ARMY | BCMR | CY2011 | 20110021629
IN THE CASE OF: BOARD DATE: 7 February 2012 DOCKET NUMBER: AR20110021629 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. In accordance with Title 10, United States Code, Section 1552, the authority under which this Board acts, the Army Board for Correction of Military Records is only empowered to change the severity of the sentence imposed in the court-martial process and then only if clemency is determined to be appropriate. Contrary to his pleas of not guilty, he was found guilty and...
ARMY | BCMR | CY2011 | 20110021630
Counsel requests: * The results of the applicant's adverse separation board proceedings, dated November 2007, be set aside * The applicant's subsequent discharge, dated 22 October 2008, be voided * The applicant be reinstated into the U.S. Army Reserve in order to complete the time needed for full retirement * A personal appearance before the Board 2. On 14 June 2008, the Chief, U.S. Army Reserve ordered the applicant discharged from the USAR for moral or professional dereliction of duty,...
ARMY | BCMR | CY2011 | 20110021639
Application for correction of military records (with supporting documents provided, if any). Evidence indicates the applicant, a member of the Army Air Corps, may have served in an "infantryman" capacity with other infantryman who received the Combat Infantryman Badge. As such, there is an insufficient basis for which to support award of the Combat Infantryman Badge or a second award of the Bronze Star Medal based on award of the Combat Infantryman Badge.
ARMY | BCMR | CY2011 | 20110021642
The applicant states the evidence within the FLIPL shows he had no responsibility for the property listed. On 16 May 2011, CPT H____, Commander, HHC, and the applicant were notified that they were being recommended for charges for financial liability to the U.S. Government in the amount of $35,942.01 for the loss of U.S. Government property investigated under subject of property loss. Before assessing financial liability, the U.S. Government must establish an individual's negligence under...
ARMY | BCMR | CY2011 | 20110021645
The applicant requests removal of a general officer memorandum of reprimand (GOMOR), dated 11 March 2011, and a relief-for-cause officer evaluation report (OER), dated 11 May 2011, from her official military personnel file (OMPF). The applicant states: * she received a GOMOR that was permanently filed in her record in May 2011 * she also received a relief-for-cause OER which indicates negative Army values as a result * she underwent a board of inquiry to determine the status of her...
ARMY | BCMR | CY2011 | 20110021648
The applicant provides the following additional documentary evidence in support of his request: * transcripts, State University of New York at Buffalo, Ph.D. awarded 1 June 1996 in biochemistry * diploma, State University of New York at Buffalo, Doctor of Philosophy awarded 1 June 1996 * transcripts, Indiana University School of Medicine, Doctorate in Medicine awarded 9 May 2010 * diploma, Indiana University School of Medicine, Doctor of Medicine awarded 9 May 2010 * DA Form 5074-R (Record...
ARMY | BCMR | CY2011 | 20110021650
The evidence of record shows he was promoted to SGT/E-5, effective 16 February 2006; however, the period of service covered by his DD Form 214 ended on 28 November 2005. Army Regulation 635-5 states that item 14 documents those training courses successfully completed during the period of active duty covered by the DD Form 214. As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214, for the period ending 28 November 2005, by...
ARMY | BCMR | CY2011 | 20110021651
BOARD DATE: 3 May 2012 DOCKET NUMBER: AR20110021651 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). He completed 2 years of active service and his DD Form 214 issued at the time of REFRAD reflects an SSN that is not contained on his Social Security Card and amounts to a third SSN being used in his records.
ARMY | BCMR | CY2011 | 20110021654
The applicant requests reconsideration of his earlier request to upgrade his undesirable discharge to a general discharge. On 12 January 1971, he consulted with legal counsel and requested discharge for the good of the service in lieu of trial by court-martial under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations). On 5 March 1979, the Army Discharge Review Board denied his request for an upgrade his discharge.
ARMY | BCMR | CY2011 | 20110021656
The applicant requests, in effect, an exception to policy to transfer his educational benefits to eligible dependents under the Transfer of Education Benefits (TEB) provisions of the Post-9/11 GI Bill. 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. As a result, the Board...
ARMY | BCMR | CY2011 | 20110021657
Military Personnel Records and advisory opinions (if any). The opinion points out: * the documentation provided by the applicant verifies his employment with MIT between the dates 1 September 2004 through 31 December 2008 * the applicant's time spent as a paid employee of MIT should have been counted toward constructive service credit in accordance with regulations * the applicant's total constructive service credit awarded for this period should have reflected 2 years, 1 month, and 30...
ARMY | BCMR | CY2011 | 20110021659
Application for correction of military records (with supporting documents provided, if any). Title 10, U.S. Code, section 1413a (CRSC) provides that eligible members are those retirees who have 20 years of service for retired pay computation and who have disabilities that are the direct result of armed conflict, specially hazardous military duty, training exercises that simulate war, or caused by an instrumentality of war. Therefore, the Board determined that the overall merits of this...
ARMY | BCMR | CY2011 | 20110021661
The applicant requests, in effect, an exception to policy to transfer his educational benefits to eligible dependents under the Transferring Educational Benefits (TEB) provisions of the Post-9/11 GI Bill. The applicant had more than 21 years of service upon retirement, so he was eligible to transfer benefits to either his spouse or children if he completed the request before leaving military service. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2011 | 20110021662
The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Statement from her commander * Enlisted Service Data printouts * Orders C-10-015237 (transfer from IRR to TPU) * Orders 115-1306 (discharge orders from the Regular Army) * Self-authored statement * DA Form 4187 (Personnel Action) * Multiple orders to unit training * Multiple Leave and Earnings Statements CONSIDERATION OF EVIDENCE: 1. Her DD Form 214 shows she was discharged in the rank/grade of...
ARMY | BCMR | CY2011 | 20110021665
The applicant, the spouse and legal guardian of a former service member (FSM), requests correction of her husband's DD Form 214 (Certificate of Release or Discharge from Active Duty) to include time spent on the Temporary Disability Retirement List (TDRL). On 18 May 1983, a PEB found the FSM was physically unfit and recommended a combined disability rating of 100% and that the FSM be permanently retired from the service. The evidence of record confirms the FSM entered active duty on 19...
ARMY | BCMR | CY2011 | 20110021667
He received all "excellent" conduct and efficiency rating during his active duty service; there is no evidence of any disciplinary actions or a commander's disqualification for the Army Good Conduct Medal; he attained the rank of sergeant (SGT); and he received multiple awards for meritorious service and achievement, and one for valor. Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 22 June 1968 through 12 December 1969 and...
ARMY | BCMR | CY2011 | 20110021668
The applicant requests, in effect, correction of her records to show she was transferred to the Retired Reserve with eligibility for retired pay at age 60 instead of discharged due to disability with severance pay. In view of the foregoing, the applicant's record should be corrected to show she elected Reserve Retirement in lieu of severance pay as follows: a. correcting her DD Form 214 and/or any related documents to show she was separated due to physical disability - other with an SPD...
ARMY | BCMR | CY2011 | 20110021671
Application for correction of military records (with supporting documents provided, if any). The applicant states that in May 2000, while undergoing Physical Disability Evaluation System (PDES) processing she maintained her promotion standing list status by submitting awards, civilian, and military education documents. The evidence of record confirms the applicant did not have a current APFT score in May 2002 and her promotion point total was adjusted to 396 points.
ARMY | BCMR | CY2011 | 20110021672
The applicant states the OER is unfair and inaccurate and should be removed from his OMPF because: a. there was no face-to-face counseling accomplished during the first 30 days of the rating period, nor was a substitute employed; b. there was no use of the DA Form 67-9-1a (Junior Officer Development Support Form); c. the DA Form 67-9-1 (Officer Evaluation Report Support Form) was used improperly; d. his rater was not qualified to rate him since he worked for the rater less than 90 days (the...
ARMY | BCMR | CY2011 | 20110021675
Army Regulation 600-8-22 (Military Awards) states the Southwest Asia Service Medal (SWASM) is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995. Therefore, in the interest of justice, this error should be corrected by awarding the applicant the AGCM (1st Award) and correcting his DD Form 214 to show this award. Awarding him the AGCM (1st Award) for the...
ARMY | BCMR | CY2011 | 20110021676
This official stated the applicant was requesting renegotiation of his current 4-year PA CSRB agreement at $25,000.00 per year for the period 1 October 2008 through 30 September 2012 to a new PA CSRB agreement at $25,000.00 per year for the period 1 October 2009 through 30 September 2013. A review of the applicant's pay file indicates no record of the PA CSRB agreement submission for the period requested. The evidence shows he submitted a memorandum for the Chief, AMEDD Special Pay Branch,...
ARMY | BCMR | CY2011 | 20110021677
Special Orders Number 170 AR, dated 27 July 2011, shows the applicant was granted permanent Federal recognition for his initial appointment as a WO1 with an effective date of 23 November 2010. c. National Guard Bureau Policy Memorandum #07-226, subject: Policy to Appoint Sergeant First Class (SFC) to Chief Warrant Officer Two (CW2), dated 14 August 2007, states: (1) Effective on the date of this memorandum, States are authorized to appoint SFC (E-7) to the grade of CW2 if they meet the...
ARMY | BCMR | CY2011 | 20110021691
Orders D41-11, dated 1 March 2001, show that on 1 March 2001 he was removed from the TDRL and permanently retired the following day in the grade of rank of SSG/E-6. The evidence of record shows the applicant was selected for promotion to SFC with a sequence number of "2" prior to his placement on the TDRL on 25 June 1997. However, he is entitled to correction of his retirement orders to show he was placed on the retired list on 26 June 1997, in the grade of E-7.
ARMY | BCMR | CY2011 | 20110021692
The DD Form 214 he was issued confirms he was discharged under the provisions of chapter 14 of Army Regulation 635-200 by reason of misconduct - frequent involvement in incidents of a discreditable nature with civil and/or military authorities, with service characterized as under other than honorable conditions. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. His repeated misconduct and failure to respond...
ARMY | BCMR | CY2011 | 20110021695
Application for correction of military records (with supporting documents provided, if any). Subsequent to receiving this legal counsel, he voluntarily requested discharge in lieu of trial by court-martial under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations - Enlisted Personnel). On 26 December 1984, the separation authority approved the applicant's request for discharge and directed he be discharged under the provisions of Army Regulation 635-200, chapter...
ARMY | BCMR | CY2011 | 20110021696
The applicant provides a letter, dated 29 April 2011, to her from the Retired and Annuity Pay Branch, DFAS, wherein it stated her request for an SBP annuity was denied as her application was received after the 6-year statute of limitations had expired. Therefore, the record should be corrected to show she applied for the RCSBP annuity in a timely manner. As a result, the Board recommends that all Department of the Army records of the FSM be corrected by showing the applicant applied for...
ARMY | BCMR | CY2011 | 20110021699
The applicant requests, in effect, relief from the 6-year barring statute in order to receive payment for military service performed and correction of her basic pay rate as a commissioned officer to show she had 1,460 retirement points as an enlisted member and therefore, is entitled to payment of the difference in E pay for the years 2004 through 2006. Her OMPF contains a National Guard Bureau Form 22 (Report of Separation and Record of Service) for the period ending 19 April 2000, which...
ARMY | BCMR | CY2011 | 20110021702
Counsel states his first name is shown as Alex on his birth certificate. Counsel provides: * Certificate of Birth from the State of Louisiana * Certificate of Registry of Marriage from the County of San Bernardino, CA * WD AGO Form 100 (Separation Qualification Record) * WD AGO Form 53-55 with a date of separation of 7 January 1946 * General Power of Attorney, dated 16 July 1993 * Admission statement, with date of admission of 11 January 2011, from Redlands Community Hospital, Redlands,...
ARMY | BCMR | CY2011 | 20110021703
The applicant states: * he was paid at the E-3 rate rather than the E-5 rate while he was a Simultaneous Membership Program (SMP) cadet in the South Carolina Army National Guard (ARNG) * he made numerous attempts to correct the error * it was not until July 2010 that the State of South Carolina published orders promoting him to E-5 for the period beginning 18 October 2001 and ending 8 May 2003, before being commissioned upon college graduation * National Guard Regulation 600-100...
ARMY | BCMR | CY2011 | 20110021705
Individuals had to be serving on active duty at the time benefits were transferred and there is no record of such a transfer being made. Service members must have served on active duty in the Regular Army or as a Reserve member ordered to active duty under Title 10, U.S. Code, sections 688, 12301(a), 12301(d), 12301(g), 12302, and 12304 (orders in support of contingency operations, i.e., mobilization), and must have received an honorable discharge at the conclusion of active duty service. ...
ARMY | BCMR | CY2011 | 20110021707
Counsel states: * the applicant served with pride for almost 15 years in the U.S. Marine Corps (USMC), Regular Army (RA), and the U.S. Army Reserve (USAR) * he received numerous awards and decorations including the Aviation Badge * his physical condition while serving in the military was excellent until January 1972 when he was diagnosed as having aortic insufficiency * this medical condition was severe enough to disqualify him from continuing to perform flight duties which in turn prompted...
ARMY | BCMR | CY2011 | 20110021709
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Southwest Asia (SWA) during Operations Desert Shield and Desert Storm, as well as any awards or service medals he may be entitled to for that service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. The applicants request for correction of his DD Form 214 to show his service in...
ARMY | BCMR | CY2011 | 20110021710
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) by amending his Home of Record (HOR). Orders 169-0008, dated 18 June 2009, amended the previous retirement order by changing his HOR from South Amboy, NJ to Vigan, Ilocos Sur, Philippines. There is no authority to change the HOR as officially recorded at the time of entry into the military service.
ARMY | BCMR | CY2011 | 20110021711
His maximum promotion eligibility date based on his selection for promotion by the 2005 Captain AMEDD Promotion Board was established as 3 March 2008. d. He was assigned to a first lieutenant (medical services) position effective 21 September 2002. e. He was promoted to captain with a date of rank of 9 November 2007, the date which reflects his assignment to a captain position. No other first lieutenant MSC officers were available to take the position and local command policy did not allow...
ARMY | BCMR | CY2011 | 20110021714
The applicant requests his honorable discharge from the Puerto Rico Army National Guard (PRARNG) for being medically unfit for retention be revoked and he be reinstated in the PRARNG for the purpose of being processed through the Army Physical Disability Evaluation System (PDES). This condition caused him to be physically unfit at the time of discharge and he was not referred to the PDES. The applicant provides: * DA Form 2173 (Statement of Medical Examination and Duty Status) * DA Form...
ARMY | BCMR | CY2011 | 20110021715
The applicant requests an upgrade of his discharge to a general discharge (GD). There is no indication he applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. The applicant's request that his discharge be upgraded to a GD was carefully considered and it was determined that there is insufficient evidence to support this request.
ARMY | BCMR | CY2011 | 20110021716
His DD Form 214 shows the: * National Defense Service Medal * Vietnam Service Medal * Army Commendation Medal * Republic of Vietnam Campaign Medal * One overseas service bar 5. The evidence of record shows 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 deleting from his DD Form 214 the Vietnam Service Medal and one bronze service star and adding to his DD Form 214 the: * Bronze...
ARMY | BCMR | CY2011 | 20110021719
The applicant's records contain a DD Form 47 (Record of Induction), dated 20 March 1968, that shows his SSN as XXX-X6-XXXX and his DOB as 12 May 1949. The evidence of record shows the applicant's SSN was listed as XXX-X6-XXXX upon his induction into the AUS. __________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 | 20110021720
The evidence of record shows the applicant was awarded the Army Commendation Medal (1st Award) and Combat Action Badge during his period of active duty from 7 December 2003 through 30 March 2005. The available evidence shows he completed a qualifying period of service for award of the Army Good Conduct Medal (First Award) from 7 December 2003 through 20 March 2005. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: *...
ARMY | BCMR | CY2011 | 20110021721
BOARD DATE: 26 April 2012 DOCKET NUMBER: AR20110021721 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his general discharge (GD) be upgraded to an honorable discharge (HD). While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the...
ARMY | BCMR | CY2011 | 20110021727
Application for correction of military records (with supporting documents provided, if any). Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations. Therefore, in the absence of sufficient evidence to show that he served in Vietnam in any capacity, there appears to be no basis to grant his request.
ARMY | BCMR | CY2011 | 20110021730
The applicant requests award of the Combat Infantryman Badge (CIB). The DD Form 214 he was issued upon his REFRAD shows he earned the following awards during his active duty tenure: * National Defense Service Medal * One Overseas Service Bar 7. Unfortunately, without orders showing he received the CIB or evidence showing he served in active ground combat while performing infantry duties, there is insufficient basis for correcting his record to show he was awarded the CIB.
ARMY | BCMR | CY2011 | 20110021737
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant states that she should have been afforded evaluation by a medical evaluation board (MEB) before exiting the service and was not provided the opportunity, which was a clear violation of the medical fitness regulation. On 25 August 2010, while attending flight school at Fort Rucker, Alabama, the Director, U.S. Army Aeromedical Activity at Fort Rucker initiated a recommendation for medical disqualification from further...
ARMY | BCMR | CY2011 | 20110021739
On 21 August 2006, the applicant completed a DD Form 2697 (Report of Medical Assessment). Commanders may approve separation under this paragraph on the basis of other physical or mental conditions not amounting to disability under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) and excluding conditions appropriate for separation processing under paragraph 5-11 (separation of personnel who did not meet procurement medical fitness...
ARMY | BCMR | CY2011 | 20110021743
Chapter 2 contains guidance on the preparation of the DD Form 214 and states that: a. a DD Form 214 will be issued when an enlisted Soldier is discharged to continue on active duty as a commissioned or warrant officer; b. for the entries at item 11 (Primary Specialty), the titles of all MOS's or areas of concentration (AOC), served in for at least 1 year during the period covered by the DD Form 214, are to be entered with the number of years and months shown. For time determination, 16 days...
ARMY | BCMR | CY2011 | 20110021745
IN THE CASE OF: BOARD DATE: 19 April 2012 DOCKET NUMBER: AR20110021745 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterized the misconduct for which the applicant was convicted. The applicant had already been issued a clemency discharge.
ARMY | BCMR | CY2011 | 20110021746
The applicant requests correction of U.S. Army Reserve (USAR) Personnel Command (AR-PERSCOM) Orders D-07-136502 to show the effective date of his discharge from the USAR Control Group (Reinforcement) as 14 December 1997 instead of 31 July 2001. His military records show he enlisted in the USAR on 15 October 1983 for a period of 6 years. On 14 July 1991, he reenlisted in the USAR for a period of 6 years resulting in an ETS date of 13 July 1997.
ARMY | BCMR | CY2011 | 20110021747
Army Regulation 635-5 (Separation Documents) states when an active duty Soldier is deployed with his unit during the period covered by the DD Form 214, an entry will be made in item 18 to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format. Based on his statement and corroborated by the DD Form 2648 it is reasonable to conclude he was assigned to the 4th Battalion, 42nd Field Artillery during the period of his deployment. He served 30 consecutive days on...
ARMY | BCMR | CY2011 | 20110021754
The applicant states he was discharged from the military without a physical evaluation board (PEB). The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 25 August 2003 * DD Form 689 (Individual Sick Slip), dated 16 July 2003 * DA Form 2173 (Statement of Medical Examination and Duty Status), dated 1 August 2003 * Standard Form 600 (Health Record Chronological Record of Medical Care), dated 5 August 2003 * magnetic resonance...
ARMY | BCMR | CY2011 | 20110021756
On 12 December 1983, the applicant was advised of his unit commander's intent to discharge him from the Army under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 14-12b. On 12 December 1983, the applicant's immediate commander initiated separation action against him in accordance with chapter 14-12b, Army Regulation 635-200, due to misconduct-pattern of misconduct. The ADRB denied his request for an upgrade of his discharge on 14 May 1985.