ARMY | BCMR | CY2011 | 20110017662
Counsel states: * Jennifer, the FSMs incapacitated daughter, was denied the SBP annuity because it was made beyond the 6-year statute of limitations * Her father, the FSM, was enrolled in the SBP, spouse and children coverage * Upon his death, this coverage was to provide an annuity to his wife, Joyce, and any incapacitated child over the age of 18 * Jennifer has been diagnosed as developmentally disabled since birth in 1964 * The FSM died in September 1983 and following his death, his...
ARMY | BCMR | CY2011 | 20110017664
Application for correction of military records (with supporting documents provided, if any). The applicant states the commanding officer of his ambulance company had requested direct authority to promote Soldiers because the unit was overworked and undermanned. _______ _ __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 | CY2011 | 20110017667
IN THE CASE OF: BOARD DATE: 14 February 2012 DOCKET NUMBER: AR20110017667 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains guidance on the Vietnam Service Medal and states a bronze service star is authorized with this award for each campaign a member is credited with participating in while in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2011 | 20110017669
Application for correction of military records (with supporting documents provided, if any). She had served 11 months and 24 days of active service and her DD Form 214 issued at the time of her discharge shows that her SSN contained a 3 as the eighth digit. Although the applicant has not provided any evidence to show that her SSN is incorrectly recorded on her DD Form 214, the SSN on her DD Form 214 is the one she served under.
ARMY | BCMR | CY2011 | 20110017670
On 22 March 1982, his commander informed him that he was initiating action to discharge him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-31 under the Expeditious Discharge Program (EDP). Army Regulation 635-200, paragraph 5-31, in effect at the time, provides that members who have demonstrated that they cannot or will not meet acceptable standards required of enlisted personnel in the Army because of existence of one or more of...
ARMY | BCMR | CY2011 | 20110017672
He states he received a blast injury from enemy explosives while serving in Vietnam. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. While the attending medic provided a statement which shows the blast was a result of explosive devices planted by the enemy, his statement alone does not provide the conclusive evidence necessary to support award of the Purple Heart.
ARMY | BCMR | CY2011 | 20110017680
IN THE CASE OF: BOARD DATE: 28 February 2012 DOCKET NUMBER: AR20110017680 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the Armed Forces Service Medal (AFSM). 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 | CY2011 | 20110017681
The applicant requests correction of her military service records to show she was discharged with a higher percentage of disability. The applicant's DA Form 199 (Physical Evaluation Board (PEB) Proceedings), dated 15 April 1988, is not available in her military personnel records. Army Regulation 15-185 (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 ABCMR.
ARMY | BCMR | CY2011 | 20110017682
Application for correction of military records (with supporting documents provided, if any). The applicant requests an upgrade of his general discharge to an honorable discharge. 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 | BCMR | CY2011 | 20110017684
The DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 6 March 1970 through 10 May 1971. Therefore, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 3 October 1969 through 10 May 1971, and to add this award to his record and DD Form 214. 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 being wounded...
ARMY | BCMR | CY2011 | 20110017685
It states for: a. item 3, enter the individuals SN or SSAN, and b. item 30 (Remarks), this section is used to complete entries too long for their respective blocks. The evidence of record shows that a TIN was used throughout the applicant's military service. However, based on the evidence of record, it would be appropriate to correct only the applicant's DD Form 214 to show his correct SSN.
ARMY | BCMR | CY2011 | 20110017686
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 "Emanuel" instead of "Manuel." His DD Form 47 (Record of Induction) shows his middle name as "Manuel." On 16 July 1968, having been transferred to the U.S. Army Reception Station (USARECSTA) at Fort Jackson, SC, the personnel officer authenticated a DA Form 1049 (Personnel Action) that noted a discrepancy in the applicant's induction record in...
ARMY | BCMR | CY2011 | 20110017689
Application for correction of military records (with supporting documents provided, if any). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entries in items 3, 9 and 21of his DD Form 214, and replacing them with: Item 3 - the SSN as shown in his DA Form 2349 Item 9 - DOB 22 August 1945 Item 21 - 10009 Carolynne Drive [city and state] ___________X___________ CHAIRPERSON I certify that herein is recorded the...
ARMY | BCMR | CY2011 | 20110017691
The applicant requests an upgrade of his undesirable discharge to an honorable discharge. Army Regulation 635-200, paragraph 3-7b, stated a general discharge was a separation from the Army under honorable conditions. Eligibility for the program was restricted to individuals discharged with either an undesirable discharge or a general discharge between 9 August 1964 and 28 March 1973, inclusive.
ARMY | BCMR | CY2011 | 20110017692
His promotion to CPT was never listed on his DD Form 214 as he believed it would be. Item 6 (Date of Rank) of his DD Form 214 lists his date of rank as 11 July 1970. The applicant's DA Form 66, orders, and documents in his record confirm he was promoted to the rank/pay grade of 1LT/O-2 with a date of rank of 11 July 1970 and this is the rank he held on the date of his release from active duty on 24 April 1971.
ARMY | BCMR | CY2011 | 20110017697
The applicant requests additional constructive credit for his education and professional experience to ratify a rank higher than captain. Per Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel), entry-grade is determined based on constructive service credit received for education, work experience, and prior military commissioned service. The applicant responded and stated: * according to the advisory opinion their (his and his business partner's) ranks were...
ARMY | BCMR | CY2011 | 20110017700
He provides a: * letter from the Department of Veterans Affairs (DVA) Charlottesville Community Based Outpatient Clinic, Charlottesville, VA, dated 21 July 2011 * DD Form 372 (Request for Verification of Birth), dated 11 January 1989 * Pennsylvania Certification of Birth, issued on 26 July 2007 * self-authored notarized statement * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 July 1989 CONSIDERATION OF EVIDENCE: 1. ...
ARMY | BCMR | CY2011 | 20110017702
Counsel requests removal of the DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)), dated 28 April 2005, from the restricted section of the applicant's official military personnel file (OMPF). Counsel provides: * multiple DA Forms 2823 (Sworn Statement) * appointment of investigating officer (IO) memorandum * DA Form 1574 (Report of Proceedings by Investigating Officer/Board of Officers) * legal review of Army Regulation 15-6 (Procedures of...
ARMY | BCMR | CY2011 | 20110017703
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her last name as "Hxxxxx" instead of "Dxxxxxx." ABCMR Record of Proceedings (cont) AR20110017703 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110017703 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2011 | 20110017704
The applicants military records are not available to the Board for review. Additionally, he is eligible for award of the United Nations Service Medal based on his award of the Korean Service Medal and correction of his DD Form 214 to show this award. 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 in action on 5 September 1950; and b. amending item 27 of his DD Form...
ARMY | BCMR | CY2011 | 20110017705
The applicant requests his $143,000.00 plus interest debt for education assistance based on his discharge from the U.S. Military Academy (USMA) be forgiven. He states cadets are required to repay the cost of their education if they are discharged voluntarily or as a result of disciplinary action. Although the Board provided relief in the case referred to by the applicant and his counsel (AR20040011234), each case that comes before the Board is considered based on its own merits.
ARMY | BCMR | CY2011 | 20110017706
The applicant states his Federal Recognition (FEDREC) packet for promotion to MAJ was lost in the National Guard Bureau (NGB) tracking database due to a glitch in the system. Once the error was discovered the packet was processed and the applicant was promoted with a promotion effective date of 23 August 2011. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending NGB Special Orders Number 200 AR, dated 29 August 2011,...
ARMY | BCMR | CY2011 | 20110017711
The applicant requests correction of item 7a (Place of Entry into Active Duty) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show Houston, TX instead of Miami, FL. Item 7a of his DD Form 214, dated 21 December 2004, shows his place of entry into active duty as Miami, FL. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 7a of his DD Form 214 the current entry and replacing...
ARMY | BCMR | CY2011 | 20110017713
The evidence of record also confirms the applicant received "excellent" conduct and efficiency ratings in all of his active duty assignments. Therefore, it would be appropriate to award him the AGCM for his qualifying honorable active duty service from 12 May 1965 thorough 18 September 1967 and to add this award to his 18 September 1967 DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the...
ARMY | BCMR | CY2011 | 20110017720
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Afghanistan Campaign Medal and the Combat Action Badge. His service record is void of any orders or other documents showing he was ever recommended for or awarded the Combat Action Badge by proper authority while serving on active duty. By regulation, in order to award the Combat Action Badge there must be evidence that a Soldier serving in an area where hostile...
ARMY | BCMR | CY2011 | 20110017724
Application for correction of military records (with supporting documents provided, if any). He further states he was denied promotion to the rank of SGT at the time of his medical retirement due to a DA Form 268 (Report to Suspend Favorable Personnel Actions (Flag)) for being overweight while he had a physical profile for a back injury which was placed on his records on 5 August 2009. The applicant provides a DA Form 4856, dated 10 June 2010, which shows he was not recommended for...
ARMY | BCMR | CY2011 | 20110017725
On 19 June 1985, his unit commander notified him that he was initiating action to separate him from the Army under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 13, paragraph 13-2, for unsatisfactory performance. The unit commander advised the applicant of his rights to consult with legal counsel, to submit written statements in his own behalf, and to obtain copies of documents that would be sent to the separation authority supporting the...
ARMY | BCMR | CY2011 | 20110017726
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his correct separation date. The applicant states his DD Form 214 shows he was separated on 12 January 2005; however, orders show he was discharged on 13 January 2006. There is no evidence of record that shows the applicant was retained on active duty beyond 12 January 2005.
ARMY | BCMR | CY2011 | 20110017729
He would have been eligible to transfer the benefits before he retired. The policy further states the Secretaries of the Military Departments will provide active duty participants and members of the Reserve Components with qualifying active duty service individual pre-separation or release from active duty counseling on the benefits under the Post-9/11 GI Bill and document accordingly and maintain records for individuals who receive supplemental educational assistance under Public Law...
ARMY | BCMR | CY2011 | 20110017740
IN THE CASE OF: BOARD DATE: 3 May 2012 DOCKET NUMBER: AR20110017740 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The EPSBD recommended that the applicant be separated from the military due to his diagnosed medical condition. This portion of the EPSBD Proceedings also provided the applicant the opportunity to concur with the proceedings and request retention on active duty; to disagree with the proceedings because his condition did not exist prior to service; or to disagree with the...
ARMY | BCMR | CY2011 | 20110017746
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Combat Medical Badge in lieu of the Combat Medal Badge. The applicant provides his DD Form 214 and Officer Record Brief (ORB).
ARMY | BCMR | CY2011 | 20110017747
Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal (AGCM) is awarded to individuals who have completed a qualified period of active duty enlisted service. The evidence also shows he participated in three campaigns during his service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 the VSM; b. awarding him the...
ARMY | BCMR | CY2011 | 20110017748
He states he was presented the ARCOM and CAB after his release from active duty (REFRAD); as a result, the awards are not listed on his DD Form 214. Permanent orders awarded the applicant the CAB; as a result, he is authorized addition of this award 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 9 March 2008 by: a. deleting the ICM; and b. adding the...
ARMY | BCMR | CY2011 | 20110017749
Application for correction of military records (with supporting documents provided, if any). The applicant's DD Form 214: * item 12f (Foreign Service) shows no service * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not show award of the Armed Forces Expeditionary Medal, NATO Medal, Good Conduct Medal (1st Award), the Driver and Mechanic Badge, or the Noncommissioned Officer Professional Development Ribbon * item 14 (Military Education)...
ARMY | BCMR | CY2011 | 20110017752
Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the: * Presidential Unit Citation (Army) * National Defense Service Medal * GWOTSM * Army Service Ribbon c. Item 18 (Remarks) of his DD Form 214 does not show his participation in named operations or operational deployments. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good...
ARMY | BCMR | CY2011 | 20110017754
The applicant provides copies of: * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and Honorable Discharge Certificate * Page 3 from two DA Forms 20 * Orders, dated 7 September 1968, for hostile fire pay * A letter, dated 30 June 1970, requesting his education records * Orders, dated 28 August 1970, reassigning him for separation * Orders, dated 26 October 1970, releasing him from active duty * 1st Endorsement: Subject: Amendment to Orders CONSIDERATION OF...
ARMY | BCMR | CY2011 | 20110017760
The applicant requests upgrade of his under other than honorable conditions discharge to a general discharge. The applicant's complete discharge packet is not available for review; however, a Fort Sill (FS) Form 159 (Request for Excess Leave Without Pay and Allowances) shows he requested to be placed on excess leave status effective 16 July 1982 because he had submitted a request for discharge under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel),...
ARMY | BCMR | CY2011 | 20110017761
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of Items 12f (Foreign Service) and 18 (Remarks) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she served in support of Operation Enduring Freedom (OEF) in 2002. _______ _ 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 | CY2011 | 20110017765
Application for correction of military records (with supporting documents provided, if any). The WD AGO Form 55 provided by the applicant shows the FSM was honorably discharged from the Army of the United States on 2 October 1948. ___________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 | CY2011 | 20110017766
The applicant states the resulting Article 15 was to be a closed hearing and filed in the restricted section of his OMPF. In such cases, the record should be filed in the performance section. The decision to file the original DA Form 2627 in the performance or restricted section of the OMPF will be made by the imposing commander at the time punishment is imposed.
ARMY | BCMR | CY2011 | 20110017767
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 15 December 1998, be corrected to show that he served 2 years and 5 months of foreign service in block 12f and his deployments to Iraq and Kuwait in block 18. It states that for: a. block 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214. b. block 18, for an active duty Soldier deployed to a foreign country with his or her unit during...
ARMY | BCMR | CY2011 | 20110017768
Application for correction of military records (with supporting documents provided, if any). Army Regulation 800-8-22 (Military Awards) contains the Armys awards policy. Absent any evidence of record corroborating award of the ARCOM to the applicant as indicated in the certificate and citation he provided, there is an insufficient evidentiary basis to support granting the requested relief.
ARMY | BCMR | CY2011 | 20110017770
The applicant requests issuance of an Honorable Discharge Certificate and the following corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 23 May 2005: a. amend item 4a (Grade, Rate or Rank) and item 4b (Pay Grade) to show his rank and pay grade as sergeant (SGT)/E-5, b. add the following awards to item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized): * National Defense Service Medal (2nd...
ARMY | BCMR | CY2011 | 20110017771
When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. 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. The conviction and discharge were effected in accordance with applicable law and regulations and the discharge appropriately characterizes the misconduct...
ARMY | BCMR | CY2011 | 20110017773
The applicant requests an upgrade of his general under honorable conditions discharge to an honorable discharge. On 26 June 1990, the applicant was notified of initiation of separation action under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 14-12b, chapter 14 for patterns of misconduct. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
ARMY | BCMR | CY2011 | 20110017775
The applicant's record contains various documents that show the fourth digit of his SSN as either 2, 4, or 6. He provides a social security card and separation documents, dated after the period covered by his DD Form 214, which show the fourth digit of his SSN as "4." 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 by: * deleting the current SSN in item 3 (Social Security Number) * adding the SSN...
ARMY | BCMR | CY2011 | 20110017776
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 List on 1 August 2009. The evidence of record shows he was honorably retired on 31 August 2009 after completing more than 22 years of service. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2011 | 20110017777
On 6 November 1987, the applicant's immediate commander notified him of his intent to initiate separation action against him in accordance with Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 14-12c, for misconduct - commission of a serious offense - abuse of illegal drugs with issuance of a general discharge. On 21 December 1987, the separation authority approved the applicant's discharge under the provisions of Army Regulation 635-200, chapter 14, by reason...
ARMY | BCMR | CY2011 | 20110017782
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. These regulations provide that an enlisted person would/will receive a BCD pursuant only to an approved sentence of a court-martial imposing a BCD. Conviction and discharge were effected in accordance with applicable laws and regulations,...
ARMY | BCMR | CY2011 | 20110017783
On 15 May 1990, the separation authority approved the applicant's request for discharge and directed an under other than honorable conditions discharge and reduction to private/E-1. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. The evidence of record further confirms the applicant voluntarily requested discharge to avoid a court-martial that could have resulted in a punitive discharge.