ARMY | BCMR | CY2011 | 20110020505
Counsel states the applicant's promotion board file should be corrected and submitted to an SSB. Counsel states the Army Human Recourses Command unfairly denied the applicant's request for reconsideration and he is requesting that the Army Board for Correction of Military Records (ABCMR) assistance in amending the errors and injustice in the applicant's case. It states an SSB may be convened to consider or reconsider commissioned officers for promotion when Headquarters, Department of the...
ARMY | BCMR | CY2011 | 20110020507
IN THE CASE OF: BOARD DATE: 17 May 2012 DOCKET NUMBER: AR20110020507 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. However, this delay pending development of staffing procedures resulted in his DOR being 6 September 2011, as compared to the date on his state promotion orders of 19 May 2011. g. because of the extended administrative delay in developing the process, and the subsequent staffing of his promotion action, which was all beyond his control, he requests his effective date of...
ARMY | BCMR | CY2011 | 20110020508
His DD Form 214 lists the following awards: * Army Achievement Medal * Army Good Conduct Medal * National Defense Service Medal * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * Army Service Ribbon * Air Force Training Ribbon 6. Service members who qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will...
ARMY | BCMR | CY2011 | 20110020509
A DA Form 199 (Physical Evaluation Board (PEB) Proceedings) shows a PEB convened on 6 May 2008 at Fort Lewis, Washington, to consider the sprain and stress fracture of the applicant's left ankle that required reconstructive surgery in August 2007. a. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. The evidence of record shows the applicant...
ARMY | BCMR | CY2011 | 20110020510
The applicant provides his WD AGO Form 53-55 (Enlisted Record and Report of Separation), Honorable Discharge Certificate, brief account of his military service, a letter from an American Legion Representative, letter written by the applicant, and two newspaper articles. There are no documents in the available record confirming he was wounded in action or awarded the Purple Heart while serving on active duty. This form does not indicate the applicant was wounded or hospitalized but it does...
ARMY | BCMR | CY2011 | 20110020512
The applicant requests a letter of reprimand (LOR), dated 8 September 1980, be removed from his military personnel records jacket (MPRJ). The applicant states the LOR stated it would not be permanently filed in his official military personnel file (OMPF) but it has been in his records for over 31 years and he would like it destroyed. The commanding general also directed the LOR be temporarily filed in the applicant's MPRJ until he departed the command, unless there was further misconduct...
ARMY | BCMR | CY2011 | 20110020521
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. Although his separation physical examination document notes shrapnel wound to his left forearm, there is no corroborating evidence that shows he met the criteria for award of the Purple Heart. __________X______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army...
ARMY | BCMR | CY2011 | 20110020523
The applicant states: * he believes his discharge was inequitable because it was based on one incident in 36 months of service with no other adverse actions * his discharge is inequitable due to the extended amount of time from the date he requested the discharge to the actual date of his discharge * the Army Discharge Review Board (ADRB) originally heard his case in 2007 * he submitted additional evidence that he thought the ADRB had not reviewed * he was told he had to apply to the Army...
ARMY | BCMR | CY2011 | 20110020525
Accordingly, he was discharged on 9 November 1982 under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), by reason of court-martial with a bad conduct discharge. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. His conviction and discharge were effected in accordance with applicable law and regulations and the final discharge appropriately characterized...
ARMY | BCMR | CY2011 | 20110020527
He was boarded on 20 February 2009 and his completed packet was submitted by her on 16 March 2009. On 19 March 2009, he submitted an application for appointment as a commissioned officer of the USAR. His appointed packet was boarded by the Office of the Chief, Army Reserve.
ARMY | BCMR | CY2011 | 20110020529
The applicant contends he was deployed to SWA from 2 February 1991 to 3 May 1991, which equates to a period of 3 months and 2 days of foreign service. Therefore, his DD Form 214 should be corrected to show these awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from Item 12f of his DD Form 214 the entry "00 00 04" and replacing it with the entry "00 03 02"; b. deleting from item 18 of his DD Form 214...
ARMY | BCMR | CY2011 | 20110020530
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Army Superior Unit Award (ASUA) and the Joint Meritorious Unit Award (JMUA). The applicant's ORB shows he was assigned to Headquarters, U.S. Central Command during the period this unit was awarded the JMUA. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 the: * Army Superior...
ARMY | BCMR | CY2011 | 20110020531
There is no evidence in the available records that show he was awarded the AGCM; however, neither is there evidence of a commander's disqualification for the award. 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; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first...
ARMY | BCMR | CY2011 | 20110020532
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 reflect his current social security number (SSN). ABCMR Record of Proceedings (cont) AR20110020532 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110020532 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2011 | 20110020536
This form further shows the applicant's character of service as bad conduct and that he completed 3 years, 4 months, and 2 days of creditable military service with lost time from 19 April to 2 July 2000. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterized the...
ARMY | BCMR | CY2011 | 20110020539
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his last unit of assignment as Company B, 126th Maintenance Battalion. The evidence of record clearly shows that the applicant had served in both the 126th and 123rd Maintenance Battalions; however, his last period of service was with the 123rd Maintenance Battalion, which is recorded on his DD Form 214. ___________X_____________ CHAIRPERSON I certify that herein...
ARMY | BCMR | CY2011 | 20110020540
There is no evidence in the available records that shows he was awarded the Army Good Conduct Medal; however, there is no evidence of a commander's disqualification for the award. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 year period of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946;...
ARMY | BCMR | CY2011 | 20110020541
The applicant's immediate commander notified him of his intent to initiate separation action against him under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 14, for a pattern of misconduct. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the...
ARMY | BCMR | CY2011 | 20110020542
However, the record does contain a properly-constituted DD Form 214 that shows he was discharged 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. The applicant's DD Form 214 also confirms he was discharged on 7 May 1981 after completing 3 years, 6 months, and 13 days of creditable active military service. This document confirms the applicant was discharged under the...
ARMY | BCMR | CY2011 | 20110020545
Application for correction of military records (with supporting documents provided, if any). Item 5 (DOB) of his DD Form 47 (Record of Induction) shows his DOB as 22 September 1951. The evidence of record shows he used 22 September 1951 as his DOB throughout his entire period of service, and he authenticated many documents by placing his full signature in the appropriate block attesting to the correctness of this DOB.
ARMY | BCMR | CY2011 | 20110020546
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in Iraq and also award of the Iraq Campaign Medal. Available records and evidence show the applicant was authorized HFP/IDP for service in Kuwait/Iraq in support of Operation New Dawn from 13 November 2010 through 17 July 2011. a. Item 12, block f, and item 18 of the applicant's DD Form 214 do not show this period of foreign service.
ARMY | BCMR | CY2011 | 20110020548
Application for correction of military records (with supporting documents provided, if any). The applicant provides: * Special Orders Number 70, issued by Headquarters, U.S. Army Armor School, Fort Knox, KY, dated 5 April 1969 * DD Form 215 (Correction to DD Form 214), dated 16 December 2004 CONSIDERATION OF EVIDENCE: 1. ___________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...
ARMY | BCMR | CY2011 | 20110020550
Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. The evidence of record shows the applicant held and served in an infantry MOS and he was assigned to an infantry company 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 | 20110020554
A Characterization of Service Checklist for Administrative Discharge Actions shows the applicant was AWOL twice, from 27 June 2005 to 16 July 2005 and from 20 July 2005 to 9 January 2006. On 30 January 2006, the separation authority approved the applicant's discharge request under the provisions of Army Regulation 635-200, chapter 10, and directed the applicant be reduced to the lowest enlisted grade and discharged under other than honorable conditions. Army Regulation 635-200 further...
ARMY | BCMR | CY2011 | 20110020555
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: a. all of his awards, to include his Bronze Star Medal (BSM) with "V" Device; b. all unit awards he may be authorized, to include the Valorous Unit Award (VUA); c. his correct primary specialty as 1331 (Combat Engineer); and d. his demolition and mine warfare training. The applicant contends, in effect, that his DD Form 214 should be corrected to show...
ARMY | BCMR | CY2011 | 20110020557
The applicants request that the record of the FSM be corrected to show she applied for retired pay and that the estate of the FSM be provided all back retired pay due as a result has been carefully considered. Based on the extraordinary equity considerations in this case, even though no direct benefit would accrue to the FSM, it would be appropriate and serve the interest of equity to amend the original Board recommendation to show the FSM applied for retired pay in a timely manner, that...
ARMY | BCMR | CY2011 | 20110020558
Public Law 110-252, section 3319, provides the eligibility requirements necessary to transfer unused education benefits to family members. The applicant had over 22 years of service upon retirement, no additional service requirement, no evidence of any adverse action, and he would have been eligible to transfer educational benefits to either his spouse or children if he had transferred it before he left the service. As a result, the Board recommends that all Department of the Army records...
ARMY | BCMR | CY2011 | 20110020559
The applicant states: * the investigating officer (IO) did not conduct a thorough investigation into the FSM's death * it appears the IO made his decision based on hearsay information told to the police officer at the scene of the accident * the IO stated in his findings that there was no toxicology examination and that is incorrect; additionally, the IO stated he did not interview any witnesses * the police report did not say alcohol was a factor in the accident's cause 3. In this...
ARMY | BCMR | CY2011 | 20110020561
Orders 253-190, dated 9 September 2004, show he was promoted to first lieutenant with an effective date and a DOR of 10 August 2004. The evidence further shows he was promoted to CPT with a DOR of 22 September 2009 and an effective date of 22 April 2011. As a result, the Board recommends that all State Army National Guard and Department of the Army records of the individual concerned be corrected by showing he was promoted to CPT and granted Federal recognition for this promotion with an...
ARMY | BCMR | CY2011 | 20110020567
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his military records by removing from his official military personnel file (OMPF) the following two orders for the Army Good Conduct Medal (AGCM): * Permanent Orders 049-061, 82nd Paratrooper Support Detachment, dated 18 February 2005 * Orders Number 082-005, 3rd Battalion, 21st Infantry Regiment, dated 23 March 2006 2. __________X______________ CHAIRPERSON I...
ARMY | BCMR | CY2011 | 20110020569
The applicant requests correction of his military records to show his retired rank as specialist (SPC), pay grade E-4. He was placed on the retired list effective 30 March 2009, in the rank of SPC, pay grade E-4. Further, the Soldier will be promoted to the designated grade effective the Soldiers separation date.
ARMY | BCMR | CY2011 | 20110020571
The applicant's military records show he enlisted in the U.S. Army Reserve (USAR) on 16 March 2000 for 8 years. With respect to correction to items 12a, 12d, and 12e of his 2007 DD Form 214, the evidence of record shows he enlisted in the USAR on 16 March 2000 for 8 years. With respect to correction to his 2007 DD Form 214 for removal of the entry "Subject To AD Recall" from Item 18, the evidence shows at the time of his REFRAD on 5 October 2007 he had a MSO of 15 March 2008.
ARMY | BCMR | CY2011 | 20110020575
Staff Sergeant (SSG) M states he was the tank commander and the applicant was a tank crewman and loader on the A-16, M48A3 Tank on the day they were both injured. His request for award of the Purple Heart was carefully considered; however, it is not supported by the available evidence of record. Two of the three witness statements submitted by the applicant, from his former tank commander and platoon leader, corroborate being with the applicant on the day he was wounded in the arm and...
ARMY | BCMR | CY2011 | 20110020576
The applicant requests correction of his records to show he was granted the appropriate amount of constructive credit upon entry in the U.S. Army, adjustment of the effective dates and dates of rank (DOR) for his subsequent promotions, and payment of all back pay due as a result of the corrections. Headquarters, Walter Reed Army Medical Center, Washington, DC, Orders 149-02, dated 29 May 2007, that reassigned the applicant from the USUHS Student Detachment, Bethesda, MD, to the USA Center...
ARMY | BCMR | CY2011 | 20110020577
The applicant states he was sentenced to 30 days in military confinement and he was wrongfully held in confinement for 18 months. 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. In the first statement he contends: * he was wrongfully sentenced to a bad conduct discharge by a summary court-martial which cannot be done under the UCMJ * he was sentenced to 30...
ARMY | BCMR | CY2011 | 20110020580
The applicant requests upgrade of his undesirable discharge to a general discharge. On 31 August 1972, the applicant, who was then in civilian confinement, was notified by his commander that he was being considered for elimination from the Army under the provisions of Army Regulation 635-206 (Personnel Separations Discharge - Misconduct (Fraudulent Entry, Conviction by Civil Court, AWOL, Desertion) due to conviction by a civilian court. b. Paragraph 3-7b, provides that a general discharge...
ARMY | BCMR | CY2011 | 20110020581
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 10 July 2008, the applicant consulted with legal counsel and voluntarily requested discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10. The evidence of record shows the applicant consulted with legal counsel and voluntarily requested discharge for the good of the service in lieu of trial by court-martial.
ARMY | BCMR | CY2011 | 20110020585
The applicant requests upgrade of his general discharge to an honorable discharge and change of the reason and authority for his discharge. Under Secretary of Defense (Personnel and Readiness) memorandum, dated 20 September 2011, Subject: Correction of Military Records Following Repeal of Section 654 of Title 10, U.S. Code, provides policy guidance for Service Discharge Review Boards (DRBs) and Service Boards for Correction of Military/Naval Records (BCM/NRs) to follow when taking action on...
ARMY | BCMR | CY2011 | 20110020587
The applicant's contention that his record should be corrected to show award of the Purple Heart was carefully considered. ______________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. ABCMR Record of Proceedings (cont) AR20110020587 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110020587 2 ARMY BOARD...
ARMY | BCMR | CY2011 | 20110020589
On 11 September 1990, the separation authority approved the applicant's request for discharge and directed his discharge under the provisions of Army Regulation 635-200, chapter 10, with a UOTHC character of service. Although an HD or a general discharge (GD) is authorized, a discharge UOTHC is normally considered appropriate. The applicant requests an upgrade of his UOTHC discharge to an HD.
ARMY | BCMR | CY2011 | 20110020595
The applicant requests that his uncharacterized service be characterized as honorable and that his separation code, reentry eligibility (RE) code and narrative reason for separation be changed to reflect information that reflects his exemplary performance throughout his service. There is no evidence in the available records to show that he ever applied to the Army Discharge Review Board for a change of his character of service within that board's 15-year statute of limitations. As a...
ARMY | BCMR | CY2011 | 20110020596
Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualifying period of active duty enlisted service. For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2011 | 20110020597
The applicants military record is not available to the Board for review. This case is being considered using reconstructed records maintained at the NPRC which includes the applicants WD AGO Form 53-55. There is no indication he questioned the DOB at any time during his military service or at the time he was separated from active duty and he did not provide any evidence to the contrary.
ARMY | BCMR | CY2011 | 20110020600
The applicant requests, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) dated 14 December 1967 be corrected to show his award of the Army Good Conduct Medal (AGCM) and his DD Form 214 dated 15 December 1970 be corrected to show his awards of the Purple Heart and the Army Commendation Medal (ARCOM) with one oak leaf cluster (1OLC). On 11 December 1967 General Orders Number 107 were published by the U.S. Army Engineer OCS awarding the...
ARMY | BCMR | CY2011 | 20110020614
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. General Court-Martial Order Number 258, dated 21 September 2007, directed that, as the provisions of Article 71(c), UCMJ, had been complied with; the Army Court of Criminal Appeals had affirmed the court-martial findings and sentence; and the applicant had served his period of confinement; the BCD was to be...
ARMY | BCMR | CY2011 | 20110020618
The applicant requests, in effect, upgrade of his discharge. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. _________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 | 20110020620
Application for correction of military records (with supporting documents provided, if any). On 27 May 2011, the Army Discharge Review Board, after reviewing the applicants request for an upgrade of his discharge, his military records, and all other available evidence, determined the applicants discharge was proper and equitable and voted unanimously not to change the character and reason for his discharge. By regulation, a discharge under other than honorable conditions is normally...
ARMY | BCMR | CY2011 | 20110020622
Application for correction of military records (with supporting documents provided, if any). The applicant requests transfer of his DA Form 67-9 (Officer Evaluation Report (OER)) for the period 1 January 2006 through 31 December 2006 from the performance to the restricted section of his official military personnel file (OMPF). After a comprehensive review of the evidence in the applicant's OMPF, the applicants contentions and arguments, and the evidence submitted in support of his...
ARMY | BCMR | CY2011 | 20110020623
Application for correction of military records (with supporting documents provided, if any). It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. In the absence of military records or other corroborating evidence showing this was not his final unit of assignment prior to release from active duty there is an insufficient basis for correcting his DD Form 214.
ARMY | BCMR | CY2011 | 20110020624
The applicant and the FSM's divorce decree, dated 9 August 2002, stipulated the FSM would continue SBP coverage for the applicant. Therefore, she was ineligible to be the FSM's former spouse SBP beneficiary and also not entitled to receive an SBP annuity from his military retired pay account. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing the FSM changed his SBP election from "spouse" to "former spouse"...