ARMY | BCMR | CY2012 | 20120019155
In a supplemental report, the police officer stated that based on the nature of the FSM's reported injuries and his earlier review of the accident scene, it was his opinion that the ATV had rolled over the FSM after he had been dismounted from it on the roadway, thereby causing the fatal injuries. Appendix B, Rule 8 states any injury or death caused by a Soldier driving a vehicle when in an unfit condition of which the Soldier was, or should have been aware, is not in line of duty. A...
ARMY | BCMR | CY2012 | 20120019158
The applicant served on active duty for more than 3 years before receiving ratings of "good" for the 3-month period 5 August-14 November 1957. In the absence of any disqualifying factors for his 3-year periods of service before and after receipt of his "good" ratings, it would be appropriate to award him the Army Good Conduct Medal as follows: * 1st Award 26 October 1953-25 October 1956 * 2nd Award 15 November 1957-14 November 1960 6. As a result, the Board recommends that all...
ARMY | BCMR | CY2012 | 20120019167
The applicant's military service records contain an NGB Form 22 showing he was honorably discharged from the MEARNG and transferred to the Retired Reserve effective 1 March 2008. Orders 322-17, U.S. Army Physical Disability Agency, dated 18 November 2010, show the applicant was removed from the TDRL and discharged from the service with severance pay due to permanent physical disability in the rank of SSG with a disability rating of 20 percent effective 1 September 2008. As a result, the...
ARMY | BCMR | CY2012 | 20120019169
The applicant requests removal of the charge of rape from the titling block of a U.S. Army Criminal Investigation Command (USACIDC, also known as CID) Report of Investigation (ROI) XXXX-XX-CIDXXX-146604. A memorandum from the Director, Crime Records Center, USACIDC, dated 18 July 2012, subject: Request for Amendment of Record (Applicant), stated that after carefully considering the request and the evidence available, action officers agree correction should be made to the applicant's ROI. ...
ARMY | BCMR | CY2012 | 20120019172
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests an upgrade of his general discharge to honorable and removal of a bar to reenlistment from his military records. On 25 January 1994, he was notified of his pending separation for misconduct (patterns of misconduct) under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 14-12b.
ARMY | BCMR | CY2012 | 20120019176
The applicant requests that U.S. Army Reserve Personnel Command (AR-PERSCOM) Orders D-04-316476, dated 24 April 2003, be revoked and that he be transferred to the Retired Reserve. The evidence of records suggests that the applicant was qualified for transfer to the Retired Reserve in lieu of discharge on 24 April 2003. It would now be equitable and just to correct his military records by voiding his 24 April 2003 discharge from the USAR and assigning him to the Retired Reserve effective 24...
ARMY | BCMR | CY2012 | 20120019177
Title 37, USC, section 308j (OAB for officers in the Selected Reserve) states the Secretary concerned may pay an accession bonus under this section to an eligible person who enters into an agreement with the Secretary (A) to accept an appointment as an officer in the armed forces; and (B) to serve in the Selected Reserve of the Ready Reserve in a skill designated under paragraph (2) for a period specified in the agreement. A person entitled to a bonus under this section who is called or...
ARMY | BCMR | CY2012 | 20120019207
The applicant requests restoration of his rank/grade to SFC/E-7, the highest rank/grade in which he satisfactorily served in the MOARNG. However, the evidence of record shows the applicant was promoted to SSG/E-6 on 17 April 1973 and served in that rank/pay grade until 4 July 1979. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending his retirement orders (Orders P10-928529, dated 19 October 2010) to show he was...
ARMY | BCMR | CY2012 | 20120019212
The applicant states, in effect: * his current DD Form 214 shows an incorrect entry date of 1982 when he actually enlisted on 6 May 1979 thus decreasing his service time by three years * he served a total of 6 years, 3 months, and 19 days * the error was not discovered until he attempted to buy his military service time back for retirement purposes * he never received any medals for his service in Korea 3. The applicant provides: * DD Form 214 * DA Form 2-1 (Personnel Qualification...
ARMY | BCMR | CY2012 | 20120019216
Orders 97-1, dated 22 October 1990, issued by Headquarters, 91st Infantry Division (Training), show the applicant requested transfer to the USAR Control Group (Reinforcement) effective 6 June 1990. There is no evidence in the applicant's military service records that show he held his rank as 1SG in an unsatisfactory manner. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Orders P-08-304543, dated 11 August 1997,...
ARMY | BCMR | CY2012 | 20120019225
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 his social security number (SSN) as "XXX-XX-XX99" instead of "XXX-XX-X35." The applicant's SSN appears as "XXX-XX-XX99" on his DD Form 398 that was completed upon his induction and on his DA Form 20 that was last audited by the applicant prior to his release from active duty.
ARMY | BCMR | CY2012 | 20120019229
Application for correction of military records (with supporting documents provided, if any). He has over 700 hours of flight time in a UH-1 helicopter. He provided numerous documents from the VA which show he was awarded a service-connected disability rating of 100% for PTSD.
ARMY | BCMR | CY2012 | 20120019232
c. On 20 July 1977, the Army Discharge Review Board (ADRB) upgraded the applicant's undesirable discharge to a general discharge. There are now two medical reports establishing that the applicant was suffering from psychological problems at the time he was AWOL. His records contain and counsel provides a copy of a letter, dated 16 August 1977, which shows he was notified that after reviewing the findings and conclusion of the ADRB, the Secretary of the Army directed notification that his...
ARMY | BCMR | CY2012 | 20120019233
The applicant requests transfer of his Post-9/11 GI Bill education benefits to his son. The applicant states he should be allowed to transfer his education benefits to his son due to the lack of or misinformation of the Post-9/11 GI Bill. 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.
ARMY | BCMR | CY2012 | 20120019235
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show a second award of the Purple Heart. The applicant's complete military records are not available to the Board for review. There is insufficient evidence to support a second award as there is no record of the injury or its treatment.
ARMY | BCMR | CY2012 | 20120019236
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. The conviction and discharge were effected in accordance with applicable laws and regulations and the discharge appropriately characterizes the misconduct for which he was convicted.
ARMY | BCMR | CY2012 | 20120019238
On 4 June 2012, the Chief, Enlisted Promotions, Promotions Branch, HRC, advised the applicant of the administrative removal of his name from the Fiscal Year 2011 SFC Promotion List due to his declination of promotion in accordance with Army Regulation 600-8-19, paragraph 4-15a(2)(i). The evidence of record shows he was selected for promotion to SFC with an effective date and date of rank of 1 December 2011 and incurred a two-year service remaining requirement. On 1 May 2012, he declined...
ARMY | BCMR | CY2012 | 20120019240
The applicant requests, in effect, cancellation of the recoupment of her extension bonus. The applicant states the National Guard Bureau (NGB) denied her request for exception to policy for repayment of her extension bonus. Evidence of record shows the applicant initially enlisted in the INARNG on 28 March 2002.
ARMY | BCMR | CY2012 | 20120019248
Her back problem causes her pain in her feet, legs, and hip, and has had to miss work because of it. However, notwithstanding the contention of the applicant, the signature of the FSM's spouse on the FSM's DA Form 4240 and the signature of the informant on his certificate of death appear to be made by the same person. Regardless, the evidence of record confirms the FSM completed a DA Form 4240 on 4 February 1986 and declined SBP coverage.
ARMY | BCMR | CY2012 | 20120019253
Therefore, he should be awarded the first award of the Army Good Conduct Medal based on completion of qualifying service from 3 January 1968 to 14 December 1969 and this award should be added to his DD Form 214. Accordingly, he is not entitled to correction of his record to show award of the BSM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Form 214 the Vietnam Service Medal; b. awarding him...
ARMY | BCMR | CY2012 | 20120019264
The notes indicated she was previously diagnosed with Personality Disorder during care at the VA. c. There is insufficient information available from her time in service to determine the support for a diagnosis of Borderline Personality Disorder. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of a physical disability. The Army must find...
ARMY | BCMR | CY2012 | 20120019270
Although there were several diagnoses noted throughout the treatment record, the diagnoses in the MEB and PEB were not changed during the MEB and PEB process. All panel members agreed the preponderance of evidence of the record reflected minimal symptoms and good duty performance (as related to mental functioning) in the period of time leading into the MEB, and therefore concluded the mental condition was not unfitting at the time of separation and not subject to disability rating. The...
ARMY | BCMR | CY2012 | 20120019276
The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 31 August 2012, be corrected to show in block 12a the correct date he entered active duty. The applicant states his DD Form 214 reflects the date he enlisted in the U.S. Army Reserve (USAR) instead of the date he entered active duty in the Regular Army. The applicant enlisted in the USAR on 10 January 1991 and he enlisted in the Regular Army on 4 February 1993 and served on...
ARMY | BCMR | CY2012 | 20120019281
f. An informal PEB found the applicant unfit for the only condition that did not meet medical retention standards and recommended that he be separated from the military with severance pay. The PDBR SRP conducted a comprehensive review of the applicant's records for evidence of inappropriate changes in the diagnosis of his mental health condition during processing through the military disability system. c. The SRP discussed The Surgeon General memorandum dated 16 April 2013 requesting that...
ARMY | BCMR | CY2012 | 20120019283
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 the last two digits of his social security number (SSN) as "95" versus "59." All other documents in his record contain a service number.
ARMY | BCMR | CY2012 | 20120019284
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. Records show the applicant had completed a total of 6 years, 2 months, and 9 days of creditable active service at the time of separation with no lost time. At the time of the applicant's separation, an honorable or general discharge was...
ARMY | BCMR | CY2012 | 20120019286
The applicant requests correction of her military records by removing her nonjudicial punishment (NJP) and the record of her being absent without leave (AWOL). The commander also stated the applicant had received 3 company grade NJPs and a summarized NJP. It states that the decision to file the NJP on the performance or restricted portion of the AMHRR will be determined by the imposing commander at the time punishment is imposed.
ARMY | BCMR | CY2012 | 20120019287
In connection with his induction into the Army of the United States, the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his SSN as "XX3-XX-XXXX." His DD Form 47 (Record of Induction) listed his SSN as "XX3-XX-XXXX." ____________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 | CY2012 | 20120019288
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the Bronze Star Medal and all awards to which he may be entitled to as a result of his service in Iraq. This service also entitles him to correction of his DD Form 214 to add the entry "SERVICE IN KUWAIT FROM 20030331-20030810" to item 18. c. If he is able to provide evidence showing he served in Iraq he can reapply to the ABCMR to request the Global War on Terrorism...
ARMY | BCMR | CY2012 | 20120019290
There is no evidence the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. As such, the general discharge issued to the applicant at the time of separation is inconsistent with the standards for discharge for unsuitability character and behavior disorder (now known as personality disorder) which subsequently became effective. As a result, the Board recommends that all Department of the Army records...
ARMY | BCMR | CY2012 | 20120019293
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * his rank/grade as specialist (SPC)/E-4 * his last duty assignment and major command as the 411th Medical Company * the station where he separated as Savannah, GA * his character of service as honorable 2. His DD Form 214 shows he was released from active duty for training on 26 May 1989 by reason of completion of required active service with uncharacterized service. The...
ARMY | BCMR | CY2012 | 20120019294
He authenticated some of these documents when it was appropriate by placing his signature in the appropriate block: * enlistment orders * promotion orders * military occupational specialty orders * DA Form 41 (Record of Emergency Data) * separation orders * Army Commendation Medal orders 6. The evidence of record shows that upon his induction in the AUS and entry on active duty, the applicant listed his SSN as "XXX-XX-6698." Although he was issued orders in June 1973 discharging him from...
ARMY | BCMR | CY2012 | 20120019298
The applicant requests an upgrade of his bad conduct discharge to a general discharge. 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. c. Paragraph 3-7b states that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2012 | 20120019299
On 11 March 1986, the separation authority approved the applicant's request for discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10, with a discharge under other than honorable conditions and reduction to the lowest enlisted grade. On 26 March 1986, the applicant was discharged accordingly. The applicant's record shows he was charged with the commission of offense punishable under the UCMJ with a punitive discharge.
ARMY | BCMR | CY2012 | 20120019300
The applicant requests award of the Purple Heart and correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show this award. The applicant's complete military records are not available for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Purple Heart for wounds received in action on 19 December 1944 * adding to his WD AGO Form 53-55 the Purple...
ARMY | BCMR | CY2012 | 20120019304
He goes on to state he was granted 5 years of constructive credit for his qualifying degree of Doctor of Pharmacy but he should have been awarded an additional 2 years for his degree. The advisory official opined that the applicant is not eligible for additional constructive service credit for his Doctor of Pharmacy Degree or his two Masters degrees. After reviewing all of the evidence and argument in this case, it does not appear on the surface that the applicant's master's degrees...
ARMY | BCMR | CY2012 | 20120019310
The applicant requests correction of the records of her deceased former spouse, a former service member (FSM), to show she is the beneficiary of his Survivor Benefit Plan (SBP) annuity. On 11 May 2011, the FSM and applicant were divorced. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing the FSM made a voluntary change in election from spouse to former spouse on 1 June 2011 (the first day of the month following...
ARMY | BCMR | CY2012 | 20120019315
The applicant requests upgrade of his under other than honorable conditions (UOTHC) discharge to a general discharge. The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) * letters of support from a pastor, his employer, and a senior project manager * State of Florida Notary Public commission CONSIDERATION OF EVIDENCE: 1. The available evidence does not support the applicant's request that his UOTHC discharge be upgraded to a general discharge.
ARMY | BCMR | CY2012 | 20120019318
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action. In the absence of evidence that shows he was wounded or injured as a result of hostile action, there is an insufficient basis upon which to award of the Purple Heart in this case.
ARMY | BCMR | CY2012 | 20120019319
Consequently, he did not file for SBP for his former spouse until June 2012, which was beyond the deemed election period for SBP coverage. The applicant provided a DD Form 2656-6, dated 16 June 2012, which shows he indicated he wished to change his SBP election from spouse to former spouse due to divorce. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant changed his SBP election from "spouse" to...
ARMY | BCMR | CY2012 | 20120019321
The 1 October 2012 document is new evidence that warrants consideration by the Board. Officials further notified him that his PED would be the date he made major plus 7 years unless he could provide documentation verifying assignment to an LTC or higher position for the period 8 December 2006 to 1 January 2007. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), provides, in pertinent part, that a unit officer will have a promotion...
ARMY | BCMR | CY2012 | 20120019322
The applicant requests, in effect, upgrade of his undesirable discharge to an honorable discharge. This case is being considered using reconstructed records that primarily consist of the applicant's WD AGO Form 53-59 and documents pertaining to the review of his discharge that were conducted by the Army Discharge Review Board (ADRB) on 7 December 1950 and again on 15 November 1962. Army Regulation 635-200 (Personnel Separations Active Duty Enlisted Administrative Separations), currently...
ARMY | BCMR | CY2012 | 20120019323
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 12 August 1987, he consulted with legal counsel and voluntarily requested discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 10, and he didn't submit statements in his own behalf. On 30 January 1997, the Army Discharge Review Board denied the applicant's request for a change in the character and/or reason of his discharge.
ARMY | BCMR | CY2012 | 20120019330
The applicant requests correction of his records to show his correct date of birth (DOB). The applicant's military service records are not available to the Board for review. The applicant's DD Form 214 shows the DOB that he claimed at the time he entered active duty.
ARMY | BCMR | CY2012 | 20120019355
The applicant has not provided and the available records do not contain his medical and physical evaluation board proceedings. While the applicant contends that he should have been medically retired by reason of permanent physical disability due to PTSD, there appears to be no evidence to show this condition was such as to render him unfit for service at the time. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of...
ARMY | BCMR | CY2012 | 20120019360
The applicant states, in effect, that she completed and signed a DD Form 2656 (Data for Payment of Retired Personnel), dated 19 August 2011, electing not to participate in the SBP. The evidence shows that at the time the applicant submitted her DD Form 2656 she elected not to participate in the SBP; however, her spouse did not sign the form concurring with her election until after she had retired. Therefore, since she has failed to show that she was misinformed of her options under the SBP...
ARMY | BCMR | CY2012 | 20120019364
The applicant's military records are not available to the Board for review. Although he provided a statement from the SSA, dated 9 October 2012, that stated he was assigned the SSN of "X38-XX-778X," there is no evidence that shows he used this SSN during his military service. _______ _ _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 | CY2012 | 20120019372
The applicant requests an upgrade of his under other than honorable conditions discharge to a general discharge or an honorable discharge. He pleaded not guilty to all specifications and charges and was found guilty of: * Charge I, Specifications 1 and 2 * Charge II, Specification 2 * Charge IV c. He was sentenced to be confined at hard labor for 6 months. On 15 January 1971, the separation authority approved his discharge under the provisions of Army Regulation 635-200, chapter 10, and...
ARMY | BCMR | CY2012 | 20120019381
General orders awarded the applicant the AM, and the RVN Gallantry Cross with Palm Unit Citation to the units (but covering the same period of time) to which he was assigned in the RVN; therefore, he is entitled to correction of his DD Form 214 to show these awards. The evidence of record shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and had no convictions by a court-martial. As a result, the Board recommends that...
ARMY | BCMR | CY2012 | 20120019382
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 October 1981 to show the Bronze Star Medal (BSM) (3rd Award), Meritorious Service Medal (MSM), and National Defense Service Medal (NDSM). Service medals and awards are not issued by the ABCMR. This pamphlet shows the 23rd Administration Company was cited for award of the Meritorious Unit Commendation (MUC) for the period 1 January 1968 through 31 August 1969,...