







INDEX


CASE ID AR2001062831
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020411
TYPE OF DISCHARGE (HD)
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.

Similar Decisions

  • ARMY | BCMR | CY2001 | 2001053043C070420

    Original file (2001053043C070420.rtf) Auto-classification: Denied

    On 19 July 1996, 17 July 1997, and 27 May 1998, the applicant was notified by letter, signed by the IDARNG Adjutant General, that he had been considered by annual selective retention boards which recommended him among the best qualified for continued retention in the IDARNG. The National Guard Bureau Personnel Division rendered an opinion that the applicant’s record was properly reviewed by a State Adjutant General Selective Retention Board and he was not selected for retention. ...

  • ARMY | BCMR | CY2007 | 20070013144

    Original file (20070013144.TXT) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 January 2008 DOCKET NUMBER: AR20070013144 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Evidence of record shows that the applicant was awarded three awards of Army Achievement Medal during his military service. As a result, the Board recommends that all Department of the Army records of the individual...

  • ARMY | BCMR | CY2015 | 20150000245

    Original file (20150000245.txt) Auto-classification: Denied

    The applicant requests correction of the narrative reason for separation on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 25 May 1999 from "Voluntary early release in the best interest of the government" to "Expiration of term of service, honorable discharge." His DD Form 214 also shows: * he completed 8 years, 7 months, and 28 days of active service * Item 25 (Separation Authority), Army Regulation 635-200 (Personnel Separations – Enlisted...

  • ARMY | BCMR | CY2005 | 20050012332C070206

    Original file (20050012332C070206.doc) Auto-classification: Approved

    The applicant requests, in effect: a. his records be corrected to show he was retained on active duty due to sanctuary and given a 20-year length of service retirement; b. in the alternative, his records be corrected to show he was retained on active duty due to sanctuary and given a medical retirement on an appropriate date determined by the Army Board for Correction of Military Records (ABCMR); c. his DA Form 2173 (Statement of Medical and Line of Duty Status) initiated on 20 December 1994...

  • ARMY | BCMR | CY2002 | 2002074797C070403

    Original file (2002074797C070403.rtf) Auto-classification: Denied

    APPLICANT REQUESTS: In effect, that two Noncommissioned Officer Evaluation Reports (NCOERs) be expunged from his records and that his records be corrected to reflect that he was retired from active Federal service or that his Active/Guard Reserve (AGR) tour be reinstated to enable him to complete sufficient active service for retirement purposes. On 21 November 1995 the applicant initiated an appeal of the two adverse evaluation reports. If it is determined that the soldier is not eligible...

  • ARMY | BCMR | CY2013 | 20130022195

    Original file (20130022195.txt) Auto-classification: Denied

    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. USAR Personnel Command Orders R-09-006238, dated 13 September 1999, ordered him to active duty in an Active Guard Reserve (AGR) status and assignment to the 301st Quartermaster Company, Grand Rapids, MI, as a supply sergeant under the provisions of Title 10, USC, section 12301(d), for an active duty commitment of...

  • ARMY | BCMR | CY2011 | 20110004587

    Original file (20110004587.txt) Auto-classification: Denied

    Counsel states the applicant's claims warrant a more comprehensive analysis by the Army Board for Correction of Military Records (ABCMR), specifically: * whether, under the terms of the 2004 version of Army Regulation 135-18, the applicant's records should have been considered by a continuation board * whether any National Guard Bureau (NGB) or Headquarters, Department of the Army (HQDA) written policies addressed "one time occasional tour" AGR officers for continuation beyond their tours *...

  • AF | BCMR | CY2007 | BC-2007-01269

    Original file (BC-2007-01269.DOC) Auto-classification: Approved

    The applicant did not complete three years active duty service in the grade of colonel to retire voluntarily. After a thorough review of the evidence of record, the Board has determined the evidence supports the fact that the applicant was involuntarily released from active duty effective 30 November 2002 and retired effective 1 December 2002. _______________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the...

  • ARMY | BCMR | CY2007 | 20070000695

    Original file (20070000695.txt) Auto-classification: Approved

    The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of overseas tours. The evidence of record shows that the applicant was awarded the National Defense Service Medal for his honorable active service during the period 2 August 1990 through 7 August 1993. The evidence of record also shows that the applicant is entitled to...

  • ARMY | BCMR | CY2005 | 20050003009C070206

    Original file (20050003009C070206.doc) Auto-classification: Approved

    The applicant requests award of the Legion of Merit, Meritorious Service Medal, Global War on Terrorism Medal, Army Reserve Components Achievement Medal, and Army Good Conduct Medal (7th award). The Legion of Merit is awarded to any member of the Armed Forces of the United States who has distinguished himself by exceptionally meritorious conduct in the performance of outstanding services and achievements. Thus, his DD Form 214 should be corrected to show award of the Meritorious Service...