RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 March 2007
DOCKET NUMBER: AR20060013764
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. Gerard W. Schwartz
Acting Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. Lester Echols
Chairperson
Ms. Linda M. Barker
Member
Mr. Michael J. Flynn
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, restoration of her rank and pay.
2. The applicant states, in effect, that she received nonjudicial punishment (NJP) from a commander who was not in her chain of command. She further states that her demotion occurred after returning from Iraq and contends that if she was to be reduced it should have been done in Iraq "when I was given an Article 15 by the 574th."
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. On 26 March 2001, the applicant enlisted in the United States Army Reserve for 8 years, as a private first class, pay grade E3. She contracted for training in military occupational specialty 92A1O (Automated Logistical Specialist).
2. Permanent Orders 165-49, 90th Regional Readiness Command, dated
2 October 206, awarded the applicant the Combat Action Badge for the period of service from 3 March to 5 December 2004, while assigned with the 485th Quartermaster Company.
3. No additional evidence is available for review.
DISCUSSION AND CONCLUSIONS:
1. The applicant has not provided any evidence to support her contention that she was improperly punished. There is no evidence of record for the Board to review.
2. In the absence of information to the contrary, the Board is required to presume all requirements of law and regulation were met and the rights of the applicant were fully protected throughout any pertinent administrative process.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
4. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__LE ___ __MJF __ __LMB __ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. 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.
___ Lester Echols_______
CHAIRPERSON
INDEX
CASE ID
AR20060013764
SUFFIX
RECON
DATE BOARDED
20070327
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
. . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
129.06000
2.
3.
4.
5.
6.
ARMY | BCMR | CY2007 | 20070001823
The applicant requests, in effect, that the records of her deceased spouse, a former service member (FSM), be corrected to show he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP) for spouse coverage. On 13 November 2006, the Defense Finance and Accounting Service informed the applicant that because her application for SBP benefits was not received within the 6-year time limit for filing claims against the United States, her application was denied. There is no...
ARMY | BCMR | CY2006 | 20060014175
The applicant requests, in effect, correction of her Certificate of Release or Discharge from Active Duty (DD Form 214) to show that she was honorably discharged. On 24 November 1999, the applicant was released from active duty training under the provisions of Army Regulation 635-200, chapter 4, for completion of required active duty. Army Regulation 135-178 (Enlisted Personnel Administrative Separations USAR) provides, in pertinent part, that Soldiers who are separated while in entry...
ARMY | BCMR | CY2007 | 20070004514
It states, in part, that the applicant was instructed to provide a copy of her 20-Year Letter and to either elect to receive severance pay, or to be transferred to the Retired Reserve. As a result, she was discharged from active duty with severance pay. Because retirement is a voluntary action and she chose to not cooperate with the Personnel Processing Center, the only available option was to discharge her with severance pay.
ARMY | BCMR | CY2006 | 20060006290C070205
The applicant's records show she served during the qualifying period for award of the Global War on Terrorism Service Medal. The evidence shows the applicant served in support of the Global War on Terrorism during the qualifying period for award of the Global War on Terrorism Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the Global War on Terrorism Service Medal and adding this...
ARMY | BCMR | CY2007 | 20070004542
The applicant requests that her reentry (RE) code on her DD Form 214 (Certificate of Release or Discharge from Active Duty) with the ending period 23 December 2003 be corrected. However, evidence of record shows that her DD Form 214 with the ending period 23 December 2004 shows that she was discharged due to parenthood. Therefore, the RE code of "NA" on her DD Form 214 is correct.
ARMY | BCMR | CY2006 | 20060014182
She had completed 3 years, 4 months and 4 days of creditable active duty and had 147 days of lost time due to AWOL. There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. The police records submitted by the applicant show that she was involved in unlawful incidents prior to, during, and after her period of military service.
ARMY | BCMR | CY2007 | 20070016197
The applicant requests, in effect, reconsideration of her earlier request to the Army Board for Correction of Military Records (ABCMR) to show her period of service in Iraq on her DD Form 214 (Certificate of Release or Discharge from Active Duty). The applicant provides a copy of her DD Form 214, a copy of an Iraq Freedom Coalition Military Advisory Training Team (CMATT) Certificate of Appreciation, dated 17 August 2003; two statements from former Soldiers; and a copy of her DD Form 1610...
ARMY | BCMR | CY2006 | 20060003337C070205
The applicant requests that her records be corrected by changing item 27, Reentry Code (RE-Code), on her DD form 214 (Certificate of Release or Discharge from Active Duty). On 15 November 2000, the applicant, after consulting with counsel, acknowledged that she understood the reasons for her commander’s actions to separate her under the provisions of Army Regulation 635-200, Chapter 14, and its effects and the rights available to her. Pertinent Army regulations provide that prior to...
ARMY | BCMR | CY2007 | 20070007998
The applicant states, in effect, that during the period she was a member of the United States Army Reserve, she went to school for training as a licensed practical nurse, took care of her children and parents, and had an abusive husband. Orders D-11-908177, United States Army Reserve Personnel Center, dated 13 November 1987, discharged the applicant from the United States Army Reserve, effective 13 November 1987, under other than honorable conditions. The evidence of record clearly shows...
ARMY | BCMR | CY2006 | 20060015494
The applicant requests correction of her Certificate of Release or discharge from Active Duty (DD Form 214) to show her foreign service and to add her awards and decorations. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicantÂ’s DD Form 214, shows her awards as the Presidential Unit Citation, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and the Army Lapel Button....