ARMY | BCMR | CY2011 | 20120000601
IN THE CASE OF: BOARD DATE: 26 July 2012 DOCKET NUMBER: AR20120000601 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant met a qualifying period of service for award of the Republic of Korea War Service Medal; therefore, he is entitled to correction of his DD Form 214 to show this award. Adding the following awards to his DD Form 214: * Silver Star * Army Good Conduct Medal * Republic of Korea War Service Medal __________X_____________ CHAIRPERSON I certify that herein is...
ARMY | BCMR | CY2011 | 20120000604
The applicant consulted with legal counsel and he voluntarily requested 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. The applicant's request for discharge states he was not subjected to coercion with respect to his request for discharge. There is no evidence the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within...
ARMY | BCMR | CY2011 | 20120000609
Army Regulation 600-8-22 states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal. While there are no records available to show that he was awarded the Purple Heart, there is sufficient evidence to show that the applicant was wounded/injured as a result of enemy action in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2011 | 20120000626
5th Battalion, 12th Infantry was awarded: * Valorous Unit Award for the period 1 May through 29 June 1970 by Department of the Army General Orders (DAGO) Number 43 of 1972 * RVN Gallantry Cross with Palm Unit Citation for the period 19 June 1968 through 31 July 1970 by DAGO Number 51 of 1971 * RVN Civil Actions Honor Medal 1st Class Unit Citation for the period April 1968 through August 1970 by DAGO Number 51 of 1971 b. Orders in the applicant's record show he was awarded the Bronze Star...
ARMY | BCMR | CY2011 | 20120000631
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 31 March 1974 to show award of the Explosive Ordnance Disposal (EOD) Badge for length of service as a member of EOD teams. Senior EOD Badge is awarded to any commissioned officer or enlisted Soldier if they have: (1) Been awarded the basic EOD Badge. The evidence of record indicates the applicant: * completed the required training and he was awarded...
ARMY | BCMR | CY2011 | 20120000633
IN THE CASE OF: BOARD DATE: 19 July 2012 DOCKET NUMBER: AR20120000633 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Three options are available: (A) elect to decline enrollment and choose at age 60 whether to start SBP participation; (B) elect that a beneficiary receive an annuity if they die before age 60, but delay payment of it until the date of the member's 60th birthday; or (C) elect that a beneficiary receive an annuity immediately upon their death if before age 60. The evidence of...
ARMY | BCMR | CY2011 | 20120000637
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 Bronze Star Medal (BSM) with "V" Device. His DD Form 214 for the period ending 18 October 1967 lists the following awards: * National Defense Service Medal * Vietnam Service Medal (VSM) * RVN Campaign Medal 6. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the VSM for his...
ARMY | BCMR | CY2011 | 20120000642
He states he served honorably for 21 months as an SPC/E-4 although he received nonjudicial punishment (NJP) as shown in the DA Forms 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)), dated 28 May and 14 July 2010. Chapter 2 states that items 4a and 4b show the active duty grade or rank and pay grade at time of separation and are obtained from the Soldier's records (promotion or reduction orders). The applicant contends that his military records...
ARMY | BCMR | CY2011 | 20120000695
The applicant states errors in his medical documentation at the time of his retirement were supposed to have been corrected to show that his disability retirement was the result of an instrumentality of war, specifically Agent Orange. The advisory opinion noted that the ABCMR corrected the applicant's records in 1988 to show his back condition was the result of instrumentality of war. The applicant has not provided and the record does not contain any evidence that he was suffering from any...
ARMY | BCMR | CY2011 | 20120000706
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 to show three awards of the Army Commendation Medal (ARCOM). The evidence of record indicated the awards shown on his DD Form 214 do not match the awards shown on his DA Form 2-1.
ARMY | BCMR | CY2011 | 20120000708
His DA Form 20 (Enlisted Qualification Record) shows in: a. item 38 (Record of Assignments) assigned to A Company, 1st Battalion, 28th Infantry, from 9 August 1967 through 12 November 1967 and to D Company 1st Battalion, 28th Infantry, from 13 November 1967 through 24 June 1968 his conduct and efficiency rating were exclusively excellent throughout his period of active duty service; b. item 40 (Wounds) gunshot wound, right shoulder on 14 February 1968; and c. item 41 (Awards and...
ARMY | BCMR | CY2011 | 20120000723
Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. The applicant served in Vietnam during a qualifying period; therefore, he is entitled to correction of his DD Form 214 for the period ending 6 December 1971 to show this unit award. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2011 | 20120000725
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that he was permanently retired by reason of a service-connected disability. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. There is no evidence in his record, nor has he submitted any evidence, showing he was suffering from any medically unfitting condition while he was in the RA that would have...
ARMY | BCMR | CY2011 | 20120000737
IN THE CASE OF: BOARD DATE: 7 August 2012 DOCKET NUMBER: AR20120000737 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 25 July 1993, to show he completed his basic combat training (BCT) course. The applicant states: * his DD Form 214 does not show he completed his BCT course nor does it show he was in an active duty status * he completed his BCT under the split training...
ARMY | BCMR | CY2011 | 20120000741
The applicant requests, in effect, his enlistment contact, dated 21 April 2011, be amended to add the Student Loan Repayment Program (SLRP) incentive option. The opinion states the applicants enlistment contract contained no incentives for entering the Army due to the fact that his test scores were below the Category 1-IIIA level required to qualify for an enlistment incentive. _______ _ X _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the...
ARMY | BCMR | CY2011 | 20120000755
The applicant requests correction of his records to show award of the Purple Heart and Combat Action Ribbon. Notwithstanding his sincerity, in the absence of official documentary evidence to corroborate the events that led to his alleged injury, or additional documentation that conclusively shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to award him the Purple Heart. ...
ARMY | BCMR | CY2011 | 20120000756
The applicant requests change of his separation code and reentry eligibility (RE) code with the intention of returning to military service. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states the SPD code of "SFK" is the correct code for Soldiers separating under Army Regulation 635-40, paragraph 4-24b(2), for temporary disability. There is no available evidence showing whether or not he is still on the TDRL, or has been removed and permanently separated for...
ARMY | BCMR | CY2011 | 20120000767
The applicant, the former spouse of a deceased former service member (FSM), requests correction of the FSM's records to show he changed his Survivor Benefit Plan (SBP) annuity enrollment election from "spouse" to "former spouse" coverage within 1 year of his divorce. On 9 May 2007, the applicant and the FSM were divorced. Considering there is evidence to show it was the FSM's intent to provide SBP coverage for the applicant, and as a matter of equity, it would be appropriate to correct his...
ARMY | BCMR | CY2011 | 20120000768
Although it was not until March 1972 that Change Number 15 to Army Regulation 635-5 authorized an entry on the DD Form 214 to indicate Indochina and Korea service on or after 5 August 1964, there is no harm in adding his service in the RVN during the period 9 June 1969 through 26 September 1969 to his DD Form 214 for the period ending 26 September 1969 at this time. His service in the RVN during his second enlistment is properly documented on his DD Form 214 for the period ending 26...
ARMY | BCMR | CY2011 | 20120000780
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as xxx-xx-xxx2" in instead of xxx-xx-xxx1. 2. Item 3 (SSN) of his DD Form 214 shows his SSN as xxx-xx-xxx1. 5. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the SSN listed in item 3 of his DD Form 214 and adding the SSN as it is listed on his...
ARMY | BCMR | CY2011 | 20120000786
He states he was awarded the PH for wounds he received in combat in Vietnam. He provides a PH Certificate, dated 20 May 1969, showing he was awarded the PH for wounds received in action in Vietnam on 28 February 1969. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the VSM from his DD Form 214 and b. adding the following awards to his DD Form 214: * PH * VSM with one silver service star * Expert Marksmanship...
ARMY | BCMR | CY2011 | 20120000795
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) for the period ending 31 July 2006 to delete the Bronze Star Medal (BSM) and document his service in Panama. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.
ARMY | BCMR | CY2011 | 20120000810
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 applicants failure to timely file. Therefore, he is entitled to award of the Army Good Conduct Medal and correction of his DD Form 214 to show it. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2011 | 20120000834
The applicant's military records are not available to the Board for review. The available evidence shows the VA granted the applicant service connection for a knee condition, gunshot wound to his left forearm, and a tonsillectomy. In the absence of sufficient evidence of record which shows he was wounded or injured as a result of hostile action, there is an insufficient basis upon which to award him the Purple Heart or to correct his WD AGO Form 53-55 to show he was wounded in his left forearm.
ARMY | BCMR | CY2011 | 20120000835
A DD Form 1584 (National Agency Check Request), dated 26 June 1967, shows the last three digits of his SSN as "909." Item 3 (SSN) of the DD Form 214 he was issued shows his SSN with the last three digits as "090." The block titled SSN of both pages of this DD Form 215 shows his SSN with the last three digits as "090."
ARMY | BCMR | CY2011 | 20120000838
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. Army Regulation 635-5 (Separation Documents), in effect at the time, stated the SSN in item 3 (Social Security Number) of the DD Form 214 would be...
ARMY | BCMR | CY2011 | 20120000859
The applicant requests: * Retroactive promotion to the rank/grade of colonel (COL)/O-6 with entitlement to all back pay and allowances * Active duty medical retirement with a 100 percent (%) disability rating * Military medical care equivalent to that provided to active duty Soldiers and Retirees for the remainder of his life * Documentation of his disability that will allow him to file with the Department of Veterans Affairs (VA) for benefits. The applicant states, in effect, that he was...
ARMY | BCMR | CY2011 | 20120000862
Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal is awarded to individuals who completed a qualifying period of active duty enlisted service. The applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Form 214 the Vietnam...
ARMY | BCMR | CY2011 | 20120000891
Application for correction of military records (with supporting documents provided, if any). His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 19 June 1970 to October 1970. As a result, the Board recommends all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for injuries received on 26 September 1970; b. awarding him the Army Good Conduct Medal (1st Award) for the period 24 June 1969...
ARMY | BCMR | CY2011 | 20120000917
The applicant requests removal of drug violations from his record. It further indicates that regardless of the characterization of the offense as founded, unfounded, or insufficient evidence, the only way to administratively remove a titling action from the Defense Central Investigations Index (DCII) is to show either mistaken identity or a complete lack of credible evidence to dispute the initial titling determination. It further indicates that regardless of the characterization of the...
ARMY | BCMR | CY2011 | 20120000929
IN THE CASE OF: BOARD DATE: 10 July 2012 DOCKET NUMBER: AR20120000929 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her award of the Iraq Campaign Medal (ICM) with a campaign star. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to her DD Form 214 the Iraq Campaign Medal with one bronze service star.
ARMY | BCMR | CY2011 | 20120000935
The applicant's last active duty date was 31 August 2009 which was within 90 days after the program's implementation. The policy further states the Secretaries of the Military Departments will provide active duty participants and members of the Reserve Components with qualifying active duty service individual pre-separation or release from active duty counseling on the benefits under the Post-9/11 GI Bill and document accordingly and maintain records for individuals who receive supplemental...
ARMY | BCMR | CY2011 | 20120000938
The applicant's military records show he enlisted in the USAR, in pay grade E-1, on 26 March 1977, for 6 years. The board recommended the applicant be discharged from the USAR with a general discharge. The evidence of record shows the applicant was discharged from the USAR on 19 September 1999, under the provisions of with Army Regulation 135-178, for abuse of illegal drugs.
ARMY | BCMR | CY2011 | 20120000941
The applicant requests his general discharge be upgraded to honorable. On 25 November 2009, the separation authority approved the recommendation for discharge and directed the issuance of a general discharge. His record of service included one NJP for selling military property and a positive urinalysis for marijuana.
ARMY | BCMR | CY2011 | 20120000945
Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal and served for less than six months of service but: * were wounded as a result of hostile action * were captured by hostile forces but later escaped or were rescued or released * were killed in action or otherwise in line of duty c. A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. Therefore, it would also be...
ARMY | BCMR | CY2011 | 20120000947
IN THE CASE OF: BOARD DATE: 10 July 2012 DOCKET NUMBER: AR20120000947 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. Although the applicant states the address was incorrectly entered on his DD Form 214, it appears he provided the address as shown on his DD Form 214 that he...
ARMY | BCMR | CY2011 | 20120000959
The applicant requests his bad conduct discharge be upgraded to a general discharge. His record of service included one special court-martial conviction for misconduct while in Iraq, one general court-martial conviction, and 268 days of lost time. Therefore, the applicant's record of service is insufficiently meritorious to warrant a general discharge.
ARMY | BCMR | CY2011 | 20120001914
Counsel states it is axiomatic that the primary function of a formal Army Regulation 15-6 (Procedures for Investigating Officers and Boards of Officers) board of officers is to ascertain and consider the evidence on all sides of each issue thoroughly and impartially and this is a fundamental right of every respondent before a formal Army Regulation 15-6 board. It states an officer recommended for elimination by a BOI will have his or her case referred to a board of review. The evidence of...
ARMY | BCMR | CY2011 | 20120002044
The applicant requests that the DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)), imposed on 21 December 2009, be removed from the restricted section of his Official Military Personnel File (OMPF). The imposing commander directed the DA Form 2627 be filed in the restricted section of his OMPF. There is no evidence of record and the applicant provides no evidence to show the DA Form 2627 was imposed in error or that it was unjust.
ARMY | BCMR | CY2011 | 20120002649
On 31 May 2011, the Kansas ARNG published Orders 151-714 promoting the applicant to chief warrant officer four (CW4) with an effective date and DOR of 21 May 2011. 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...
ARMY | BCMR | CY2011 | 20120002928
Military Personnel Records and advisory opinions (if any). The advisory official stated he met the criteria for either a 2 or 3-year MSP contract with the same Active Duty Obligation (ADO) and requested he respond. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing the applicant entered into an antedated 3-year MSP contract for $33,000.00 per year, effective 2009, which would run concurrently with his existing...
ARMY | BCMR | CY2011 | 20120003091
IN THE CASE OF: BOARD DATE: 20 March 2012 DOCKET NUMBER: AR20120003091 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The order states, The effective date of promotion in the Reserve of the Army and corresponding date of rank will be the date the Chief, NGB, extends Federal recognition of state promotion. 5. 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 (delegated to the...
ARMY | BCMR | CY2011 | 20120004185
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show his rank as a Technician Fourth Grade (T-4) instead of corporal (Cpl). The applicant's military records are not available to the Board for review. The Enlisted Grade Structure in the Army has changed several times since 1942.
ARMY | BCMR | CY2011 | 20120004499
The applicant requests transfer of a Relief for Cause Officer Evaluation Report (OER) he received for the period ending 20070720 from the Performance (P) to the Restricted (R) portion of the Official Military Personnel File (OMPF). Transfer of unfavorable information to the R portion of the OMPF while applicable to the GOMOR the applicant received is not applicable to a properly issued and filed OER. Therefore, absent evidence of material error or inaccuracy in the OER in question, there...
ARMY | BCMR | CY2011 | AR20080005119
The applicant states, in effect, that during the application process for his direct commission in the United States Army Reserve (USAR), the recruiter did not complete or take into account his credit for professional experience. Constructive credit is only given for prior commissioned service. The advisory opinion concludes by stating that the applicant is also asking for constructive credit before he obtained his Bachelors degree.
ARMY | BCMR | CY2011 | AR20080006942
On 21 February 1963, the applicants company commander recommended the applicants separation from that military service under the provisions of Army Regulation 635-208. On 18 April 1963, the lieutenant colonel serving as Commander, 38th Transportation Battalion (Germany), recommended approval of the applicants discharge under the provisions of Army Regulation 635-208 and that the applicant be given an undesirable discharge. The applicants DD Form 214 (Armed Forces of the United States...
ARMY | BCMR | CY2011 | AR20080007005
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that he served in support of Operation Iraqi Freedom (OIF), all authorized awards and decorations based on his military service, and a change to his Reentry Eligibility (RE) Code. The evidence of record shows the applicant was issued a DD Form 214 for the period of his active duty service from 25 July 2002 through 19 February 2004. As a result, the Board...
ARMY | BCMR | CY2011 | AR20080007556
The applicant also states that the Army said yes to his request and told him that he could upgrade his discharge to an honorable discharge after 6 months; however, this never happened. The applicants military service records contain a DD Form 293 (Application for Review of Discharge or Separation from the Armed Forces of the United States), received on 14 August 1986, that shows the applicant requested upgrade of his under other than honorable conditions discharge to an honorable...
ARMY | BCMR | CY2011 | AR20080007602
The applicant requests, in effect, removal of the DA Form 2627 (Record of Proceedings Under Article 15, UCMJ), dated 29 August 2001, from his Official Military Personnel File (OMPF). Following a closed hearing where all matters presented in defense, mitigation, and/or extenuation were considered, the commander affixed his signature in Item 4 of the document directing [n]o punishment, no evidence to say this NCO has done anything wrong. Item 5 of this document shows the commander directed...
ARMY | BCMR | CY2011 | AR20080008057
The evidence of record shows that the applicant reviewed her Personnel Qualification Record on 31 January 1995 and Item 9, in pertinent part, confirmed she was authorized two awards of Army Achievement Medal at that time. The evidence of record shows that Item 13 of the applicants DD Form 214, in pertinent part, shows award of the Kuwait Liberation Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the...