ARMY | BCMR | CY2011 | 20110019781
The special court-martial order in question is filed in the applicant's restricted section of his OMPF. Army Regulation 600-8-104 (Military Personnel Information Management/ Records) serves as the authority for filing of documents in the OMPF. The applicant's contentions have been noted; however, the government has an interest in maintaining such records and the applicant has not shown through the evidence submitted with his application or the evidence of record why the court-martial order...
ARMY | BCMR | CY2011 | 20110019783
The applicant states: * he was separated from the Arizona Army National Guard (AZARNG) due to a retention board action on 30 September 2009 * he was not given the opportunity to transfer his Post 9/11 education benefits to his child before he retired * he was not provided any additional information before he left the Individual Ready Reserve (IRR) * he meets the established criteria for the transfer of Post 9/11 benefits with no additional service required * he was retirement eligible from 1...
ARMY | BCMR | CY2011 | 20110019785
Application for correction of military records (with supporting documents provided, if any). Army Regulation 635-5-1 (Separation Program Designator (SPD)) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It states that the SPD code JFL is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-40, paragraph 4-24b(3) by reason of...
ARMY | BCMR | CY2011 | 20110019786
The applicant requests correction of item 24 (Character of Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "honorable" and item 28 (Narrative Reason for Separation) to show he was separated for medical reasons. The applicant's contention that his DD Form 214 should be corrected to show the character of his service as honorable and he was separated for medical reasons has been carefully considered. There is no evidence showing he was released from...
ARMY | BCMR | CY2011 | 20110019787
The applicant requests items 12a (Date Entered Active Duty This Period) and 12h (Initial Entry Training) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 September 2011 be changed. Therefore, it would be appropriate to amend item 12h of this DD Form 214 to show he completed 5 months and 9 days of initial entry training. ___________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of...
ARMY | BCMR | CY2011 | 20110019789
The applicants military record shows he enlisted in the Regular Army on 16 August 1966, in pay grade E-1, for 3 years. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. Therefore, he is entitled to the...
ARMY | BCMR | CY2011 | 20110019795
Application for correction of military records (with supporting documents provided, if any). She was released under the provisions of chapter 4 of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) by reason of completion of her required active service after completing 4 years of creditable active military service. "LBK" is the correct code for RA Soldiers who were REFRAD for completion of required active service under the provisions of chapter 4, Army Regulation...
ARMY | BCMR | CY2011 | 20110019796
Application for correction of military records (with supporting documents provided, if any). The applicant states that upon enlistment in the Army in May 1999, he was under a court order to provide support to his dependent son. In the absence of additional evidence that conclusively shows he was paying adequate child support, his child was enrolled in DEERS, and the periods and grades for the period shown on his DD Form 214 that show he was not married to another Soldier receiving the...
ARMY | BCMR | CY2011 | 20110019802
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 4 December 1973 by: a. showing his foreign service in Vietnam; b. showing his actual date of entry on military service (currently shows 5 December 1973 [sic shows 1969]); and c. adding the Vietnam Service Medal or Republic of Vietnam Campaign Medal. Evidence of record shows the applicant initially enlisted in the RA on 25 October 1967, he served 11...
ARMY | BCMR | CY2011 | 20110019808
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. He was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 2...
ARMY | BCMR | CY2011 | 20110019809
The applicant requests upgrade of his bad conduct discharge (BCD) to an honorable discharge. The applicant enlisted in the Regular Army on 21 October 1968 and he was honorably discharged on 18 May 1970 for immediate reenlistment. His service record does not indicate he applied to the Army Discharge Review Board (ADRB) to upgrade his discharge under the provisions of the Department of Defense (DOD) Special Discharge Review Board (SDRP).
ARMY | BCMR | CY2011 | 20110019814
The applicant requests award of the Expert Infantryman Badge (EIB) and any other awards and decorations he is entitled to. Therefore, there is insufficient evidence to grant him the requested relief. __________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 | 20110019816
He had served 8 years, 5 months and 23 days of active service and he was assigned a separation code of KBK and an RE Code of 3. 6. A separation code of KBK is issued to RA Soldiers with a Declination of Continued Service Statement in force who are discharged on completion of enlistment. The applicant has failed to show through the evidence submitted or the evidence of record that he was assigned the wrong RE code at the time he was discharged or that there is an error or injustice in...
ARMY | BCMR | CY2011 | 20110019817
The applicant submitted selected service medical records as well as various VA medical records and two statements as follows: a. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) currently in effect establishes the Army PDES and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating. There is no...
ARMY | BCMR | CY2011 | 20110019820
The applicant states, in effect, that he has always believed that a general under honorable conditions discharge was considered an honorable discharge. Army Regulation 635-200 (Personnel Separations), paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. However, his DD Form 214 clearly shows the characterization of his discharge as "under other than honorable conditions" and that he was issued an Undesirable...
ARMY | BCMR | CY2011 | 20110019821
However, his DD Form 214 shows he was discharged under honorable conditions (a general discharge) on 6 May 1954 under the provisions of Army Regulation 615-369 (Enlisted Men Discharge Unsuitability). There is no evidence the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations. _________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...
ARMY | BCMR | CY2011 | 20110019822
The applicant states: * he sustained a closed fracture of his right tibia and fibula on 10 January 1988 and his unit was advised to refer him to the nearest active Federal facility for evaluation, treatment, and medical evaluation * he suffered an injury in the line of duty (LOD) that was severe enough to warrant a pin in his leg to correct alignment and limb length * he was retained in the Army National Guard (ARNG) after he was injured, but the ARNG mismanaged his injury and failed to...
ARMY | BCMR | CY2011 | 20110019824
The applicant requests award of the Army Good Conduct Medal (AGCM). As a result, given the absence of derogatory information in the available NPRC file or on the DD Form 214 and given his valorous combat service record, it would be appropriate and serve the interest of equity to err in favor of the applicant and to award him the AGCM based on his overall record of honorable service and to add this award to his DD Form 214. The available evidence also shows that based on his qualifying...
ARMY | BCMR | CY2011 | 20110019828
The applicant requests: * Correction of DA Form 2397 (Technical Report of U.S. Army Aircraft Accident) to show his correct rank, first name, and service number (SN) * In effect, award of the Purple Heart 2. The evidence of record shows the DA Form 2397, dated 17 January 1969, lists the applicant's name with an incorrect rank, first name, and the first two digits of his SN. As a result, the Board recommends that all Department of the Army records be corrected by publishing an appropriate...
ARMY | BCMR | CY2011 | 20110019829
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) states the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. ___________X______________ CHAIRPERSON I certify that herein is recorded the true and complete record of...
ARMY | BCMR | CY2011 | 20110019830
Application for correction of military records (with supporting documents provided, if any). The applicant states, in effect: * He was wounded in action during his military service and he was exposed to Agent Orange * While in the service he had three surgeries and was ordered to return to duty before he was fully recovered * He was subjected to discrimination * He became addicted to heroin after the Army gave it to him for medical treatment * He suffers from mental disorders as well as...
ARMY | BCMR | CY2011 | 20110019832
The applicant requests correction of her discharge orders to show she was discharged in the rank of sergeant (SGT). Therefore, her discharge orders should be corrected to show she was discharged in the rank of SGT with entitlement to all back disability severance pay (and back pay and allowances, if applicable) that flow from her promotion and this change. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending her...
ARMY | BCMR | CY2011 | 20110019833
The applicant requests that his records be corrected to show he is entitled to Combat Related Special Compensation (CRSC) with a 30 percent disability rating. However, the available evidence does not show that a PEB was completed or if so what the results were. _________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 | 20110019834
Application for correction of military records (with supporting documents provided, if any). The applicant provides an extract of the awards regulation and his DD Form 214 in support of the application. _______ _ __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 | 20110019837
The applicant requests his military records be corrected to show his application for retired pay was approved. He was sentenced to pay a fine of $3,000.00 and to be dismissed from the service. Evidence shows: * the applicant received his 20-year letter in September 1990 * he was convicted by a general court-martial on 2 September 1993 and sentenced to a dismissal * he was dismissed from the USAR on 13 March 1995 in the rank of major 3.
ARMY | BCMR | CY2011 | 20110019841
The applicant requests correction of the following items of his 1 January 2010 DD Form 214 (Certificate of Release or Discharge from Active Duty): a. The applicants Officer Records Brief (ORB) which was prepared on 4 June 2009 lists no overseas service, deployments, or combat service in Section I (Assignment Information). Further, this Afghanistan service should be documented in item 18 of the DD Form 214.
ARMY | BCMR | CY2011 | 20110019842
The applicant provides his DD Form 214 and a photograph of the Korea Defense Service Medal (KDSM) in support of his application. Therefore, it would be appropriate to award him the AGCM (1st Award) for his qualifying honorable active duty service from 25 November 1960 through 13 November 1962 and to add 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: a. awarding him the AGCM (1st Award)...
ARMY | BCMR | CY2011 | 20110019843
The applicant provides: a. Notwithstanding the applicant's contention and the authors' sincerity, in the absence of additional documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case. _______ _ 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 | 20110019844
A KYARNG memorandum requests that the NGB grant the applicant an exception to policy to allow him to receive an SRIP bonus. It stated: * the applicant was not qualified to receive the 3-year, $7,500 prior service CUIC bonus for which he enlisted * when the applicant enlisted, a 6-year, $15,000 prior service CUIC bonus was offered * however, the applicant did not qualify for that because he only enlisted for 3 years 5. The applicant signed a bonus addendum to his enlistment contract in...
ARMY | BCMR | CY2011 | 20110019846
The evidence of record shows the applicant was fully eligible to transfer his educational benefits under the Post-9/11 GI Bill TEB Program prior to his retirement. The advisory opinion points out: * many Soldiers who left military service during the first 90 days of the program were not fully aware of the requirement to transfer Post-9/11 GI Bill benefits prior to leaving military service * the applicant's last day in military service was 30 September 2009 * he would have been eligible to...
ARMY | BCMR | CY2011 | 20110019854
The applicant states: * She was accessed into the California Army National Guard (CAARNG) in October 2008 * She was told that she would have two years to complete the Chaplain Basic Officer Leader Course (CH-BOLC) and that upon completion, she would be promoted to CPT; she completed the CH-BOLC in October 2010 * She has tried unsuccessfully to resolve this issue through her chain of command and has repeatedly submitted the necessary paperwork * Her efforts were made harder when she deployed...
ARMY | BCMR | CY2011 | 20110019856
Application for correction of military records (with supporting documents provided, if any). 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 this decisional document, which confirms her changed name and gender, will be filed in her Official...
ARMY | BCMR | CY2011 | 20110019862
Application for correction of military records (with supporting documents provided, if any). The Operation/Procedure Note provided by the applicant is new evidence that should be considered by the Board. The new evidence provided by the applicant clearly shows that he had a tumor in 2009 and that it was removed by surgery.
ARMY | BCMR | CY2011 | 20110019864
Consequently, due to the two concepts involved, an individual's medical condition, although not considered physically unfit for military service at the time of processing for separation, discharge or retirement, may be sufficient to qualify the individual for VA benefits based on an evaluation by that agency. The available evidence shows he was medically unfit and evaluated by a PEB. Regardless of the percentage of disability awarded by the VA, an award of a VA rating does not establish...
ARMY | BCMR | CY2011 | 20110019866
The applicant requests that she be paid from 26 June to 19 September 2011, that she receive stop loss pay from 28 February 2009 to 19 October 2011 and that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show all periods of active duty. Additionally, there is no evidence to show that medical officials requested her retention on active duty for medical reasons. The applicant has not provided and the records contain no evidence to show that her request...
ARMY | BCMR | CY2011 | 20110019871
The applicant requests, in effect, correction of his records to show he applied for the Post-9/11 GI Bill Transferability Program to transfer his education benefits to his dependents before he was retired from active duty on 31 August 2009. During the processing of this case an advisory opinion was obtained from the Education Incentives Branch of the Human Resources Command, at Fort Knox, Kentucky, which states, in effect, that the applicant was not eligible to transfer benefits under the...
ARMY | BCMR | CY2011 | 20110019872
The available records show the applicant served on active duty in an enlisted status and attended the USMA Preparatory School from 14 July 2006 through 1 July 2007 and he was issued a DD Form 214 that captured this period of active duty. He again entered active duty as a cadet at the USMA on 2 July 2007 and he was honorably discharged from active duty by reason of unqualified resignation on 28 August 2008. The applicant's DD Form 214 correctly reflects his record of service and contains no...
ARMY | BCMR | CY2011 | 20110019876
Application for correction of military records (with supporting documents provided, if any). Consequently, due to the two concepts involved, an individual's medical condition, although not considered medically unfitting for military service at the time of processing for separation, discharge or retirement, may be sufficient to qualify the individual for VA benefits based on an evaluation by that agency. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of...
ARMY | BCMR | CY2011 | 20110019878
The applicant requests adjustment of the date he was transferred to the Retired Reserve so he can transfer educational benefits under the Transfer of Educational Benefits (TEB) provisions of the Post-9/11 GI Bill to his family members. The official stated the applicant's last day of service with the ARNG was 31 August 2010 but he did not transfer his benefit prior to this date. c. A Soldier may only transfer to eligible dependents.
ARMY | BCMR | CY2011 | 20110019879
Prior to 7 January 2011, all warrant officer Federal recognition appointments and promotions were approved by the Secretary of the Army. An ARNG information paper, dated 9 August 2011, subject: Warrant Officer Federal Recognition Scroll 01-11 Status and Update for Scrolls 02-11 through 10-11, states the DOR will not be retroactive to the DOR on the State promotion orders. The delay in the applicant's promotion resulted from a statutory change in the procedures for the promotion of warrant...
ARMY | BCMR | CY2011 | 20110019880
IN THE CASE OF: BOARD DATE: 26 April 2012 DOCKET NUMBER: AR20110019880 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. He states his DD Form 214 is in error because item 12h (Effective Date of Pay Grade) shows the correct date he was promoted to SPC/E-4. Accordingly, he was retired on 10 April 2009 in the grade of PVT/E-1 (item 12h incorrectly shows the effective date of pay grade as 1 July 2008).
ARMY | BCMR | CY2011 | 20110019881
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployments. He provides the following: * Two DD Forms 214 * Enlisted Record Brief (ERB) * Five award certificates * DA Form 2-1 (Personnel Qualification Record) CONSIDERATION OF EVIDENCE: 1. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding to item 18 of his 24 February 1995 DD Form 214 the...
ARMY | BCMR | CY2011 | 20110019882
The applicant requests, in effect, correction of his records to show he applied for the Post-9/11 GI Bill Transferability Program to transfer his educational benefits to his dependents before he retired from active duty on 30 September 2009. Notwithstanding that the applicant did not make his application before retirement, it appears reasonable to presume that he was not informed that he had to make his transfer of educational benefits while he was still on active duty given the close...
ARMY | BCMR | CY2011 | 20110019896
Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. DISCUSSION AND CONCLUSIONS: The evidence of record shows the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 16-8, with an SPD of JCC. RE code "3" is the correct code for Soldiers separated by reason of reduction in forces.
ARMY | BCMR | CY2011 | 20110019900
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * his rank/grade as specialist four (SP4)/E-4 * award of the Noncommissioned Officer Professional (NCO) Development Ribbon with Numeral 2 2. His records contain a DA Form 3947 (Medical Board Proceedings), dated 2 June 1983. Evidence shows his record went before a grade determination board.
ARMY | BCMR | CY2011 | 20110019901
Application for correction of military records (with supporting documents provided, if any). The applicant was released from active duty on 13 February 1972 as a first lieutenant. A review of the applicant's military personnel record failed to reveal any evidence he was authorized or awarded the Purple Heart.
ARMY | BCMR | CY2011 | 20110019902
Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-4X-XXXX." Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. Therefore, absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, were correct at the time and there is insufficient evidence to...
ARMY | BCMR | CY2011 | 20110019903
He is requesting award of the Combat Infantryman Badge based on his combat service in Vietnam as an Infantryman. The evidence of record shows the applicant held an infantry MOS and he was assigned to an infantry unit in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Combat Infantryman Badge effective 13 November 1970, and b. adding to his DD Form 214 for the period ending 10 August 1973...
ARMY | BCMR | CY2011 | 20110019905
The applicant requests upgrade of his undesirable discharge to an honorable discharge for the period ending 4 April 1974. On 25 January 1974, he was again reported AWOL from his assigned unit. However, the DD Form 214 he was issued for this period of service shows he was discharged on 4 April 1974, under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, for the good of the service - in lieu of trial by court-martial, in the rank of private...
ARMY | BCMR | CY2011 | 20110019906
His service records do not contain official orders awarding him the Combat Infantryman Badge. An undated statement from a unit member who was wounded in combat in Vietnam while assigned to the same unit, who states that the unit was involved in combat in Vietnam and that the applicant was a part of the involvement. There are three requirements for award of the Combat Infantryman Badge: the Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an...