ARMY | BCMR | CY2011 | 20110023461
There is no indication the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. The applicants request that his discharge be upgraded was carefully considered and it was determined that there is insufficient evidence to support this request. _______ _ 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 | 20110023462
On 17 January 1972, he voluntarily submitted a request for discharge 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. It also does not show he applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. The characterization of service for this type of discharge is normally under other than honorable...
ARMY | BCMR | CY2011 | 20110023463
The applicant requests that her under other than honorable conditions discharge be upgraded to an honorable discharge. On 18 November 1994, the separation authority approved the applicant's request for discharge under the provisions of Army Regulation 635-200, chapter 10, and directed the issuance of an Under Other Than Honorable Conditions Discharge Certificate. _______ _ X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army...
ARMY | BCMR | CY2011 | 20110023464
On 24 April 1965, the applicant's company commander recommended he be discharged under the provisions of Army Regulation 635-209 (Personnel Separations - Discharge - Unsuitability). The evidence of record shows the applicant's separation under the provisions of Army Regulation 635-209 for unsuitability was administratively correct, all requirements of law and regulations were met, the rights of the applicant were fully protected throughout the separation process, and the applicant was...
ARMY | BCMR | CY2011 | 20110023467
The applicant requests, in effect, the records of her late husband, a former service member (FSM), be corrected by upgrading his undesirable discharge (UD) to an honorable discharge. There is no evidence in the FSM's records that shows he petitioned the Army Discharge Review Board for a review of his discharge within that board's 15-year statute of limitations. There is no evidence of record and the applicant has not provided any evidence to show the FSM was not properly and equably...
ARMY | BCMR | CY2011 | 20110023468
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show awards for his service in Iraq and by amending the following: a. Therefore, it would be appropriate to correct his DD Form 214 to show he was awarded the Iraq Campaign Medal with one bronze service star. As a result, the Board recommends the Department of the Army records of the individual concerned be corrected by adding the Iraq Campaign Medal with one bronze service star...
ARMY | BCMR | CY2011 | 20110023470
An incorrect SSN is shown on his DD Form 256A (Honorable Discharge Certificate) (and, by extension, on his discharge orders). However, the applicant's discharge orders were in error and in as much as discharge certificates no longer include an SSN and accepting the applicant's statement that his SSN on his discharge certificate is incorrect it is appropriate to void the previously-issued DD Form 256A and issue him a new DD Form 256A without inclusion of an SSN. As a result, the Board...
ARMY | BCMR | CY2011 | 20110023472
The applicant's complete military records are not available to the Board for review. He provides a statement from his section chief at the time in question, dated 22 January 2007, who attests: * the 987th FA Battalion landed on D-Day (6-7 June 1944) on King's Beach with the British * the applicant was in Battery B of the 987th FA Battalion when they landed * the applicant's name was inadvertently left of the list making him ineligible to receive the arrowhead device due him * the applicant...
ARMY | BCMR | CY2011 | 20110023473
The evidence of record shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and had no convictions by a court-martial. Therefore, he is entitled to the first award of the Army Good Conduct Medal for the period 27 March 1967 through 26 March 1970 and to correction of his records to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2011 | 20110023475
The applicant's military records show he enlisted in the Regular Army in pay grade E-1 on 22 February 1971 for 3 years. On 11 December 1984, the Army Discharge Review Board denied his request for an upgrade of his discharge. ____________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 | 20110023478
The following evidence shows the applicant was in the 82nd Airborne Division: * An entry in Section 1 (Appointments, Promotions, or Reductions) of his DA Form 24 * Orders, dated 15 July 1964 * DD Form 735 (Health Record Abstract of Service) * DA Form 2376 (Notification to State Adjutants General Release from Active Duty of Obligated Reservist) DISCUSSION AND CONCLUSIONS: 1. Since evidence shows his last duty assignment was HHC, 2nd Battalion, 325th Infantry which is a component of the...
ARMY | BCMR | CY2011 | 20110023487
Therefore, correction of the record to show the applicant's rank as SGT is not appropriate. Based on the above facts and findings, it is appropriate to: a. award the applicant the Army Good Conduct Medal (1st Award) for the period 28 February 1968 through 26 February 1971; b. delete the Vietnam Service Medal from his DD Form 214; and c. show that in addition to the awards listed on his DD Form 214, the applicant was awarded or authorized the Soldier's Medal, Army Good Conduct Medal (1st...
ARMY | BCMR | CY2011 | 20110023492
On 19 December 1977, the applicant's immediate commander notified the applicant that he was initiating action to discharge him from the Army under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 5-37 (Expeditious Discharge Program). On 5 January 1978, 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...
ARMY | BCMR | CY2011 | 20110023494
On 23 May 2012, the applicant's unit commander notified the applicant that he was initiating action to separate him under the provisions of chapter 11, Army Regulation 635-200, by reason of entry-level performance and conduct. Army Regulation 635-200 provides that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge. The evidence of record confirms that separation action was initiated on the...
ARMY | BCMR | CY2011 | 20110023499
The applicant requests correction of Item 3 (Social Security Number (SSN)) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). His record contains: a. DD Form 398 (Statement of Personal History), dated 11 September 1972, that shows his SSN as "xxx-xx-7452 5274 7452"; b. DD Form 4 (Enlistment Record Armed Forces of the United States), dated 12 September 1973, that shows his SSN as "xxxxx5274 7452"; c. DA Form 41 (Record of Emergency Data), prepared on 19...
ARMY | BCMR | CY2011 | 20110023502
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 applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. The evidence of record confirms the applicant held the grade of PV2/E-2 at the time of her discharge, as evidenced by an entry on the DA Form 2-1...
ARMY | BCMR | CY2011 | 20110023505
Additionally, it shows in item 7 (Previous Military Service Upon Enlistment/Reenlistment) the entries: * Total active military service - 2 years, 4 months, and 25 days * Total inactive military service - 7 years, 10 months, and 6 days 9. The SPD code of "KBK" is the correct code for Soldiers discharged from active duty for completion of required active service under the provisions of Army Regulation 635-200, chapter 4. This code is used for RA Soldiers eligible to reenlist or with a...
ARMY | BCMR | CY2011 | 20110023506
An SBP and RCSBP Open Enrollment Election that shows the applicant married Pamela R. R----, on 6 October 2007; that he had no dependent children; and he elected to participate in the SBP with spouse only coverage, based on full gross retired pay, with the full enrollment premium amount deducted from his retired pay in 24 monthly installments. The applicant married on 6 October 2007; however, there is no evidence that he elected RCSBP spouse coverage within 1 year of the marriage date. The...
ARMY | BCMR | CY2011 | 20110023507
The applicant requests that a General Officer Memorandum of Reprimand (GOMOR), dated 16 June 2009, be transferred from the performance (P) to the restricted (R) portion of his Official Military Personnel File (OMPF). On 11 February 2011, after carefully considering the evidence the applicant submitted it was determined that substantial evidence had not been provided to show the GOMOR had served its intended purpose and that it should not be transferred to the R portion of the OMPF. He also...
ARMY | BCMR | CY2011 | 20110023508
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty), dated 26 July 1976, to show he completed the SAM 31, Small Arms Organization Maintenance, as his secondary military occupational specialty (SMOS). The applicant states the training was given on 29 August 1975 by the Seventh Army Combined Arms Training Center in Germany and it does not appear on his DD Form 214. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2011 | 20110023512
The Court of Federal Claims on remand to the ABCMR asked it to re-examine four issues: * whether the senior raters block check was inconsistent with his comments * whether the OER should have been handled as a referred evaluation * whether the applicant was denied entry into the AGR program due to waiver requirements * whether the applicants case could be distinguished from another case in which another applicants records were corrected to show he entered the AGR program based on the need...
ARMY | BCMR | CY2011 | 20110023513
The applicant requests in effect, correction of her records to show she elected transfer of her educational benefits to her dependents under the Post-9/11 GI Bill transferability program. She had more than 20 years of service upon her retirement but she was not eligible to transfer benefits to her dependents because the law requires Soldiers to be in the service on or after 1 August 2009. d. A Soldier may only transfer benefits to eligible dependents. If the applicant had been in the...
ARMY | BCMR | CY2011 | 20110023515
The applicant requests correction of his November 2008 enlistment contract to show he enlisted for the Student Loan Repayment Program (SLRP) incentive. Had the applicant's contract listed the SLRP incentive, he would not have been authorized the $2,000 MOS bonus. Not only did the career counselor fail to list the LRP incentive on the enlistment contract, had the applicant's contract listed the LRP incentive, he would not have been authorized the $2,000 MOS bonus.
ARMY | BCMR | CY2011 | 20110023518
The applicant further states he was court-martialed, but only for assault and battery, not aggravated assault; there was no felony conviction. on the head with his fist * although he was charged with "unlawfully grab B.M. The applicant was charged with the above five assaults and was tried before a general court-martial on 23 February 2005.
ARMY | BCMR | CY2011 | 20110023519
IN THE CASE OF: BOARD DATE: 23 May 2012 DOCKET NUMBER: AR20110023519 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, correction of her records to show half of her educational benefits were transferred to her spouse, in a timely manner, in accordance with the Transfer of Education Benefits provision of the Post-9/11 GI Bill. The policy states, in pertinent part, that an eligible individual is any member of the Armed Forces on or after 1 August 2009 who, at...
ARMY | BCMR | CY2011 | 20110023520
The applicant requests an adjustment of his Federal recognition order for promotion to chief warrant officer three (CW3) from 12 August 2011 to 16 February 2011. Officials at the NGB opined, in effect, that the delay in the applicants Federal Recognition was due to a change in the law that required warrant officers (WO's) to be approved at a higher level and it took a period of time to refine the process; however, the delay was not the result of an error or injustice specifically related...
ARMY | BCMR | CY2011 | 20110023534
He was honorably released from active duty to the control of the ARNG on 9 December 1969. Therefore, he is entitled to correction of his DD Form 214 to show the correct specialty number and title. edition in effect at the time, both specialties 63B and 63H had an equivalent civilian occupation title of "Automobile Mechanic."
ARMY | BCMR | CY2011 | 20110023539
The applicant requests correction of her records to show the Physical Evaluation Board (PEB) assigned her a higher rating than 10percent (%). On 4 March 2011, an MEB convened at Reynolds Army Community Hospital, Fort Sill, OK, and after consideration of clinical records, laboratory findings, and physical examinations, the MEB found the applicant was diagnosed as having the medically-unacceptable condition of compression fracture of L1 and the medically acceptable conditions of left lateral...
ARMY | BCMR | CY2011 | 20110023542
The applicant requests correction of his chief warrant officer three (CW3) date of rank (DOR) in the Army National Guard (ARNG) to 13 January 2006, the date he was promoted in the U.S. Army Reserve (USAR) Individual Ready Reserve (IRR). The applicant provides USAR promotion orders in support of his request. His ARNG record shows the effective date of his CW3 promotion as 12 September 2008 and his DOR as 5 August 2008.
ARMY | BCMR | CY2011 | 20110023546
In order to request an award under Title 10 USC 1130, the applicant must submit a DA Form 638 (Recommendation for Award. Although his records do not contain a response to this letter there is nothing in five typical sources that confirms he was wounded in action and treated for his wounds: * His name is not shown on the Vietnam casualty roster * His service medical records are not available for review with this case * There are no orders on file that show he was awarded the Purple Heart *...
ARMY | BCMR | CY2011 | 20110023547
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his last name as M _ _ _ instead of W _ _ _. The applicant's Official Military Personnel File (OMPF) contains a U.S. Army Recruiting Command (USAREC) Form 131-R (Applicant's Statement of Name Change), dated 25 November 1968, which indicates the last name shown on his birth certificate is M _ _ _. There is no evidence showing he ever used the name of M _ _ _.
ARMY | BCMR | CY2011 | 20110023550
The applicant states his records do not show his service in Japan. The applicant's military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 33 of his WD AGO Form 53-55 the Asiatic-Pacific Campaign Medal with one bronze service star, and b. adding to item 33 his WD AGO Form 53-55 the: * Asiatic-Pacific Campaign Medal with two bronze service stars *...
ARMY | BCMR | CY2011 | 20110023552
He had served 2 years of active service and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows that he was awarded the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, and the Vietnam Campaign Medal. A review of the applicant's records shows he had "excellent" conduct and efficiency ratings throughout his period of service and his records do not contain derogatory information that would serve to disqualify him for the...
ARMY | BCMR | CY2011 | 20110023557
The applicant requests an upgrade of his under other than honorable conditions discharge to an honorable discharge. On 18 February 1983, court-martial charges were preferred against the applicant for being AWOL from 18 November 1978 to 17 February 1983. The DD Form 214 the applicant was issued shows he was discharged for the good of the service - in lieu of trial by court-martial with a characterization of service of under other than honorable conditions.
ARMY | BCMR | CY2011 | 20110023558
IN THE CASE OF: BOARD DATE: 16 February 2012 DOCKET NUMBER: AR20110023558 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. As a result, effective 7 January 2011, all initial appointments of WOs and promotion to higher grades, by warrant or commission, will be issued by the President. The delay in the applicant's promotion resulted from a statutory change in the procedures for the promotion of WOs that was mandated by the 2011 NDAA that WOs be placed on a scroll and staffed to the President...
ARMY | BCMR | CY2011 | 20110023559
He provided: a. the senior rater only stated his awareness that multiple evaluations were completed on him and provided no additional information surrounding the NCOER(s) in question; b. the senior rater was in the role of commander for a very short time during the processing of his report and primarily restated input he received from the first sergeant without knowing much of the facts; c. once he made the CSM aware of the issues between the 1SG and himself, and additional discrepancies in...
ARMY | BCMR | CY2011 | 20110023562
The applicant requests, in effect, correction of his Enlisted Record Brief (ERB) and DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Combat Infantryman Badge (CIB). With respect to his request to have his ERB corrected to show the CIB, this form is a record of a Soldier's personnel management qualifications in the form of data. As a result, the Board recommends denial of so much of the application that pertains to the correcting his Enlisted Record Brief to...
ARMY | BCMR | CY2011 | 20110023565
The applicant states: * Upon his divorce in 2001, he notified officials at the Defense Finance and Accounting Service (DFAS) that he was divorced and did not want to participate in the SBP * When he applied for retired pay in January 2011, he and his new spouse elected not to participate in the SBP * When he received his first Retiree Account Statement, he noticed that he was enrolled in the SBP and his first wife was listed as the beneficiary * DFAS corrected the next pay statement by...
ARMY | BCMR | CY2011 | 20110023566
The applicant requests removal of Permanent Order Number 168-13, dated 17 June 2005, awarding him the Army Good Conduct Medal (1st Award) from his official military personnel file (OMPF). The applicant provides three orders. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * removing Permanent Order Number 168-13 from his OMPF * ensuring the copy of Permanent Order Number 168-13 he submitted with his application is not...
ARMY | BCMR | CY2011 | 20110023567
On 20 October 2011, the ABCMR corrected his records by: * Showing the orders withdrawing his Federal recognition effective 1 July 1993 were issued in a timely manner * Showing that as a result of the above correction his second non-selection to CPT was void * Expunging from his records all documents related to his second consideration and non-selection for promotion to CPT 13. c. he should be granted every opportunity to serve the OHARNG as a commissioned officer and considering the error...
ARMY | BCMR | CY2011 | 20110023572
The applicant requests, in effect, correction of his records to show he applied to transfer his educational benefits to his dependents under the Post-9/11 GI Bill transferability program before he retired from active duty on 31 August 2009. 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, or 12304 (orders in support of contingency operations, i.e.,...
ARMY | BCMR | CY2011 | 20110023578
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the fifth digit of her social security number (SSN) as 8 instead of 6. Her DA Form 2-1 (Personnel Qualification Record - Part 2), that was created upon her enlistment or entry on active duty shows the same SSN as that shown on her DD Form 4 and the same altered 8 with the same initials on top of it. Although the error was caught early on and a hand-written correction was made...
ARMY | BCMR | CY2011 | 20110023583
Army Regulation 600-8-22 (Military Awards) provides the following: a. the correct complete name for the "Vietnam Campaign Medal" is the Republic of Vietnam Campaign Medal with Device (1960); b. the correct complete name for a marksmanship badge includes the level of award followed by Marksmanship Qualification Badge and ending in the title for the weapons system for which the qualification was earned; c. a bronze service star is authorized, based on qualifying service, for each designated...
ARMY | BCMR | CY2011 | 20110023584
Application for correction of military records (with supporting documents provided, if any). He stated that upon discharge he provided documentation to the court showing he was working in Texas at the time of this offense and the case was dismissed. The evidence of record confirms he served in and was separated in the name that is listed on his DD Form 214 and all other documents filed in his military personnel file show the same name without a suffix.
ARMY | BCMR | CY2011 | 20110023586
Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) 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. The Army rates only conditions determined to be physically unfitting at the time of discharge which disqualify the Soldier from further military service. There...
ARMY | BCMR | CY2011 | 20110023587
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) as follows: * Item 3 (Grade - Rate - Rank and Date of Appointment) to show he was appointed as a corporal (CPL) on 12 October 1952 instead of 1953 * Item 8 (Reason and Authority for Separation) to, in effect, list the correct date * Item 38 (Remarks) to show his permanent grade as private first class (PFC) instead of private (PV2) 2. Item 3 of the DD Form 214 shows the...
ARMY | BCMR | CY2011 | 20110023588
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Korean Service Medal (KSM). The applicant's complete military record is not available to the Board for review. __________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 | 20110023589
Section 2 (Chronological Record of Military Service) of the applicant's DA Form 24 (Service Record) shows that his conduct and efficiency ratings were "excellent." Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2011 | 20110023591
The applicant requests correction of his DA Form 20 (Enlisted Qualification Record) to show the military occupational specialty (MOS) of 72B, Communications Center Specialist, for his period of service in Vietnam from 1970 to 1971. His records show he served continuously on active duty through several reenlistments until he was honorably discharged on 2 August 1974. There is no evidence of record and he provides none to show he served in MOS 72B during his period of service in Vietnam from...
ARMY | BCMR | CY2011 | 20110023593