ARMY | BCMR | CY2012 | 20120017754
However, both he and his former commander state the Purple Heart was pinned on him by General Williamson of the 25th Infantry Division along with a Silver Star, for action on 18 September 1968. c. The following morning, 18 September 1968, the applicant returned from the ambush with two Soldiers who had been seriously wounded and were medically evacuated for hospital care and four or five others who received minor wounds to include the applicant who were treated by the firebase medics. It...
ARMY | BCMR | CY2012 | 20120017766
There is no evidence of record that shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. Therefore, in the absence of additional documentation that conclusively shows he was wounded or injured as a result of...
ARMY | BCMR | CY2012 | 20120017768
The applicant provided Elvis Presley's (SGT Presley) DD Form 214 which shows SGT Presley was drafted into the Army of the United States on 24 March 1958. Additionally, he states he had a better service record than SGT Presley. The ABCMR considers cases based on the evidence in an applicant's service record and the evidence they provide to support and strengthen the case.
ARMY | BCMR | CY2012 | 20120017769
The applicant states his sexuality was used to determine his discharge. The applicant, a Regular Army sergeant (pay grade E-5) with approximately 6 1/2 years of active duty service, committed an offense for which he ultimately requested discharge in lieu of trial by court-martial. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.
ARMY | BCMR | CY2012 | 20120017770
He completed 4 years, 6 months, and 18 days of creditable active service during the period under review with 201 days of time lost. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. ABCMR Record of Proceedings (cont) AR20120017770 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120017770 2 ARMY BOARD FOR CORRECTION OF MILITARY...
ARMY | BCMR | CY2012 | 20120017788
The applicant requests, in effect, his records be corrected to show he does not have to repay his Reserve Officers' Training Corps (ROTC) scholarship debt. The DA Form 597-3 states in Part II (Agreement 0f Scholarship Cadet Contracting in the Senior ROTC Program: a. The evidence of record shows that he was accepted into an Army ROTC scholarship program and he agreed that if he was disenrolled from the program for any reason he could be ordered to reimburse the United States the dollar...
ARMY | BCMR | CY2012 | 20120017794
The applicant requests correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his dates of service in Vietnam. The evidence of record shows the applicant served in Vietnam from 15 July 1967 through 15 July 1968. As a result, the Board recommends denial of so much of the application that pertains to correction to his DD Form 214 for the period ending 31 August 1988 to show his dates of service in Vietnam.
ARMY | BCMR | CY2012 | 20120017796
The applicant states: * he initially enlisted in the Regular Army in 1985 and served until he was discharged in 1992 * he secured civilian employment with a U.S. firm in Germany * he reenlisted in the U.S. Army Reserve (USAR) in 2008 and was ultimately deployed to Iraq where he was injured * he was returned to Germany and underwent two operations while assigned to the warrior transition unit (WTU) * while assigned to the WTU, it was determined no additional care was authorized, and he was...
ARMY | BCMR | CY2012 | 20120017799
On 16 August 2011, the applicant was advised he was being recommended for the charge of financial liability to the U.S. Government in the amount of one months pay. The evidence of record shows the applicant was assessed by a FLIPL liability in the amount of $3,382.80 for missing equipment. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was found not to be financially liable as indicated in the financial...
ARMY | BCMR | CY2012 | 20120017834
On 22 June 2009, the Department of Defense (DOD) established the criteria for eligibility and transfer of unused education benefits to eligible family members. 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 evidence of record shows the applicant was serving as a member of the ARNG on active duty until he was released from active duty on 1 December 2009.
ARMY | BCMR | CY2012 | 20120017835
The applicant states: * he was notified by his unit command sergeant major (CSM) of the upcoming promotion board that convened on 2 September 2011 * he was also notified in writing that since he was in the Active Guard Reserve (AGR) program, his physical appearance before the promotion board was not required * he submitted all the necessary documents prior to the suspense date of 22 August 2011 and awaited notification from the board * his name was added to the SGT/SSG Report of Promotion...
ARMY | BCMR | CY2012 | 20120017841
The applicant requests upgrade of his undesirable discharge to an honorable discharge. On the same day, having consulted with legal counsel, he voluntarily requested a 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. ___________x____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...
ARMY | BCMR | CY2012 | 20120017847
The applicant's complete military records are not available for review. He was discharged on 14 June 1972 under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 10, for the good of the service - in lieu of trial by court-martial with a character of service of under conditions other than honorable, and the issuance of a DD Form 258A (Undesirable Discharge Certificate). _______ _ _x______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record...
ARMY | BCMR | CY2012 | 20120017848
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. The NJP should be removed from his official record; therefore, the NCOER should be amended by deleting that part of the statement referencing the NJP/Article 15. As a result, the Board recommends denial of so much of the application that pertains to removing the entire NCOER from his AMHRR, terminating his involuntary retirement, and reversing the QMP Board's decision.
ARMY | BCMR | CY2012 | 20120017853
The applicant states he was told by the 102nd U.S. Army Reserve (USAR) Command that he would be retired from the USAR due to unit inactivation with entitlement to pay and benefits at age 60. The applicant provides Orders 117-018 transferring him to the Retired Reserve. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Showing he was eligible for retired pay at age 60 * Showing his application for retired pay at age 60...
ARMY | BCMR | CY2012 | 20120017854
The applicant requests correction of his military record by overturning his resignation and showing he should be considered for a physical disability retirement. 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. Because the applicant's medical condition was not medically unfitting for retention at the time in accordance with Army Regulation...
ARMY | BCMR | CY2012 | 20120017857
The applicant requests correction of the records of her deceased husband, a former service member (FSM), to show he had 20 creditable years of service for retired pay purposes and payment of any benefits that flow from that change. The applicant states, in effect, that the FSM's retirement points statement incorrectly reflects that the FSM did not have 20 qualifying years of service for retired pay purposes. The FSM's official records also show no evidence to indicate he was ever issued a...
ARMY | BCMR | CY2012 | 20120017858
A rating chain is established to provide the best evaluation of an officers performance and potential. However, the MAJ's statement does not contradict the contested OER or provide evidence concerning the SR's rating. However, they do not contradict the contested OER or provide evidence concerning the SR's rating.
ARMY | BCMR | CY2012 | 20120017861
The PEB recommended a 40% combined disability rating and permanent disability retirement. Whatever the mental health diagnosis would be, the 2010 MEB findings would have held that the diagnosis would have met medical retention standards based on the applicant's 2010 complaints and work history. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. amending item 3 of the applicant's DA Form 3947, dated 5 October 2010, to...
ARMY | BCMR | CY2012 | 20120017870
The applicant requests a review of the military disability evaluation of his mental health condition. The applicant reviewed the MEB findings and did not object to the findings relating to the mental health diagnosis or that it met medical retention standards. A PEB found the applicant unfit for his knee replacement and fit for all other conditions, to include his mental health condition.
ARMY | BCMR | CY2012 | 20120017873
Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 28 February 1968 through 26 February 1971 and to correct his DD Form 214 to show this award. The applicant participated in four campaigns during his service in Vietnam that entitles him to four bronze service stars for wear on his already-awarded Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2012 | 20120017886
His records clearly show he was wounded in action in Vietnam on 1 April 1970 and he was awarded the Purple Heart with 1st Oak Leaf Cluster for that action. Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 12 June 1969 through 19 November 1970 and to correct his DD Form 214 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...
ARMY | BCMR | CY2012 | 20120017893
The applicant requests award of the Army Good Conduct Medal and issue of it and his marksmanship badges. He returned to the United States and was released from active duty, on 19 April 1960, and transferred to the Army Reserve as a specialist four (E-4). Army Regulation 600-65, in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served...
ARMY | BCMR | CY2012 | 20120017894
The applicant requests removal of the DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)), dated 28 May 2002, from the restricted section of his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File. The decision to file the original DA Form 2627 in the performance section or restricted section of the AMHRR will be made by the imposing commander at the time punishment is imposed. The evidence of record...
ARMY | BCMR | CY2012 | 20120017900
A review of the applicant's military personnel records failed to show he was awarded the Army Good Conduct Medal (1st Award). 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st...
ARMY | BCMR | CY2012 | 20120017902
The applicant requests, in effect, correction of his appointment date as a chief warrant officer four (CW4) in the U.S. Army Reserve (USAR) from 8 June 2011 to 1 March 2011. On 8 June 2011, HRC published Orders C-06-108978, dated 17 June 2011, and issued him a memorandum of appointment as a Reserve warrant commissioned officer of the Army with a scroll date and effective date of 8 June 2011. Additionally, the unit assignment order to Company B (-), 2nd Battalion, 228th Aviation Regiment...
ARMY | BCMR | CY2012 | 20120017907
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 interest of justice to do so. His records contain: * a DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 16 September 1985, which shows his SSN as "336-XX-XXXX" * a DA Form 2-1 (Personnel Qualification Record Part II), dated 9 July...
ARMY | BCMR | CY2012 | 20120017909
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 January 2012 to show he served in Iraq from 16 March 2011 through 5 November 2011 and Kuwait from 6 November 2011 through 6 December 2011. The evidence of record shows the applicant served in Iraq from 16 March 2011 through 6 October 2011 and in Kuwait from 7 October 2011 through 6 December 2011. Barring evidence to the contrary, such as specific movement...
ARMY | BCMR | CY2012 | 20120017911
The applicant states DFAS informed him in November 2011 that DFAS had not received his initial SBP election dated in 1992 until June 2011. On 13 October 2011, DFAS wrote a letter to the applicant informing him that his SBP coverage was changed from spouse only to an insurable-interest person based on his DD Form 1883. Accordingly, it would be appropriate to correct the applicant's records by voiding his DD Form 1883 and showing his initial SBP election was made in conjunction with his 2002...
ARMY | BCMR | CY2012 | 20120017917
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 February 1995 to show in item 11 (Primary Specialty) the entry "20 years" and in item 12 (Record of Service) he entered active duty on 24 February 1975. The applicant provides: * item 35 (Record of Assignments) of his DA Form 2-1 (Personnel Qualification Record) * Honorable Discharge Certificate, dated 28 December 1978 * Certificate of Retirement, dated 1...
ARMY | BCMR | CY2012 | 20120017921
His DD Form 214 and DD Form 215 show in: * Item 3 (SSN) the eighth digit is listed as "4" * Item 5a/5b (Grade, Rate, or Rank) specialist five (SP5) (T) temporary * Item 6 (Date of Rank) 17 February 1969 * Item 24 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) * National Defense Service Medal * Vietnam Service Medal (VSM) * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge 4. Therefore, he is entitled to award of the AGCM...
ARMY | BCMR | CY2012 | 20120017923
The applicant requests correction of his military service records to show his social security number (SSN) as "XXX-XX-7915" instead of "XXX-XX-9905." The evidence of record shows the applicant indicated his SSN was lost and/or unknown upon his entry into the U.S. Armed Forces. However, it appears that an incorrect SSN was used for the applicant at some point during his military service and was recorded in his military service records, including his DD Form 214 when he was REFRAD.
ARMY | BCMR | CY2012 | 20120017931
The applicant requests adjustment of her date of rank (DOR) for promotion to chief warrant officer three (CW3) from 14 February 2008 to 1 July 2007, the date she attained 6 years of time in grade (TIG). In accordance with National Guard Regulation 600-101 (Warrant Officers Federal Recognition and Related Personnel Actions), paragraph 7-1, the promotion of warrant officers is a function of the State. National Guard Regulation 600-101, paragraph 7-7, states an ARNG warrant officer must be...
ARMY | BCMR | CY2012 | 20120017932
The NCARNG published the following: * Orders Number 348-880, on 14 December 2011, promoting him to CW2 with an effective date and DOR of 21 November 2011 * Orders Number 093-814, on 2 April 2012, changing his MOS to 140A effective 21 November 2011 4. Warrant officers may be examined for promotion not earlier than 3 months in advance of completing the prescribed promotion requirements so that, if recommended by an Federal Recognition Examining Board (FREB), promotion may be effected on the...
ARMY | BCMR | CY2012 | 20120017936
The applicant requests: * exception to policy to be retained on Continuation on Active Reserve (COAR) status and granted Sanctuary so she can attain 20 years of active federal service (AFS) * receipt of concurrent retirement and disability pay (CRDP) from the Army and Department of Veterans Affairs (VA) 2. Chapter 6 (Continuance of Disabled Personnel on Active Duty) prescribes procedures under which certain Soldiers of the Active Army (on the active duty list) who are eligible for...
ARMY | BCMR | CY2012 | 20120017938
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Republic of Korea (ROK) Presidential Unit Citation (PUC). Therefore, his records 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: a. awarding him the Army Good Conduct Medal for the period 8 February 1967 to 14 September 1968; b....
ARMY | BCMR | CY2012 | 20120017950
The applicant requests correction of his record to show he was medically retired. On 6 May 1990, the applicant's unit commander informed him he was initiating action to separate the applicant from the ALARNG and as a reserve of the Army under the provisions of Army Regulation 135-178 (ARNG and Army Reserve - Enlisted Administrative Separations). The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the...
ARMY | BCMR | CY2012 | 20120017952
The applicant requests reconsideration of a previous decision denying a change in the characterization of her discharge. He directed the applicant be reduced to private/pay grade E-1 and discharged under other than honorable conditions. Army Regulation 600-200 (Enlisted Personnel Management System), then in effect, paragraph 8-11 (Approved for discharge from service under other than honorable conditions), stated when the general court-martial authority determined that a Soldier was to be...
ARMY | BCMR | CY2012 | 20120017958
The applicant, the grandson of a deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show award of the Bronze Star Medal and Combat Infantryman Badge. c. Item 31 (Military Qualification and Date ) does not show award of the Combat Infantryman Badge. As a result, the Board recommends that all Department of the Army records of the FSM be corrected by: a. awarding him the Combat...
ARMY | BCMR | CY2012 | 20120017974
Application for correction of military records (with supporting documents provided, if any). Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It states for: a. item 12, enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously...
ARMY | BCMR | CY2012 | 20120017982
Application for correction of military records (with supporting documents provided, if any). Therefore, her DD Forms 214 for the period ending 16 May 1991 and 22 September 1995 should be corrected to show these awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 12f of her DD Form 214 for the period ending 16 May 1991 the current entry and replacing it with the entry "0000 04 00"; b. adding to...
ARMY | BCMR | CY2012 | 20120017993
His DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Afghanistan Campaign Medal (ACM), Global War on Terrorism Service Medal, Army Service Ribbon, Overseas Service Ribbon, and the NATO Medal. His DD Form 214 confirms he served honorably from 19 February 2004 through 9 September 2007. 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...
ARMY | BCMR | CY2012 | 20120017996
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. However, the record does contain a properly-constituted DD Form 214 that shows he was discharged under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations), in lieu of trial by court-martial. Although an honorable discharge (HD) or general discharge (GD) is authorized, a UOTHC discharge is normally considered appropriate.
ARMY | BCMR | CY2012 | 20120018002
The regulation governing award of the Purple Heart specifically states that in order to support award of the Purple Heart, there must be evidence confirming the wound for which the award is being made was received as a direct result of, or was caused by enemy action, that the wound was treated by medical personnel, and a record of this treatment must have been made a matter of official record. The evidence of record does not show the injuries the applicant sustained in March 1967 were a...
ARMY | BCMR | CY2012 | 20120018006
Her contract at enlistment contained a $3,000.00 non-prior service enlistment bonus (EB) and SLRP option of $10,000.00 for a 6-year contract for MOS 97E. The G-1 advisory official recommends the applicant be granted relief and be awarded the SLRP incentive at a level not to exceed $10,000, and retain the enlistment bonus listed in her original contract because there was no restriction to the applicant receiving both the EB and SLRP options at the time of her enlistment. As a result, the...
ARMY | BCMR | CY2012 | 20120018008
He added that records indicated the applicant had over 21 years of service at the time of his enlistment. In his enlistment contract he indicated he had less than 16 years of military service. However, the evidence of record shows he had over 21 years of military service at the time of enlistment.
ARMY | BCMR | CY2012 | 20120018011
Army Regulation 600-8-22 (Military Awards), currently in effect, states that on or after 18 September 2001, the Combat Medical Badge may be awarded to medical personnel, assigned or attached to or under operational control of any combat arms units of brigade or smaller size, who satisfactorily perform medical duties while the unit is engaged in active ground combat, provided they are personally present and under fire. The available evidence does not show, nor has he provided evidence...
ARMY | BCMR | CY2012 | 20120018016
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: a. his social security number (SSN) as "XXX-XX-0157" and b. award of the Bronze Star Medal (BSM). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the SSN currently shown on his DD Form 214...
ARMY | BCMR | CY2012 | 20120018021
Application for correction of military records (with supporting documents provided, if any). The applicant's request to correct his DD Form 214 to show his SSN as "XXX-43-9374" has been carefully considered. Therefore, the SSN listed in the applicant's military records should not be changed at this time.
ARMY | BCMR | CY2012 | 20120018022
The applicant served in seven campaigns while in Vietnam and thus is entitled to wear one silver and two bronze service stars on his already awarded Vietnam Service Medal and to have them reflected on his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Deleting the award of the Vietnam Service Medal from his DD Form 214 * Adding the awards of the Vietnam Service Medal with one silver and two bronze service...