ARMY | BCMR | CY2011 | 20110023313
The FSM made a conscious decision to waive his military retired pay in order to allow credit of his military service for a Civil Service retirement annuity, and it appears he drew Civil Service retired pay for about 4 years. _______ _ 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) AR20110023313 3 ARMY BOARD FOR CORRECTION OF...
ARMY | BCMR | CY2011 | 20110023324
The applicant requests award of the Purple Heart and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show it. Nothing in five typical documents show he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart: * Item 40 (Wounds) of his DA Form 20 does not show a combat wound or injury * His records do not contain general orders authorizing him award of the Purple Heart * His name is not shown on the...
ARMY | BCMR | CY2011 | 20110023325
On 16 January 1943, he entered active service following a brief period of service in the Enlisted Reserve Corps. His DD Form 214 shows he was awarded or authorized the: * EAME Campaign Medal * GCM * AOM (Germany) * World War II Victory Medal * CIB (2nd Award) * NDSM (2nd Award) * five Overseas Service Bars * KSM * UNSM * BSM (2nd Award) * ROKPUC 6. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by making the following...
ARMY | BCMR | CY2011 | 20110023328
A review of the applicant's military personnel records failed to reveal any evidence the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. Records show the applicant's discharge under the provisions of Army Regulation 635-206 based on misconduct (civil conviction) was administratively correct and in compliance with applicable regulations in effect at the time. _____________X____________ CHAIRPERSON I certify that...
ARMY | BCMR | CY2011 | 20110023330
The applicant requests his deployment to the Persian Gulf during Operation Desert Storm in 1991 be documented on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 11 December 1992. The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991. c. The Kuwait...
ARMY | BCMR | CY2011 | 20110023337
Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. While the applicant's sincerity is not in doubt, in the absence of corroborating evidence showing he was wounded as a result of hostile action, treated for those wounds and that treatment was made a matter of official record, the third-party statement provided is insufficient evidence on which to base awarding him the Purple Heart...
ARMY | BCMR | CY2011 | 20110023339
On 20 March 1970, nonjudicial punishment (NJP) was imposed against the applicant for being absent without leave (AWOL) from 14 March 1970 to 16 March 1970. He was transferred to the United States on 20 July 1971 and discharged with under other than honorable conditions under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel) as a result of conviction by a special court-martial. Therefore, the applicant's record of service is insufficiently meritorious to...
ARMY | BCMR | CY2011 | 20110023340
On 5 April 1974, the separation authority approved the applicant's voluntary request for discharge and directed that he be furnished an undesirable discharge. He was discharged on 15 April 1974 for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10, with an undesirable discharge. _______ _ X_______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...
ARMY | BCMR | CY2011 | 20110023346
Application for correction of military records (with supporting documents provided, if any). The counseling record also shows he continued to request a discharge. There is no indication the applicant petitioned to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations.
ARMY | BCMR | CY2011 | 20110023350
The applicant requests an upgrade of his general discharge to a fully honorable discharge. On 29 August 1978 subsequent to a review by the Command Judge Advocate for legal sufficiency, the separation authority approved the applicant's discharge under the provisions of paragraph 5-37 of Army Regulation 635-200 by reason of failure to meet acceptable standards for continued military service and directed receipt of a General Discharge Certificate. The evidence of record shows the applicant...
ARMY | BCMR | CY2011 | 20110023353
The applicant states in 1994 he failed his drug test and requested assistance in the form of counseling. On 8 June 1994, the separation authority approved the applicant's discharge under the provisions of chapter 14, Army Regulation 635-200, paragraph 14-12c, and directed he receive a GD. _______ _ __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 | 20110023359
Soldiers will appear before an MMRB within 60 days from the date the DA Form 3349 (Physical Profile) is signed by the appropriate approving authority. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), in effect at the time, stated the medical treatment facility commander with the primary care responsibility evaluated those referred to him and would, if it appeared as though the member was not medically qualified to perform duty or failed to meet...
ARMY | BCMR | CY2011 | 20110023372
Paragraph 14o of NGB, Arlington, Virginia, Selected Reserve Incentive Program Guidance for Fiscal Year 2007 (Policy Number 07-06), dated 10 August 2007 and updated annually through March 2010, provides that in order to be eligible for receipt of the OAB, applicants must sign their bonus addenda on the date that they accept their appointment/commission and meet the following eligibility requirements: a. As a matter of equity, relief should be granted in this case by: a. showing he executed...
ARMY | BCMR | CY2011 | 20110023374
His Army Reserve Personnel Command (ARPC) Form 249-E (Chronological Statement of Retirement Points) shows he completed 12 years of qualifying service toward non-Regular retirement. Since he was discharged due to a medical disqualification, he completed 15 qualifying years, and he was in the Selected Reserve at the time, he should be issued a 15-year letter and orders transferring him to the Retired Reserve. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2011 | 20110023375
On 26 June 2009, the applicant received counseling regarding his company commander's decision to initiate action to separate him under the provisions of Army Regulation 635-200, chapter 14, for patterns of misconduct. However, his available record shows an administrative separation board found he had committed two serious offenses and recommended he be discharged with a UOTHC discharge. He provided no evidence or a convincing argument to show his discharge should be upgraded and his...
ARMY | BCMR | CY2011 | 20110023377
Correction of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending: * 30 August 1956, to show his assignment to the Aviary Section 8240, Korea, from 23 November 1953 to 20 September 1954 and award of the Republic of Korea Parachutist Badge * 23 August 1968, to show the Armed Forces of the Philippines (AFP) Master Parachutist Badge * 31 October 1970, to show his last duty assignment as the 5th Special Forces Group and award of the Army...
ARMY | BCMR | CY2011 | 20110023378
The applicant, the daughter of a deceased former service member (FSM), requests that the Reserve Component Survivor Benefit Plan (RCSBP) election made by her deceased father be changed to show he elected Option C to provide immediate coverage upon his death. On 3 November 2011, officials at HRC dispatched a letter to the applicant informing her that because the FSM had elected Option B, an annuity would not be provided until 23 June 2015, the FSM's 60th birthday. Three options are...
ARMY | BCMR | CY2011 | 20110023381
The applicant requests promotion to the rank/grade of colonel (COL)/O-6 effective 15 September 2010, the date he was placed on the Retired List. He was considered and recommended for promotion by the fiscal year (FY) 2010 COL Army Promotion List (APL) promotion selection board and his name was placed on the recommended for promotion list awaiting Senate confirmation. The applicant was considered and recommended for promotion to COL by the FY2010 APL promotion selection board; however, he...
ARMY | BCMR | CY2011 | 20110023382
The applicant states: * his discharge is unjust due to policy changes of the U.S. Army in regard to discharge of homosexuals * his discharge is improper because it denied him the rights available to enlisted personnel in the administrative discharge proceedings * he defers to counsel COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. Counsel states: * the applicant was discharged for the good of the service because he is a homosexual * the applicant was accused of a homosexual act with another...
ARMY | BCMR | CY2011 | 20110023385
As new evidence, the applicant provides: a. There is no evidence in the applicants records and he has not provided any evidence that shows he was wounded or injured as a result of hostile action, that he was treated for such wounds by medical personnel, and that his treatment was made a matter of official record. In the absence of evidence that conclusively shows he was wounded as a result of hostile action, there is insufficient evidence upon which to base award of the Purple Heart in...
ARMY | BCMR | CY2011 | 20110023386
The applicant requests correction of her record to show she incurred an active duty obligation (ADO) of 3 years instead of 4 years. She states: a. paragraph 2a of her DA Form 591g (Reserve Officers Training Corps (ROTC) Supplemental Service Agreement for Special Medical Program Participants), states "If delayed to pursue a degree in medicine I will serve on AD for a period of 3 consecutive years"; b. the error in item 3b (Scholarship obligation) states "4-year ADO" which is not outlined in...
ARMY | BCMR | CY2011 | 20110023388
The applicant provides a copy of his request for review of discharge that he submitted to the PRARNG and his previous requests to the Army Board for Correction of Military Records (ABCMR) which included documents from his medical treatment records and the VA. There is no evidence the applicant was referred to an MEB or PEB during the period of service under review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2011 | 20110023390
The applicant provides: * Orders 343-072 (Retired Reserve) * National Guard Bureau (NGB) Form 23B (Army National Guard (ARNG) Retirement Points History Statement) * Letters from her divorce attorney * Superior Court of the State of New York, County of Orange, Court Order Acceptance for Processing and Amended Court Order Acceptable for Processing * Correspondence with and from DFAS * DD Form 2656-10 (SBP/RCSBP Request for Deemed Election) * Copies of certified mail receipts * Letter from...
ARMY | BCMR | CY2011 | 20110023392
The applicant provides: * Orders for the Bronze Star Medal with "V" Device * DD Form 214 CONSIDERATION OF EVIDENCE: 1. Although there are no orders for the CIB in the available records, evidence shows the applicant served as an infantryman 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. awarding him the CIB effective 5 December 1965; b. awarding him the first award of the...
ARMY | BCMR | CY2011 | 20110023396
A DA Form 2173 (Statement of Medical Examination and Duty Status), dated 16 January 2007, shows the applicant was treated for neck pain and received physical therapy while in a medical hold status. By law and regulation, when a Reservist is unfit he/she will be transferred to the Retired Reserve if eligible and when a Soldier is being processed for separation or retirement for reasons other than physical disability continued performance of assigned duty commensurate with his or her rank or...
ARMY | BCMR | CY2011 | 20110023398
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the: * correct spelling of his middle name is "Arnol--" vice "Anor--" * fifth digit of his social security number (SSN) as "2" versus "5" 2. A review of his record also shows the spelling of his middle name as "Arnol--" appears on all documents containing a middle name to include the following forms: * Record of Induction, dated 4 April 1966 * DD Form 398...
ARMY | BCMR | CY2011 | 20110023400
The applicant's military records are not available to the Board for review. Regrettably, there is insufficient evidence on which to award the Purple Heart in this case. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge; b. adding the Bronze Star Medal, World War II Victory Medal, and two bronze service stars for wear on his...
ARMY | BCMR | CY2011 | 20110023401
The Purple Heart requires: * the wound was the result of hostile action * treatment of the wound by military medical personnel * documentation of the wound in official records * orders awarding the decoration 3. There is no evidence of record and the applicant did not provide any evidence that shows he was wounded or injured as a result of hostile action in Vietnam. _______ _ X_______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the...
ARMY | BCMR | CY2011 | 20110023403
His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal (VSM) * Combat Infantryman Badge * Republic of Vietnam (RVN) Campaign Medal with Device (1960) * ARCOM 6. He provides a Purple Heart Certificate showing he was awarded the Purple Heart for wounds received in action in Vietnam on 30 March 1970. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him...
ARMY | BCMR | CY2011 | 20110023404
Application for correction of military records (with supporting documents provided, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Headquarters, 2nd Battalion, 27th Infantry Regiment, 3rd Infantry Brigade Combat Team, Memorandum for the applicant, subject: Separation Under the Provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), Chapter 5, Paragraph 5-17, Other Designated Physical or Mental Conditions, dated 12 August 2008, indicated his...
ARMY | BCMR | CY2011 | 20110023405
BOARD DATE: 15 May 2012 DOCKET NUMBER: AR20110023405 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Military Personnel Records and advisory opinions (if any). (A service member is considered to be retirement eligible if he or she has completed 20 years of active duty or 20 qualifying years of Reserve service.)
ARMY | BCMR | CY2011 | 20110023408
IN THE CASE OF: BOARD DATE: 15 May 2012 DOCKET NUMBER: AR20110023408 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his final rank as sergeant (SGT)/E-5. The applicant was promoted to SGT/E-5 prior to release from active duty and transferred to the USAR in this rank.
ARMY | BCMR | CY2011 | 20110023411
The applicant requests his undesirable discharge be upgraded to honorable. However, his discharge orders and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) show he was discharged on 27 November 1972 for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10, with an undesirable discharge. There is no evidence the applicant applied to the Army Discharge Review Board (ADRB) for upgrade of his...
ARMY | BCMR | CY2011 | 20110023412
Application for correction of military records (with supporting documents provided, if any). Consistent with the chain of command's recommendations, the separation authority approved the applicant's discharge and ordered him discharged from the Army under the provisions of Army Regulation 635-212 for unfitness with an Undesirable Discharge Certificate. The above regulation also stated that an undesirable discharge was normally issued unless the particular circumstances warranted a general...
ARMY | BCMR | CY2011 | 20110023415
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 evidence of record confirms the applicant served in the RVN from 5 September 1969 through 4 September 1970 and therefore, his DD Form 214 for the period ending 29 January 1971 should be corrected to show the RVN Gallantry Cross with Palm...
ARMY | BCMR | CY2011 | 20110023422
On 5 September 2007, the applicant was notified of his commanders intent to initiate separation action against him under the provisions of Army Regulation 635-200 (Personnel Separations Active Duty Enlisted Administrative Separations), chapter 5-13, Personality Disorder. Paragraph 5-13 provides that a Soldier may be separated for personality disorder, not amounting to disability under Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), that interferes...
ARMY | BCMR | CY2011 | 20110023426
The applicant requests reconsideration of correction to his record by removing a Certificate of Training for completion of the Combat Lifesaver Course from his Official Military Personnel File (OMPF). In a sworn affidavit, the applicant states while reviewing his OMPF in preparation for below-the zone consideration by a promotion board he discovered a Certificate of Training for completion of the Combat Lifesaver Course was erroneously filed in his OMPF. Army Regulation 600-8-104 (Military...
ARMY | BCMR | CY2011 | 20110023428
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 October 2010 to show his home of record (HOR) as "Fort Rucker, AL" instead of "Harvey, LA." There is no authority to change the HOR as officially recorded at time of entry into the military service. In this case, the evidence of record shows upon his initial enlistment in the DEP and subsequent enlistment in the RA on 17 November 1988, he listed his HOR as...
ARMY | BCMR | CY2011 | 20110023429
His son's Kansas University ID card, issued 6 September 2011, and University of Kansas transcripts, dated 18 November 2011, show the applicant's son attended the university from Fall 2005 though Fall 2011. c. A VA letter, dated 22 September 2011, informed the applicant's son that his application for benefits was received by the VA. d. Email messages, subject: Transfer of Benefits Problems, show: (1) on 12 November 2011, the applicant contacted the Army G-1 and presented the issue he now...
ARMY | BCMR | CY2011 | 20110023436
IN THE CASE OF: BOARD DATE: 24 May 2012 DOCKET NUMBER: AR20110023436 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. However, based on the facts and circumstances surrounding the action that resulted in the applicant being awarded the SS as presented by the recommending official and his fellow company commanders, coupled with the fact that the SS order provided on another officer supports the recommending official's assertion of administrative errors in the division's awards procedures that...
ARMY | BCMR | CY2011 | 20110023442
There is no evidence in his records and he provides none to show he was awarded a second award of the Bronze Star Medal with "V" Device. 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: a. awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 9 April 1968 through 8 April 1970; and b....
ARMY | BCMR | CY2011 | 20110023443
The applicant provides: * Birth certificate * DD Form 214 * Copy of an envelope from the National Personnel Records Center showing the correct spelling of his last name CONSIDERATION OF EVIDENCE: 1. The applicant's DD Form 398 (Statement of Personal History), dated 12 August 1970 shows his last name as Bxxxdon. __________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 | 20110023445
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded an additional Bronze Star Medal and that the Army Good Conduct Medal listed be changed to the Army Commendation Medal because officers are not awarded the Army Good Conduct Medal. Records show the applicant participated in six campaign periods during his service in Vietnam. As a result, the Board recommends that all Department of the Army records...
ARMY | BCMR | CY2011 | 20110023448
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his separation date as 19 November 1989. The applicants DD Form 4 (Enlistment/Reenlistment Document) shows he enlisted in the U.S. Army Reserve (USAR) on 31 August 1987 under the Delayed Entry Program and he enlisted in the Regular Army on 19 November 1987 for a period of 2 years, which established his expiration term of service (ETS) date as 18 November 1989. ...
ARMY | BCMR | CY2011 | 20110023449
The applicant states that he enlisted in the Regular Army in 1952 and served for almost 2 years and was unjustly given an undesirable discharge because he was unable to read. Army Regulation 615-368, in effect at the time, set forth the basic authority for the separation of enlisted personnel by reason of unfitness. _______ _ _ 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...
ARMY | BCMR | CY2011 | 20110023451
The applicant requests his general discharge be upgraded to honorable under the Department of Defense (DOD) Special Discharge Review Program (SDRP). This program, known as the DOD SDRP, required, in the absence of compelling reasons to the contrary, that a discharge upgrade to either honorable or general be issued in the case of any individual who had either completed a normal tour of duty in Southeast Asia, had been wounded in action, had been awarded a military decoration other than a...
ARMY | BCMR | CY2011 | 20110023452
ARMY | BCMR | CY2011 | 20110023455
The applicant provides his DD Form 214. Item 6 (MOS) of his DA Form 2-1 (Personnel Qualification Record) shows his PMOS as 76D and his SMOS as 67N. Since he held the SMOS of 67N at the time of separation, he is entitled to correction of his DD Form 214 to show this MOS, title, and the date awarded in item 17a.
ARMY | BCMR | CY2011 | 20110023456
It states the HOR address entered on the enlistment contract will be the address declared by the applicant to be his or her permanent home or actual home at the time of enlistment. Further, the applicant has not provided evidence to show that his HOR was entered incorrectly on his enlistment contract. _____________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 | 20110023460
A review of the applicant's military records reveals: a. she had served in the Regular Army from 1979 to 1985 using the name of Sonia Noemi G----a; b. she served in the Puerto Rico Army National Guard (PRARNG) from 1986 to 2002 using the name Sonia Noemi P---z-C----o; c. she was transferred to the Retired Reserve using this same name; d. that essentially every document in her military record shows her first name as Sonia and either Noemi or the letter "N" as her middle name; and e. her...