ARMY | BCMR | CY2011 | 20110004518
On 22 March 1977, the unit commander notified the applicant that discharge proceedings were being initiated on him under the provisions of chapter 14, Army Regulation 635-200, by reason of fraudulent enlistment. On 11 April 1977, the separation authority voided the applicants enlistment in accordance with paragraph 14-4d, Army Regulation 635-200, by reason of fraudulent entry. Therefore, the applicant was properly separated for fraudulent enlistment under regulations in effect at the...
ARMY | BCMR | CY2011 | 20110004521
The applicant requests his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the Jumpmaster Badge (correctly known as Master Parachutist Badge), the National Defense Service Medal, and the Good Conduct Medal. The applicant provides a Certificate of Training for the Jumpmaster course, DD Form 214, references concerning the Good Conduct Medal, the National Defense Service Medal, and the Master Parachutist Badge. As a result, the Board...
ARMY | BCMR | CY2011 | 20110004522
He continues by stating his records show he was wounded in action; however, his report of physical examination only indicates that he was injured in his right hand while working on a field gun which is probably the reason he was not awarded the Purple Heart. The applicant provides a copy of a document from his records showing an entry of Injured in action: wound contused right hand mild incurred 22 March 1945 while in combat. Returned to duty 27 March 1945. The entry follows entries...
ARMY | BCMR | CY2011 | 20110004524
Application for correction of military records (with supporting documents provided, if any). The letter also advised the applicant that the following conditions were unable to be verified as a combat-related disability: (1) Bilateral Pes Planus with Achilles Tendonitis, (2) Hypertension, (3) Left Shoulder Condition with Scars (no new evidence provided to show combat-related event caused condition, documentation stated injury occurred while lifting heavy water containers), (4) Status Post...
ARMY | BCMR | CY2011 | 20110004527
Paragraph 9 of his DA Form 597-3 states that if the cadet were disenrolled from the ROTC program for any reason or if he failed to accept a commission if offered he may, at the discretion of the Army, be directed, in lieu of being ordered to active duty as a private (E-1) for a period as specified in paragraph 8, to reimburse the U.S. through repayment of an amount of money, plus interest, equal to the entire amount of financial assistance paid by the U.S. for his advanced education from the...
ARMY | BCMR | CY2011 | 20110004528
It states the PH is awarded to members wounded in action. The applicant's record is void of any entries or documents corroborating his claim that he was wounded in action in the RVN or that show he was ever treated for a combat-related wound by medical personnel while serving in the RVN. The applicant's record is void of any documents or orders indicating he was ever recommended for or awarded the AM by proper authority during his active duty tenure and there are no AM orders for the...
ARMY | BCMR | CY2011 | 20110004533
Application for correction of military records (with supporting documents provided, if any). The applicant contends that his military records should be corrected to show that he is eligible for CRSC because all of his injuries/illnesses were service connected. Incurring disabilities in connection with military service is not sufficient to grant a military retiree CRSC.
ARMY | BCMR | CY2011 | 20110004534
The TSGLI program was established by Congress to provide relief to Soldiers and their families after suffering a traumatic injury. The evidence of record shows the applicant suffers from the residuals of TBI; however, these conditions are not medically qualifying for TSGLI benefits unless the claimant's disabilities are a direct result of a traumatic event and no other cause and the loss covered under the law is within 2 years of the traumatic event. The loss of ADL was reported to be due...
ARMY | BCMR | CY2011 | 20110004536
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows: * Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) to show award of the Humanitarian Service Medal and Afghanistan Campaign Medal * Item 14 (Military Education) to show the CBT (Combat Basic Training), HET (Heavy Equipment Training), Kalmar License, and Defense Advanced GPS (Global Positioning System) Receiver training * Item 19b...
ARMY | BCMR | CY2011 | 20110004537
IN THE CASE OF: BOARD DATE: 21 September 2011 DOCKET NUMBER: AR20110004537 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100016369, on 29 December 2010. The applicant's request that his records be corrected to show award of the Republic of Vietnam Campaign Medal with Device...
ARMY | BCMR | CY2011 | 20110004538
The applicant requests, in effect, correction of the record of her former husband, a former service member (FSM), to show he applied for retired pay upon reaching age 60 and to show an election of former spouse coverage under the Reserve Component Survivor Benefit Plan (RCSBP). However, this document does not state the FSM was required to participate in the RCSBP nor did it order him to apply for retired pay upon becoming eligible at age 60. ABCMR Record of Proceedings (cont)...
ARMY | BCMR | CY2011 | 20110004539
The applicant provides her divorce decree and marital separation agreement, the divorce decree of the FSM and his subsequent wife, and an affidavit from the FSM requesting former spouse SBP election for the applicant in support of the application. Although the FSM did not change his SBP coverage to former spouse within 1 year of the divorce, it appears it was his intention to do so, as he indicates in the affidavit provided with the application. Thus, it would be appropriate to correct...
ARMY | BCMR | CY2011 | 20110004542
There is no evidence in the available record which shows the applicant requested to withdraw his approved retirement. Army Regulation 635-100 (Personnel Separations - Officer Personnel), in effect at the time, states in paragraph 4-12e that an officer who has an approved retirement pending, and who subsequently is selected for promotion, has the option to withdraw his or her retirement application and accept the promotion. The applicant was provided with two options -- promotion or retirement.
ARMY | BCMR | CY2011 | 20110004543
The applicant states his DD Form 214 shows he served on active duty from 3 March 2003 to 13 July 2004. Except for two days, the applicant was not serving on active duty from the time of his REFRAD on 13 July 2004 until he was placed on the TDRL or until he was permanently retired and thus is not entitled to have his DD Form 214 corrected to grant him credit for service not performed. Service on the TDRL is not creditable active service and the applicable regulation specifically directs...
ARMY | BCMR | CY2011 | 20110004546
Based on the above facts and findings it is appropriate to correct the applicant's record by deleting the entry at item 24 (Military Awards) on his DD Form 214 and showing his authorized awards as the Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Sharpshooter Marksmanship...
ARMY | BCMR | CY2011 | 20110004547
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The record shows he was not separated at that time. (2) Does not disqualify him or her for retention in the military service under the provisions of Army Regulation 40-501 (Standards of Medical Fitness), chapter 3. b. Paragraph 5-1 of the version in effect at the time stated unless the reason for separation required a specific characterization, a Soldier being separated for the convenience of the Government will be awarded a character of...
ARMY | BCMR | CY2011 | 20110004548
This publication shows that the 25th Aviation Battalion, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 48,dated in 1971 for award of the Valorous Unit Award. However, if the applicant has, or is able to obtain documentation such as flight records, showing he completed 15 or more combat missions as a door gunner, he may submit another application for consideration of the Aircraft Crew Member Badge. Therefore, his records...
ARMY | BCMR | CY2011 | 20110004549
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show he served 28 months overseas and was a member of the 1st Battalion (Airborne) 509th Infantry Battalion Combat Team. Evidence of record further shows his last unit assignment was HHC, 1st Battalion, 509th Infantry Regiment (ABCT) USAREUR which is correctly annotated on his DD Form 214, as he requests.
ARMY | BCMR | CY2011 | 20110004550
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his social security number (SSN) in item 3 (SSN) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 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...
ARMY | BCMR | CY2011 | 20110004551
IN THE CASE OF: BOARD DATE: 6 September 2011 DOCKET NUMBER: AR20110004551 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show he served 181 days. The applicant's complete military records are not available to the Board for review.
ARMY | BCMR | CY2011 | 20110004552
On 25 April 1974 the applicant submitted a request for discharge for the good of the service under the provisions of Army Regulation 635-200 (Enlisted Separations), chapter 10. On 8 May 1974 the applicant was discharged accordingly. Based on the applicant's record of indiscipline which include being AWOL for 303 days, his service clearly does not meet the standards of acceptable conduct and performance of duty for Army personnel.
ARMY | BCMR | CY2011 | 20110004554
The applicant states he was medically retired with 19 years, 9 months, and 1 day of active service. [The applicant retired from active duty on 6 May 1995.] The evidence of record confirms the applicant's adjusted BASD was 6 August 1975 and that he completed 19 years, 9 months, and 1 day of total AD service.
ARMY | BCMR | CY2011 | 20110004555
The applicant's military records show he enlisted in the Regular Army on 1 March 1966 and he completed 1 year, 1 month, and 10 days of active military service. Item 30 (Remarks) of his 26 March 1970 DD Form 214 shows he served in Vietnam from 16 April 1969 to 23 March 1970. Evidence of record shows the applicant was not awarded the AAM until October 1984, 14 years after the issuance of his 26 March 1970 DD Form 214.
ARMY | BCMR | CY2011 | 20110004556
The applicant requests removal/expungement of a Service School Academic Evaluation Report (AER) (DA Form 1059), dated 18 April 2008 and authenticated in March 2009, and a general officer memorandum of reprimand (GOMOR), dated 24 November 2008, from her official military personnel file (OMPF). On 29 January 2009, the Commandant, CGSC, directed the permanent filing of the GOMOR in the applicant's OMPF. The evidence of record shows an investigation was initiated in March 2008 after the...
ARMY | BCMR | CY2011 | 20110004558
The applicant states that he was in combat in Vietnam and was awarded the Purple Heart but did not receive the CIB. Accordingly, he should be awarded the AGCM (1st Award) for the period 16 July 1970 to 18 January 1972 and his DD Form 214 should be corrected to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Awarding him the CIB effective 15 April 1971, while serving in the rank of PFC and adding it to...
ARMY | BCMR | CY2011 | 20110004559
The applicant requests his military records be corrected by changing his Survivor Benefit Plan (SBP) election from spouse and children coverage to spouse only coverage. Evidence shows he enrolled in the SBP for spouse and children coverage on 19 August 2003. Since it appears his SBP election has jeopardized his daughter's well-being and future, it would be equitable to correct his records to show he elected to participate in the SBP for spouse only coverage in a timely manner.
ARMY | BCMR | CY2011 | 20110004561
The applicant provides: * Certificate showing completion of the JA Officer Basic Course * Statement to the Accession Board * DA Form 330 (Language Proficiency Questionnaire) * Letter of support * DA Form 638 (Recommendation for Award) * Officer Evaluation Report (OER) from 17 October 2007 through 16 September 2008 * Memorandum titled: Application for appointment in the JAGC, [Applicant] * National Guard Bureau (NGB) Form 89 (Proceedings of a Federal Recognition Examining Board) * NGB Special...
ARMY | BCMR | CY2011 | 20110004562
Army Regulation 615-361 (Enlisted Men Discharge Medical), in effect at the time, discussed Certificates of Disability for Discharge (CDD). The regulation stated determination of eligibility for discharge for physical disability was the responsibility of medical authorities. Consequently, due to the two concepts involved, an individual's medical condition, although not considered medically unfitting for military service at the time of processing for separation, discharge or retirement,...
ARMY | BCMR | CY2011 | 20110004564
The applicant states she submitted a request for RSLSP on 13 November 2009 and was denied based on the 2010 National Defense Authorization Act (NDAA), enacted on 19 December 2009. The Supplemental Appropriations Act of 2009, Public Law 111-32, provided in §310: a. RSLSP Compensation to Eligible Claimants In addition to the amounts appropriated or otherwise made available elsewhere in this Act, $534,400,000 is appropriated to the Department of Defense, to remain available for obligation...
ARMY | BCMR | CY2011 | 20110004565
He was discharged from active duty in pay grade E-1 on 6 June 1986 as a result of a court-martial under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 3-11, and issued a bad conduct discharge. The evidence of record shows the applicant was twice punished under Article 15, barred from reenlistment, and convicted by a general court-martial of two specifications of wrongful distribution of marijuana. His conviction and discharge were effected...
ARMY | BCMR | CY2011 | 20110004567
The evidence clearly shows that on 29 September 1992, the applicant was voluntarily discharged, accepted appointment in the USAR, and was transferred to the IRR with annual VSI payments to be paid through the year 2020. In 1992, when the applicant left the Regular Army, the law required the last 8 years of qualifying service to have been in the Reserve. This requirement did not change to zero years until 5 years after his transfer to the Retired Reserve in 2000.
ARMY | BCMR | CY2011 | 20110004569
The applicant requests that his discharge be upgraded to an honorable discharge. On 29 September 1992, the separation authority approved the applicants request for discharge and directed that he be given an under other than honorable conditions discharge. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
ARMY | BCMR | CY2011 | 20110004570
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * his foreign service in Uzbekistan/Afghanistan * his military education * awards of the: * Legion of Merit * Global War on Terrorism Service Medal * Global War on Terrorism Expeditionary Medal * National Defense Service Medal with two bronze service stars * Armed Forces Reserve Medal with "M" Device * Armed Forces Reserve Medal with Gold Hourglass Device (30 years of...
ARMY | BCMR | CY2011 | 20110004571
Application for correction of military records (with supporting documents provided, if any). The applicants request that the FSM's record be corrected to show award of the PH and the supporting documents she provided have been carefully considered. By regulation, in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action.
ARMY | BCMR | CY2011 | 20110004572
Her DD Form 214 shows in: * item 6 (Reserve Obligation Termination Date) she had no Reserve obligation when she was discharged * item 25 (Separation Authority) - Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) , chapter 4 * item 26 (Separation Code) - "JBK" * item 27 (RE Code) - "4" 7. The version in effect at the time of her discharge stated Soldiers with less than 10 years of active Federal service would be reenlisted for 2, 3, 4, 5, or 6 years of service. ...
ARMY | BCMR | CY2011 | 20110004573
Application for correction of military records (with supporting documents provided, if any). The applicants military records are not available to the Board for review. There is no evidence of record which shows the applicant was diagnosed with severe frostbite.
ARMY | BCMR | CY2011 | 20110004575
Records at the Defense Finance and Accounting Service show there is no eligible beneficiary and the FSM stopped making SBP payments when he divorced the applicant. Public Law 97-252, the Uniformed Services Former Spouses Protection Act (USFSPA), enacted 8 September 1982, established SBP coverage for former spouses of retiring members. There is no evidence to show the FSM requested that his SBP coverage be changed to former spouse coverage before he died.
ARMY | BCMR | CY2011 | 20110004576
However, there are no orders or any other Army records that show the applicant was awarded the Bronze Star Medal with "V" Device or that he was recommended for the award. Therefore, there is insufficient evidence to support the applicant's claim to the Bronze Star Medal with "V" Device. While the available evidence is insufficient for correcting the applicant's records to show a Bronze Star Medal with "V" Device, this in no way affects his right to pursue his claim for the award by...
ARMY | BCMR | CY2011 | 20110004578
The applicant requests correction of his military records to show that he was medically retired due to physical disability. The applicant contends that his military records should be corrected to show he was medically discharged or retired due to permanent disability with an appropriate disability rating because a test was never done to determine if his condition was related to cancer and he was diagnosed with carcinomatosis after he was medically discharged. Since there is no evidence of...
ARMY | BCMR | CY2011 | 20110004579
Application for correction of military records (with supporting documents provided, if any). The applicant submitted a document that indicates he received dental care prior to his release from active duty; however, there is insufficient evidence to determine the extent of his dental needs. In the absence of his complete dental records, it must be presumed that the applicant received all of the dental services that he was authorized within 90 days of separation and the entry in item 17 of...
ARMY | BCMR | CY2011 | 20110004581
On 28 October 2009, the appropriate separation authority directed that the applicant be separated from the Army under the provisions of Army Regulation 635-200, Chapter 14, for misconduct due to drug abuse. The SPD code of JKK was the appropriate code for the applicant based upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of Army Regulation 635-200, Chapter 14, for drug abuse. The RE Code 4, establishing his ineligibility for...
ARMY | BCMR | CY2011 | 20110004582
Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation for physical fitness of Soldiers who may be unfit to perform their military duties because of a physical disability. The available evidence clearly shows the applicant was medically unfit and evaluated by a PEB. The Army must find that a service member is physically unfit to reasonably perform his or her duties and assign an appropriate disability rating before he or she can be...
ARMY | BCMR | CY2011 | 20110004583
His MOC states that the applicant received the MSM for his actions which led to the saving of a civilian womans life, during what has become known as the Great Blizzard of 1978. The applicant along with two other RI Army National Guard (RIARNG) Soldiers was also awarded the Valley Forge Cross from the National Guard Association of the United States (NGAUS) for their actions during the emergency. Two memoranda from the Military Awards Branch, AHRC, dated 1 May 2008 and 25 June 2009 show...
ARMY | BCMR | CY2011 | 20110004584
Orders 258-1060, issued by the Office of the Adjutant General, State of New York, dated 15 September 2009, show the effective date of his appointment was 19 August 2009 and that he was granted temporary Federal recognition which would expire on 19 August 2010. Orders in his record show he did not receive permanent Federal recognition for his initial appointment as a CPT until 19 August 2010, a full year after an FREB recommended such recognition. As a result, the Board recommends that all...
ARMY | BCMR | CY2011 | 20110004586
The applicant requests correction of his military records to show award of the Purple Heart for injuries received in the Republic of Vietnam (RVN). The applicant contends that his military records should be corrected to show award of the Purple Heart for injuries received during a mortar attack. _______ _ 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 | 20110004587
Counsel states the applicant's claims warrant a more comprehensive analysis by the Army Board for Correction of Military Records (ABCMR), specifically: * whether, under the terms of the 2004 version of Army Regulation 135-18, the applicant's records should have been considered by a continuation board * whether any National Guard Bureau (NGB) or Headquarters, Department of the Army (HQDA) written policies addressed "one time occasional tour" AGR officers for continuation beyond their tours *...
ARMY | BCMR | CY2011 | 20110004591
The applicant requests that he be awarded the Purple Heart. The applicant's request for award of the Purple Heart based on shrapnel wounds he received while in the RVN has been carefully considered. _____________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ARMY | BCMR | CY2011 | 20110004594
Should the initial period of temporary Federal recognition expire due to administrative processing delays though no fault of the applicant, a subsequent Federal recognition board should be convened and another period of temporary Federal recognition granted, if warranted." Therefore, she is entitled to correction of her records to show she was extended Federal recognition effective 13 December 2008 with a DOR to 2LT of 13 December 2008. As a result, the Board recommends that all Department...
ARMY | BCMR | CY2011 | 20110004595
The applicant appealed his conviction; however, on 25 February 1982, the U.S. Army Court of Military Review affirmed the findings and sentence. The applicant's request that his discharge be upgraded because he was wrongfully charged and convicted was carefully considered; however, there is insufficient evidence to support this request. His conviction and discharge were effected in accordance with applicable law and regulations and the discharge appropriately characterizes the misconduct...
ARMY | BCMR | CY2011 | 20110004608
There is no evidence the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. The evidence of record shows the applicant demonstrated he could not or would not meet acceptable standards required of enlisted personnel as evidenced by the NJPs he received for failing to go to his appointed place of duty, writing bad checks, and wrongfully using marijuana. ___________X__________ CHAIRPERSON I certify that herein is...