ARMY | BCMR | CY2011 | 20110012624
He informed the applicant there was not much evidence to support her back pain at the time. a. Paragraph 2-2b states that when a member is being separated by reason other than physical disability, the Soldier's continued performance of duty creates a presumption of fitness which can be overcome only by clear and convincing evidence that the Soldier was unable to perform his/her duties. As a result, there is insufficient evidence to show she was discharged from active duty for medical reasons.
ARMY | BCMR | CY2011 | 20110012625
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the: * Combat Medical Badge * Eight more awards of the Air Medal * Expert Marksmanship Qualification Badge with Rifle (M-14 and M-16) and Machinegun (M-60) Bars 2. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. ...
ARMY | BCMR | CY2011 | 20110012630
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 15-185 (Army Board for Correction of Military Records) states the ABCMR begins its consideration of each case with the presumption...
ARMY | BCMR | CY2011 | 20110012631
He claimed he had been hospitalized for TBI from 17 February to 20 March 2009. The TSGLI program was established by Congress to provide relief to Soldiers and their families after suffering a traumatic injury. Neither the available records nor the medical documentation the applicant provided establish a basis to support his request.
ARMY | BCMR | CY2011 | 20110012635
His record includes a DD Form 214 showing he served on active duty from 13 March 2010 until he was honorably REFRAD on 12 March 2011. a. Army Regulation 600-8-22 states the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the GWOTEM, ACM, or Iraq Campaign Medal. The available records show the applicant was properly awarded the ACM...
ARMY | BCMR | CY2011 | 20110012638
He feels he qualifies for the CMB because Army Regulation 600-8-22 (Military Awards) states under intent "Conceivably, this could occur if an infantry unit lost all its medics and as a temporary or permanent measure medical personnel were attached to an infantry unit, but remained assigned to a hospital or other non-infantry unit." He contends that his unit, the 1st Medical Company, was assigned to the 4th Infantry Division in the Central Highlands of Vietnam, and provided medical services...
ARMY | BCMR | CY2011 | 20110012639
The documentation provided by the applicant is new evidence that will be considered by the Board. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. The Purple Heart requires: * a wound was the result of hostile action * treatment of the wound by military medical personnel * documentation of the wound in official records * official orders awarding the decoration 3.
ARMY | BCMR | CY2011 | 20110012640
The applicant requests, through his Member of Congress, reconsideration of his previous request for correction of his records to show he submitted a request to enroll his spouse in the Survivor Benefit Plan (SBP) within one year of their marriage. In separate correspondence to his Member of Congress, the applicant states: * he served 28 years and retired in the rank of lieutenant colonel (LTC)/O-5 * he previously submitted a request for his spouse to be enrolled in the SBP; however, that...
ARMY | BCMR | CY2011 | 20110012641
He states: a. the letter [previous proceedings] from the Board stated his records were lost in a fire; therefore, it couldn't be determined that his name was placed on the direct casualty roster for the Vietnam War; b. the entry "Dir Cas" [direct casualty] is recorded on the DA Form 8-275-3 (Clinical Record Cover Sheet) he provided; c. he provided quotes from the Admitting Officer who is a renowned physician in the field of Nephrology [study of kidneys] in Newark, NJ; d. he cited an...
ARMY | BCMR | CY2011 | 20110012642
IN THE CASE OF: BOARD DATE: 19 July 2011 DOCKET NUMBER: AR20110012642 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The 2010 National Defense Authorization Act (NDAA), section 604 provided special authority to monetarily compensate Soldiers who were REFRAD and not able to use PDMRA during the period between PDMRA authorization by the Secretary of Defense on 19 January 2007, and publication of the Armys PDMRA implementation guidance on 18 August 2007. The evidence of record and...
ARMY | BCMR | CY2011 | 20110012643
The applicant states the Army clearly violated Army Regulation 40-501 (Standards of Medical Fitness) and the UCMJ by requiring a bad conduct discharge (BCD) hearing in order to issue a certificate of unsuitability for enlistment/reenlistment [now known as a bar to reenlistment]. 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 medically retired or separated. Additionally,...
ARMY | BCMR | CY2011 | 20110012644
Her DD Form 214 issued at the time of her REFRAD shows that she was awarded the Army Commendation Medal, the Global War on Terrorism Service Medal, the National Defense Service Medal, and the Army Service Medal. Accordingly, it would be in the interest of justice to award her the AGCM (1st award) for the period of 10 August 2001 to 9 August 2004 and to correct her DD Form 214 to show this award. The applicant served in Iraq from 20030403 to 20040310 and that information should be added to...
ARMY | BCMR | CY2011 | 20110012645
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. _______ _ 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 | 20110012650
The applicant request his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the Combat Action Badge (CAB) and Southwest Asia Service Medal (SWASM). The applicant requests award of the CAB. As a result, his request for award of the CAB will not be discussed further in this Record of Proceedings.
ARMY | BCMR | CY2011 | 20110012653
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. A review of documents contained in his military personnel record shows his SSN consistently appears as "xxx-xx-4869" throughout his tenure of service. The applicant requests correction of his military records to show his SSN as shown in his...
ARMY | BCMR | CY2011 | 20110012657
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. If a unit commander elects not to recommend a Soldier for promotion on the automatic promotion date, then the commander will submit a DA Form 4187 denying the advancement. Unfortunately, there is insufficient evidence in this case to determine why the applicant was not advanced sooner and in the absence of such evidence, it must be presumed that the applicants commander did not deem her deserving of advancement.
ARMY | BCMR | CY2011 | 20110012663
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant states: * no one told him he needed to update his SBP election or that he had any choices that needed to be made with regard to the SBP when he updated his marital status in 2003 and 2005 at the Mayport Naval Station * he updated his records in both instances well within a year of each event * he was informed by three Defense Finance and Accounting Service (DFAS) personnel that he was eligible to discontinue SBP and receive...
ARMY | BCMR | CY2011 | 20110012672
It also shows in: a. item 12 (Record of Service), block f (Foreign Service): 2 years, 5 months, and 20 days; and b. item 18 (Remarks) does not show the applicant deployed with his unit to SWA or the period of such a deployment. While the evidence is conflicting with respect to the dates of service in SWA, the evidence of record does show the applicant served in SWA. Based on the available evidence, it would be appropriate to correct the applicant's DD Form 214 to show he served in SWA from...
ARMY | BCMR | CY2011 | 20110012677
Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show this medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the AGCM (1st Award) for the period 10 October 1967 to 14 May 1969; b. deleting the Vietnam Service Medal from item 24 of his DD Form 214; and c. adding to item 24 of his DD Form 214 the Combat Infantryman...
ARMY | BCMR | CY2011 | 20110012679
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of item 11 (Primary Specialty) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show military occupational specialty (MOS) 27D1O (Paralegal Specialist). Evidence of record shows the applicant completed the 27D, Paralegal Specialist course on 3 July 2003.
ARMY | BCMR | CY2011 | 20110012682
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect awards of the Purple Heart, the Combat Infantryman Badge (CIB), the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), and any other awards to which he is entitled. He had served 2 years of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National...
ARMY | BCMR | CY2011 | 20110012684
Application for correction of military records (with supporting documents provided, if any). His request to change his SSN on his DD Form 214 was carefully considered; however, it is not supported by the evidence of record. _______ _ __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 | 20110012687
Application for correction of military records (with supporting documents provided, if any). His DD Form 214 lists his awards as the Army Service Ribbon, Army Aviator Badge, Joint Service Commendation Medal, and Army Commendation Medal. Furthermore, he would have had to be specifically recommended for and approved for award of the Air Medal and there is no available evidence of either.
ARMY | BCMR | CY2011 | 20110012688
Elections must be made prior to the effective date of retirement. The evidence of record confirms, after receiving his 20 year letter, the applicant was married on 26 May 1990 but elected to participate in the RCSBP on 13 July 1991. However, he did not contend or provide evidence to show he and his spouse took action to elect NOT to participate in the SBP prior to 1 January 2011.
ARMY | BCMR | CY2011 | 20110012699
The applicant requests correction of the military records of his father, a former service member (FSM), to show he was promoted to the rank of captain/pay grade O-3. Therefore, it is appropriate to issue a certificate showing the FSM was promoted to the grade of captain with an effective date of 25 January 1946. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing a certificate showing the FSM was promoted to captain...
ARMY | BCMR | CY2011 | 20110012702
Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows the following: * Bronze Star Medal (2nd Oak Leaf Cluster) * Army Commendation Medal * Armed Forces Expeditionary Medal * Air Medal with "V" Device * Combat Infantryman Badge * Army Good Conduct Medal (5th Award) * Senior Parachutist Badge * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Republic of Vietnam Gallantry Cross with...
ARMY | BCMR | CY2011 | 20110012706
On 12 February 1991, his commander notified him that he was initiating action to discharge him under the provisions of paragraph 14-12b, chapter 14 of Army Regulation 635-200 (Personnel Separations) because he had been convicted by a summary court-martial for being AWOL from 14 September to 8 October 1990. The commander advised the applicant of his right to: * submit statements in his own behalf * obtain copies of documents that would be sent to the separation authority supporting his...
ARMY | BCMR | CY2011 | 20110012713
The applicant requests upgrade of his general discharge to an honorable discharge. On 26 July 1994, his commander notified him of his intent to initiate separation action against him under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 14, for misconduct abuse of illegal drugs. He elected to be represented by counsel, but he waived consideration of his case before an administrative separation board, contingent upon his receipt of a...
ARMY | BCMR | CY2011 | 20110012715
The applicant requests upgrade of his general discharge to an honorable discharge. On 31 January 2002, the applicant's squad leader counseled him pertaining to separation under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 14-12b, for misconduct. He further advised the applicant that he was taking the counseling statement to the first sergeant and company commander for further consideration.
ARMY | BCMR | CY2011 | 20110012717
These thirteen DA Forms 4856 show the applicant was informed eleven times that his continued negative behavior could result in his elimination from the service with less than an honorable discharge; two of which were under chapter 14 of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel). The applicant provides: a. Further, by regulation, an enlisted Soldier may not be referred for, or continue, physical disability processing when action has been started under any...
ARMY | BCMR | CY2011 | 20110012722
The applicant requests correction of his date of birth (DOB) shown on his DD Form 214 (Report of Separation from Active Duty). Item 4 (DOB) of the DD Form 214 issued at that time shows his DOB as 25 March 1956. DISCUSSION AND CONCLUSIONS: The record shows the applicant's DOB was correctly recorded as 26 March 1956 when he entered military service, but an error was made when the DOB was entered on his DD Form 214.
ARMY | BCMR | CY2011 | 20110012728
The applicant states that he served in Grenada from 19831024 19831106 and 19831219 19840202; however, that service is not reflected on his DD Form 214. 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 Board determined that the evidence presented was sufficient to warrant a...
ARMY | BCMR | CY2011 | 20110012736
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Ranger Badge. He further requests correction of his last duty assignment to show it was with Company G, 187th Airborne. The applicant contends, in effect, that his DD Form 214 should be corrected to show award of the Ranger Tab and that his last duty assignment was with Company G, 187th Airborne.
ARMY | BCMR | CY2011 | 20110012742
There is no medical evidence in his available record that shows he was wounded as a result of hostile action while in an active duty status. There is no evidence in the applicants records and he has not provided conclusive evidence that shows he was wounded or injured as a result of hostile action, that he was treated for such wounds by medical personnel, and that his treatment was made a matter of official record. _______ _ X _______ ___ CHAIRPERSON I certify that herein is recorded the...
ARMY | BCMR | CY2011 | 20110012756
Part V (Performance and Potential Evaluation (Rater)) the following entries are noted in: (1) Part Va (Evaluate the Rated Officer's Performance During the Rating Period and His/Her Potential for Promotion), the rater placed an "X" in the "Unsatisfactory Performance Do Not Promote" block. His record contains the third contested OER and rebuttal to the OER covering the rating period 9 February and 4 June 2008, a change-of-rater OER for his performance of duty as the Training Officer. Army...
ARMY | BCMR | CY2011 | 20110012757
The applicant requests upgrade of his discharge under other than honorable conditions (UOTHC) to an honorable discharge (HD). On 22 January 1982, the applicant was notified he was being processed for administrative separation for patterns of misconduct under the provisions of chapter 14, Army Regulation 635-200 (Personnel Separations), due to frequent incidents with military authority. There is no record the applicant petitioned the Army Discharge Review Board seeking a discharge upgrade...
ARMY | BCMR | CY2011 | 20110012759
The applicant states she has the Purple Heart Medal but not a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) which shows the award. c. Item 40 (Wounds) contains a statement that the FSM received fragmentation wounds-left foot (non-hostile) on 22 September 1968. d. Item 41 (Awards and Decorations) does not show award of the Purple Heart. There is no evidence in the available record showing the FSM was awarded the Purple Heart and his name does...
ARMY | BCMR | CY2011 | 20110012760
IN THE CASE OF: BOARD DATE: 19 January 2012 DOCKET NUMBER: AR20110012760 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his bad conduct discharge be upgraded. Conviction and discharge were effected in accordance with applicable law and regulations.
ARMY | BCMR | CY2011 | 20110012766
There is no evidence which shows the applicant served on active duty at Fort Sill, OK for more than 4 months and 9 days. There is no evidence of record and he provided no evidence which shows he served at Fort Sill, OK for 17-19 months. _______ _ 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 | 20110012767
The applicant requests reconsideration of his request for correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Army of Occupation Medal with Japan Clasp and the Korean Service Medal he is authorized based on his overseas service. Records show: a. the applicant served on active duty from 17 April 1951 through 3 April 1953; b. the 70th Tank Battalion served in Korea during the Korean War and the last campaign the battalion...
ARMY | BCMR | CY2011 | 20110012772
Counsel states: * the applicant was verified for the $15,000.00 SRIP and enlisted for same * after he was paid the first of two equal installments, he was denied the second and informed the first installment would be recouped * the bonus was a major inducement for the applicant to join the Guard 3. The applicant contends he should be allowed to keep the first portion of the SRIP bonus and paid the second installment of the bonus in the amount of $7,500.00 per his enlistment contract. The...
ARMY | BCMR | CY2011 | 20110012773
The applicant requests, in effect: a. he be issued an Honorable Discharge Certificate from the U.S. Army Reserve (USAR); and b. all awards and decorations to which he may be entitled for his service during Operation Iraqi Freedom. Item 6 (Reserve Obligation Termination Date) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the entry "2008 05 29" [29 May 2008]. Evidence shows he enlisted in the USAR on 30 May 2000 for a period of 8 years.
ARMY | BCMR | CY2011 | 20110012779
He underwent arthroscopic surgery at Pinehurst Surgery Center on 4 August 2008 and upon discharge with a knee immobilizer and crutches, he was given 30 days of convalescent leave. The documentation submitted to support the claimed loss of ADLs was not within 2 years/730 days of the injury. Neither the available records nor the medical documentation the applicant provided establish a basis to support his request.
ARMY | BCMR | CY2011 | 20110012784
The applicant requests consideration by a Medical Evaluation Board (MEB)/ Physical Evaluation Board (PEB) and a medical retirement. There is no evidence which shows the applicant was evaluated by an MEB or PEB prior to his release from active duty. It states commanders of medical treatment facilities (MTFs) who are treating Soldiers may initiate action to evaluate the Soldiers physical ability to perform the duties of his or her office, grade, rank, or rating.
ARMY | BCMR | CY2011 | 20110012785
The 2010 National Defense Authorization Act (NDAA), section 604 provided special authority to monetarily compensate Soldiers who were REFRAD and not able to use PDMRA during the period between PDMRA authorization by the Secretary of Defense on 19 January 2007, and publication of the Armys PDMRA implementation guidance on 18 August 2007. This authorization was for Soldiers who were REFRAD and not able to use PDMRA during the period between authorization for the program on 19 January 2007,...
ARMY | BCMR | CY2011 | 20110012786
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows the: * National Defense Service Medal * Vietnam Service Medal * RVN Vietnam Campaign Medal with Device (1960) * Air Medal * Army Commendation Medal 5. The evidence of record shows the applicant was awarded an infantry MOS and he was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the RVN. As a...
ARMY | BCMR | CY2011 | 20110012791
The applicant requests correction to Item 3 (Social Security Number (SSN)) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his SSN is XXX-XX-350X and not XXX-XX-305X. His DD Form 47 (Record of Induction) does not list his SSN. ABCMR Record of Proceedings (cont) AR20110012791 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110012791 3 ARMY BOARD FOR CORRECTION OF MILITARY...
ARMY | BCMR | CY2011 | 20110012792
The applicant requests he be issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) to show the following: * Army Commendation Medal (ARCOM) * Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation * All marksmanship qualification badges * His 2 years of service in the Army National Guard (ARNG) 2. Therefore, it would be appropriate to correct his DD Form 214 to show these unit awards. As a result, the Board recommends that all...
ARMY | BCMR | CY2011 | 20110012796
The applicant states, in effect, he was given a UD for fraudulent enlistment, and even though the enlistment was fraudulent, it was not intentional. The available record confirms the applicant was discharged under the provisions of Army Regulation 635-206 by reason of 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 | 20110012800
The applicant requests upgrade of his general discharge to an honorable discharge (HD), addition of Air Medals to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), and restoration to the grade of E-5. On 5 July 1973, he 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. All units in Vietnam were awarded the Republic...