ARMY | BCMR | CY2011 | 20110006270
BOARD DATE: 24 January 2012 DOCKET NUMBER: AR20110006270 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. On 14 July 2010, the applicant was advised by officials at HRC that he had been selected for promotion to LTC by an SSB; however, because he was retired and he was no longer in an active status (on the RASL), he could not be promoted. Accordingly, the applicants records should be corrected to show he was promoted to the rank of LTC on 21 December 2007 as if he was occupying an LTC...
ARMY | BCMR | CY2011 | 20110006276
He was promoted to the rank of 1LT on 5 November 1992. In a rebuttal to the advisory opinion, dated 18 November 2011, he stated it is obvious he was passed over for promotion to CPT due to his time in the IRR. The evidence of record shows that due to an administrative error on the part of the Army the applicant was erroneously promoted to the rank of CPT on 4 December 2000.
ARMY | BCMR | CY2011 | 20110006277
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. 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...
ARMY | BCMR | CY2011 | 20110006280
IN THE CASE OF: BOARD DATE: 28 April 2011 DOCKET NUMBER: AR20110006280 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. However, the Army policy requires PDMRA to be used during the active duty period in which it was earned and there are no provisions to carry over or be monetarily compensated for PDMRA outside of the legal authority provided by the 2010 NDAA which expired on 28 October 2010. The evidence of record and independent evidence provided by the applicant is void of any...
ARMY | BCMR | CY2011 | 20110006281
On 5 April 1973, after consulting with counsel, he voluntarily requested discharge for the good of the service under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 10. Army Regulation 635-200, paragraph 3-7a, stated an honorable discharge was a separation with honor. Army Regulation 635-200, paragraph 3-7b, stated a general discharge was a separation from the Army under honorable conditions.
ARMY | BCMR | CY2011 | 20110006287
Application for correction of military records (with supporting documents provided, if any). The applicant states the FSM's discharge should be upgraded because his records were burned at the National Personnel Records Center and, as a result, there are no available records to substantiate the validity of his discharge. The FSM's military service records are not available to the Board for review.
ARMY | BCMR | CY2011 | 20110006290
Therefore, her DD Form 214 should be corrected to show these awards. Therefore, this military document alone is insufficient evidence as a basis to correct her DD Form 214 to show these awards. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.
ARMY | BCMR | CY2011 | 20110006299
Application for correction of military records (with supporting documents provided, if any). The Vietnam Service Medal (VSM) is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing a DD Form 215 to him adding the following to item 24 of his DD Form 214: * BSM * ARCOM * NDSM * VSM...
ARMY | BCMR | CY2011 | 20110006314
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. His enlistment contract, dated 31 January 1968, shows he was born on 25 March 1948. Item 9 of his DD Form 214 shows he was born on 25 May 1948.
ARMY | BCMR | CY2011 | 20110006315
IN THE CASE OF: BOARD DATE: 27 October 2011 DOCKET NUMBER: AR20110006315 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. There is no evidence to show he applied to the Army Discharge Review Board within its established 15-year statute of limitations for a discharge upgrade. The evidence shows the applicant's company commander initiated separation action against him for assault consummated by a battery, an Article 15, and vacation of the Article 15.
ARMY | BCMR | CY2011 | 20110006317
On 16 October 1986, the Commanding General ordered that the letter of reprimand be filed in the performance portion of his Official Military Personnel File. The characterization of service for this type of discharge is normally UOTHC and the evidence shows that the applicant was aware of that prior to requesting 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...
ARMY | BCMR | CY2011 | 20110006318
Application for correction of military records (with supporting documents provided, if any). The evidence of record shows the VA has given the applicant a service-connected disability rating for a shrapnel wound to the lower right leg incurred during the Vietnam era. In the absence of such evidence, there is an insufficient basis for awarding him the Purple Heart or correcting his record to show this award.
ARMY | BCMR | CY2011 | 20110006321
The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty) and Army National Guard PDMRA Calculator Worksheet in support of this application. However, the Army policy requires PDMRA to be used during the active duty period in which it was earned and there are no provisions to carry over or be monetarily compensated for PDMRA outside of the legal authority provided by the 2010 NDAA which expired on 28 October 2010. Contrary to the NGB advisory opinion, the...
ARMY | BCMR | CY2011 | 20110006323
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that his correct middle name is Bernerd. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing on his DD Form 214 that his correct middle name is Bernerd instead of Bernard as...
ARMY | BCMR | CY2011 | 20110006327
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of item 4a (Grade, Rate or Rank) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank as corporal (CPL) instead of specialist (SPC). The applicant states that his promotion records show that he was a CPL.
ARMY | BCMR | CY2011 | 20110006328
The applicant requests correction of his DD Form 214 (Certificate or Release or Discharge from Active Duty) to show he participated in combat operations and to show the Army Superior Unit Award (ASUA). The 1st Armored Division deployed to Saudi Arabia in preparation for entering Iraq, and an ARCOM certificate shows he also served in combat operations in Iraq and Kuwait. The record shows the applicant participated in Desert Shield/Storm, and his service coincided with three campaigns.
ARMY | BCMR | CY2011 | 20110006331
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant's military records show he was inducted into the Army of the United States on 14 July 1970. On 5 November 1973, after consulting with counsel, he voluntarily requested discharge for the good of the service under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 10.
ARMY | BCMR | CY2011 | 20110006332
The applicant requests that his undesirable discharge be upgraded to a fully honorable discharge. On 7 May 1966, the applicant's commander initiated action to discharge him from the service under the provisions of Army Regulation 635-206 (Personnel Separations Discharge Misconduct) for fraudulent enlistment. ___________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 | 20110006335
Application for correction of military records (with supporting documents provided, if any). The evidence further shows this same address was listed on his DD Form 214 as his permanent address following separation, and he authenticated his DD Form 214 by affixing his signature. As a result, the Board recommends denial of so much of the application that pertains to the correction of his: * separation rank and grade * home of record address * permanent address for mailing purposes after...
ARMY | BCMR | CY2011 | 20110006336
Application for correction of military records (with supporting documents provided, if any). Therefore, there is no evidence of record or independent evidence that suggests his military records exhibit a material error or injustice. _______ _ 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 | 20110006338
The applicant states he served in the infantry in Vietnam in 1966. The evidence of record shows the applicant held an infantry MOS and was assigned to an infantry unit. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 13 of his DD Form 214 for the period ending 31 May 1986 the Vietnam Service Medal; b. awarding him the Combat Infantryman Badge effective 15 February 1967; and c. adding to item 13 of...
ARMY | BCMR | CY2011 | 20110006339
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) rendered for the period ending 31 December 1990 to show his primary military occupational specialty (PMOS) was a Traffic (i.e., Transportation) Management Coordinator rather than a Motor Transport Operator. His DA Form 2-1 (Personnel Qualification Record), item 35 (Record of Assignments) shows the applicant's MOS converted to 88N (Transportation Management Coordinator) and he held...
ARMY | BCMR | CY2011 | 20110006340
The applicant requests that he be awarded the Combat Infantryman Badge (CIB) and the Parachutist Badge and that his records be corrected accordingly. Army Regulation 600-8-22 (Military Awards) states award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump. of...
ARMY | BCMR | CY2011 | 20110006341
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 Silver Star, Bronze Star Medal, and two awards of the Purple Heart. A review of the applicant's military personnel records failed to reveal any evidence that he was recommended for, authorized, or awarded the Silver Star, Bronze Star Medal, or Purple Heart. A timeline of his military service that, in pertinent part, shows he was: * inducted in...
ARMY | BCMR | CY2011 | 20110006342
A general discharge is the separation from the Army under honorable conditions of an individual whose military record was not sufficiently meritorious to warrant an honorable discharge. The applicant's request for upgrade of his discharge under honorable conditions was carefully considered; however, the evidence of record is insufficient to grant relief in this case. ____________X_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of...
ARMY | BCMR | CY2011 | 20110006343
The applicant requests, in effect: * adjustment of his mandatory removal date (MRD), from 31 August 2016 to 30 November 2019 * adjustment of his date of rank (DOR), from 17 December 2000 to 31 March 2004 2. The applicant states, in effect: a. he was reappointed and promoted in accordance with the provisions of the Wxxxxx lawsuit (Settlement Agreement, Lxxxx J. Wxxxxx vs. Fxxxxxx J. Hxxxxx, in his official capacity as Secretary of the Army, U.S. District Court for the Western District of...
ARMY | BCMR | CY2011 | 20110006346
The evidence of records shows that upon his enlistment in the RA on 15 February 1977, the applicant listed his SSN as "XX2-0X-XXX9." __________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) AR20110006346 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110006346 3 ARMY...
ARMY | BCMR | CY2011 | 20110006349
Additionally, Army Regulation 635-200 (Administrative Separations Enlisted Personnel) states in paragraph 1-32 that mental status evaluations and medical examinations are required for Soldiers being processed for separation under chapter 14 for misconduct. The Soldier's medical condition must be either the direct or substantial contributing cause of the misconduct or other circumstances warranting disability processing instead of further processing under chapter 14. c. In accordance with...
ARMY | BCMR | CY2011 | 20110006352
Chapter 4 (Processing Selection Board Recommendations), paragraph 4-21, provides that promotion of unit officers selected by a mandatory board will have a promotion date and effective date no earlier than the date the board is approved, provided they are assigned to a position in the higher grade. The applicant was assigned to an O-4 position on 1 March 2010; however, he was not promoted to MAJ by the Texas ARNG or granted Federal recognition by the NGB until 10 January 2011. As a result,...
ARMY | BCMR | CY2011 | 20110006355
The applicant requests correction of his DD Form 214 to show his dates of service in Vietnam. Also, item 30 should be corrected to show his dates of service in the RVN. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 as follows: a. deleting the entries from item 22c, b. adding the entries "USARPAC" and "01 00 22" to item 22c, c. deleting the entry "VN SERVICE: NVAL" from item 30, d. adding the...
ARMY | BCMR | CY2011 | 20110006356
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * his rank/grade as sergeant (SGT)/E-5 * the terminal date of his Reserve obligation as 6 May 1985 * award of the Purple Heart on 1 July 1967 and Drill Sergeant Identification Badge on 24 August 1984 * his military occupational specialty (MOS) as 19D2X 2. He may use these documents as evidence of his service as a drill sergeant in the USAR and as evidence he held...
ARMY | BCMR | CY2011 | 20110006359
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show in: * item 12 (Last Duty Assignment and Major Command) HQ BTRY, 15 AAA, AW, BN, SP 7th INF DIV * item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the Army Good Conduct Medal (AGCM), National Defense Service Medal (NDSM), and Korean Service Medal (KSM) * item 18 (intended to mean item 28 ((Service...
ARMY | BCMR | CY2011 | 20110006363
The applicant states: * he served at the U.S. Embassy in Saigon, Vietnam, from 15 November 1969 to 15 February 1970 * the DA Form 1577 (Authorization for Issuance of Awards) and Addendum to DA Form 1577 show his service in Vietnam in 1969-1970 * at the time of his "discharge" his pay grade was E-4, not E-1 3. The applicant provides: * two DD Forms 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552)) * DA Form 1577 * Addendum to DA...
ARMY | BCMR | CY2011 | 20110006366
The applicant requests correction of item 24 (Character of Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service was honorable. Chapter 4 of Army Regulation 635-200 states that a Soldier will be discharged or released from active duty upon termination of enlistment and other periods of active duty or for ADT. The evidence also shows that upon completion of his required service in the USAR, he was issued discharge orders and an Honorable...
ARMY | BCMR | CY2011 | 20110006367
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 Army Good Conduct Medal and the Air Medal. General orders awarded the applicant the Army Commendation Medal with "V" Device, Bronze Star Medal (1st Oak Leaf Cluster), and the Army Good Conduct Medal (1st Award) which are not shown on his DD Form 214. With respect to his request to have his DD Form 214 corrected to show award of the Air Medal, there...
ARMY | BCMR | CY2011 | 20110006370
The applicant requests the award of the Combat Medical Badge. Army Regulation 672-5-1 (Military Awards), in effect at the time, stated the Combat Medical Badge was awarded to a member of the Army Medical Service (colonels and below) who had satisfactorily performed medical duties subsequent to 6 December 1941 while assigned or attached to a medical unit of an infantry unit of brigade, regimental, or smaller size, or as a member of the medical platoon of an infantry or airborne brigade...
ARMY | BCMR | CY2011 | 20110006375
The applicant requests a DD Form 214 (Certificate of Release or Discharge from Active Duty) be issued for the period from 1 November 1990 to 1 June 1991. This regulation further states that if no DD Form 214 is available, a statement of service or transcript of military record may be issued. However, her orders to active duty in her Military Personnel Records Jacket (MPRJ) show a report date of 30 November 1990.
ARMY | BCMR | CY2011 | 20110006376
The applicant requests his general discharge under honorable conditions be upgraded to an honorable discharge. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. The applicants request for an upgrade of his general under honorable conditions discharge to an honorable discharge was carefully considered and determined to lack merit.
ARMY | BCMR | CY2011 | 20110006378
Application for correction of military records (with supporting documents provided, if any). The applicant requests an upgrade of his under other than honorable conditions (UOTHC) discharge. The applicant provides a self-authored statement and his DD Form 214 (Report of Separation from Active Duty) in support of his application.
ARMY | BCMR | CY2011 | 20110006379
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) to show his foreign service in Southwest Asia and award of the Combat Infantryman Badge. There is insufficient evidence to add this badge to his DD Form 214.
ARMY | BCMR | CY2011 | 20110006380
Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army Physical Disability Evaluation System (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 office, grade, rank, or rating. Once a determination of physical unfitness is made, the Physical Evaluation Board rates all disabilities using the VA Schedule of...
ARMY | BCMR | CY2011 | 20110006381
The applicant states he was wounded in Vietnam and never received the Purple Heart. There is no medical evidence in the applicant's available record that shows he was wounded as a result of hostile action during his active service and his records do not contain orders that show he was awarded the Purple Heart. The evidence of record does not show and the applicant did not provide any evidence to show he received a wound/injury as a result of hostile action or that he was treated by medical...
ARMY | BCMR | CY2011 | 20110006383
Therefore, it would be appropriate to correct his DD Form 214 to show these unit awards. His records show he participated in three campaigns while serving in Vietnam. 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 item 24 of his DD Form 214, and b. adding the following awards to item 24 of his DD Form 214: * CIB * ARCOM * Two awards of the RVN Gallantry Cross with Palm Unit Citation * RVN...
ARMY | BCMR | CY2011 | 20110006386
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his first and middle name as Terry Anthony. 2. It further states the DD Form 214 will be prepared to reflect information that exists in the official records at the time of separation. The applicant served his entire period of enlistment under the correct first and middle name of Terry Anthony and the documents in his records correctly reflect the correct name.
ARMY | BCMR | CY2011 | 20110006387
The applicant states, in effect, her deceased husband was a former service member (FSM) of the South Carolina Army National Guard (SCARNG). At that time, he made an illegal SBP election when he elected child only coverage based on the full amount of his retired pay under Option C (immediate coverage). Public Law 106-398, enacted 30 October 2000, requires Reserve and Guard members, who have completed their service obligation and considered entitled for retired pay, but who are not yet age...
ARMY | BCMR | CY2011 | 20110006389
He reenlisted in the U.S. Army on 22 July 1970 for duty in Vietnam. The applicant's military records show he enlisted in the Regular Army in pay grade E-1 on 28 November 1966 for 3 years. There is no evidence he applied to the Army Discharge Review Board within its 15-year statute of limitations for an upgrade of his discharge.
ARMY | BCMR | CY2011 | 20110006391
However, his record contains a DD Form 214 (Report of Separation from Active Duty) which shows he was discharged on 13 December 1973 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, with a character of service of under other than honorable conditions, reentry code 4. On 10 November 1977, the FSM was discharged under Army Regulation 635-200, chapter 14, with an honorable...
ARMY | BCMR | CY2011 | 20110006397
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all of his active duty service. 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. In accordance with public law, any time served after 15 August 1945 was not creditable as...
ARMY | BCMR | CY2011 | 20110006399
Although all of the applicant's military records are not available for review, his DD Form 214 shows he was inducted as a PV1/E-1 and he was honorably released from active duty in the temporary rank of CPL/E-4 after completing almost 2 years of active service with no time lost. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the first award of the Army Good Conduct Medal for the period 14 February 1951...
ARMY | BCMR | CY2011 | 20110006400
It also determined the applicant was evaluated by a Medical Evaluation Board (MEB) that recommended that he be referred to a PEB and he concurred with the findings and recommendations of the MEB. He concludes that based on the applicant being granted a 100% disability rating by the DVA and SSA effective the date of his separation from military service, the Army, or PEB, got it wrong in granting only a 40% disability rating. There is no evidence of record or independent evidence submitted...