ARMY | BCMR | CY2012 | 20120021352
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Having been so advised, he voluntarily submitted a request for 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. The applicant acknowledged: a. he was making the request of his own free will and he had not been subjected to any coercion whatsoever by any person; b. he had been advised of the implications that...
ARMY | BCMR | CY2012 | 20120021357
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the: * Meritorious Unit Commendation * Valorous Unit Award * Iraq Campaign Medal 2. The applicant's request to correct his DD Form 214 to show award of the Meritorious Unit Commendation, Valorous Unit Award, and Iraq Campaign Medal has been carefully considered and found to have merit. The evidence of record also shows the applicant was assigned to a unit...
ARMY | BCMR | CY2012 | 20120021360
The applicant requests correction of his records by issuing him a DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his honorable service during his first enlistment and correcting his last DD Form 214 to reflect his service during his second period of service. The DD Form 214 he was issued at the time shows that he served from 19 July 1977 through 8 June 1981. The regulation in effect at the time of the applicant's discharge and which continues to this day...
ARMY | BCMR | CY2012 | 20120021361
He was evaluated by a surgeon who took x-rays of his legs and noted his shrapnel injuries. The evidence shows he was REFRAD on 15 August 2004 following his deployment to Iraq. There is no evidence of record and the applicant did not provide any evidence that shows a medical condition rendered him unable to perform his duties.
ARMY | BCMR | CY2012 | 20120021362
However, he claims he was discriminated against because another Soldier with less time in service and time in grade was promoted to SGT instead of him. On 24 July 2001, with more than 10 years of prior military service, the applicant enlisted in the North Carolina Army National Guard (NCARNG) in the rank/grade of specialist (SPC)/E-4 for a period of 1 year. In the absence of evidence to show the applicant met the criteria for selection board consideration for promotion to SGT, that he was...
ARMY | BCMR | CY2012 | 20120021366
In his request for discharge he acknowledged he understood that by requesting discharge he was admitting guilt to the charge against him or of a lesser included offense that also authorized the imposition of a discharge under other than honorable conditions. There is no evidence the applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge within its 15-year statute of limitations. His record shows he was charged with the commission of an offense...
ARMY | BCMR | CY2012 | 20120021368
On 1 April 2011, the Army Discharge Review Board denied his request for an upgrade of his discharge. Although an honorable or general discharge is authorized an under other than honorable conditions discharge was normally considered appropriate. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2012 | 20120021369
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. The policy states, in part, that those who retire on or before 1 August 2009 are, by law, not eligible to transfer unused Post-9/11 GI Bill benefits because their last day of duty will be 31 July 2009 and they will transfer to the Retired...
ARMY | BCMR | CY2012 | 20120021371
His DA Form 20 (Enlisted Qualification Record) shows in: * item 38 (Record of Assignments) service in Vietnam with the 66th MP Company, 93rd MP Battalion from 18 December 1968 through 28 January 1970 and exclusively excellent conduct and efficiency ratings * there is no record of nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, courts-martial, or reductions in rank 4. He had 2 years, 7 months, and 5 days of active duty service His DD Form 214 lists his...
ARMY | BCMR | CY2012 | 20120021372
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show in Item 6 (Effective Date of Separation) 4 December 1956 instead of 23 December 1953. The applicant states his records were destroyed in a fire and he needs his DD Form 214 corrected because he served in the Korean War. _______ _ x _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...
ARMY | BCMR | CY2012 | 20120021373
The applicant requests the removal of Officer Evaluation Reports (OERs) covering the periods 20050617 20051115, 20070416 20080331, and 20080401 20090206 from his official records. Counsel requests that the three contested OERs be removed from the applicants official records. The applicant also received a relief for cause OER ending on 15 November 2005 (first contested OER) in which he received a NO rating in Part IV Performance Evaluation Professionalism under Duty. 5.
ARMY | BCMR | CY2012 | 20120021374
The case is being considered using the WD AGO Form 53-55 provided with the application. The applicant's request for correction of his arrival and departure dates in the ETO were carefully considered. The applicant's WD AGO Form 53-55 shows he entered active duty on 6 May 1943 and completed 1 year and 10 months of CONUS service.
ARMY | BCMR | CY2012 | 20120021375
Application for correction of military records (with supporting documents provided, if any). The applicant completed a DD Form 398 (Statement of Personal History) in connection with his induction into the Army of the United States (AUS) but he did not list his SSN. His DD Form 4 (Enlistment Record - Armed Forces of the United States) lists his assigned service number; it does not list his SSN.
ARMY | BCMR | CY2012 | 20120021376
The applicant requests correction of item 17c (Date of Entry) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The applicant provides: * DD Form 214 * U.S. Army Reserve (USAR) discharge orders, dated 17 July 1974 * letter from the National Personnel Records Center, St. Louis, MO, dated 5 November 2012 CONSIDERATION OF EVIDENCE: 1. _____________X___________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of...
ARMY | BCMR | CY2012 | 20120021379
The applicant's DD Form 1966 (Record of Military Processing - Armed Forces of the United States), completed by the applicant on 12 April 2000, shows in: a. section I (Personal Data), item 2 (Name - Last, First, Middle Name), his first name as "Antone;" b. section VIII (Statement of Name for Official Military Records), item 39 (Name Change) - If the preferred enlistment name (name given in item 2) is not the same as on your birth certificate, and it has not been changed by legal procedure...
ARMY | BCMR | CY2012 | 20120021381
IN THE CASE OF: BOARD DATE: 27 June 2013 DOCKET NUMBER: AR20120021381 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Although he was promoted by the State of Texas to captain on 22 June 2012, as part of the promotion process he had to be granted Federal Recognition in the grade of captain. He was granted Federal Recognition for promotion to captain effective 17 October 2012.
ARMY | BCMR | CY2012 | 20120021386
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Item 15 (Final Approval) of a DD Form 261 (Report of Investigation LOD and Misconduct Status), dated 28 March 2012, shows the final approval authority determined the FSM was "NOT IN THE LINE OF DUTY DUE TO OWN MISCONDUCT (DEATH CASE)." She provides a memorandum, dated 22 June 2012, from the Director, Casualty and Mortuary Affairs Operations Center, U.S. Army Human Resources Command, Fort Knox, KY that states this office made an LOD...
ARMY | BCMR | CY2012 | 20120021387
Application for correction of military records (with supporting documents provided, if any). In item 12f From Enlisted Record Brief, enter the total amount of foreign service completed during the period covered in Item 12.c. 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: * Item 12f 06 Months, 06 Days * Item 13 adding "NATO Medal" and "Armed Forces Expeditionary Medal" * Item 18...
ARMY | BCMR | CY2012 | 20120021390
The applicant requests an upgrade of his undesirable discharge (UD) to a general discharge. His record contains a duly-constituted DD Form 214 that shows he was discharged on 17 June 1974 under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations Enlisted Personnel), for the good of the service with an Undesirable Discharge Certificate. There is no evidence showing he applied to the Army Discharge Review Board for an upgrade of his discharge within that board's...
ARMY | BCMR | CY2012 | 20120021398
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. 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. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
ARMY | BCMR | CY2012 | 20120021400
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 10 October 1968 to show award of the "Airman's Badge" (correctly known as the Aircraft Crew Member Badge, and now known as the Aviation Badge) and the Air Medal (First Oak Leaf Cluster). His DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service) he served in Vietnam from 10 October 1967 to 9 October 1968 * item 38 (Record of...
ARMY | BCMR | CY2012 | 20120021401
On 13 February 1974, the separation authority approved the applicant's separation under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 13 (Separation for Unfitness or Unsuitability), paragraph 13-5b(5), by reason of homosexuality and directed the applicant receive a General Discharge Certificate. Under Secretary of Defense (Personnel and Readiness) memorandum, dated 20 September 2011, Subject: Correction of Military Records Following Repeal...
ARMY | BCMR | CY2012 | 20120021403
The applicant provides: * DD Form 214 (Report of Separation from the Armed forces of the United States) * Certificate of Birth * Court Decree Changing Name, dated 10 August 1960 CONSIDERATION OF EVIDENCE: 1. His record contains a DD Form 47 (Record of Induction) that shows he was inducted under the name "W--g, V-e H---g." This form further shows an also known as (AKA) name of "F--g, B------n." 3. The instructions for completing item 1 state to enter the name as it is recorded in the...
ARMY | BCMR | CY2012 | 20120021406
The applicant, the former spouse of a former service member (FSM), requests correction of the FSM's record to change his Reserve Component Survivor Benefit Plan (RCSBP) beneficiary election from spouse to former spouse. The applicant provides a notarized statement from the FSM, dated 13 November 2012, in which he certifies: * he has not remarried since his divorce in 1994 * he always intended the applicant to be his RCSBP beneficiary as stated in their divorce decree * he would like the...
ARMY | BCMR | CY2012 | 20120021407
His DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 18 February 1975, shows his SSN as X23-XX-0216. His DD Form 4, dated 26 February 1975, shows his SSN as X23-XX-0216. The evidence of record shows the applicant listed his SSN as X23-XX-0216 upon his enlistment in the USAR and the RA.
ARMY | BCMR | CY2012 | 20120021410
By regulation, he served a qualifying period for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his records to show this award. In the absence of any derogatory information on file that would have disqualified him, it would be appropriate to award him the Army Good Conduct Medal (2nd Award) based on completion of a qualifying period of active Army service from 29 August 1993 to 28 August 1996 and correcting his DD Form 214 to show this award. As a...
ARMY | BCMR | CY2012 | 20120021411
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his middle name as "Francis" instead of "Frances." The applicant's military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973.
ARMY | BCMR | CY2012 | 20120021417
On 23 February 1989, a mental status evaluation determined the applicant's behavior was normal. On 3 April 1989, the applicant was discharged under other than honorable conditions under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 14, for commission of a serious offense. a. Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.
ARMY | BCMR | CY2012 | 20120021419
The applicant states: a. The applicant provides: * chronological outline * Officer Record Brief * Personnel Qualification Record Officers/WOs * DA Form 705 (Army Physical Fitness Test Scorecard) * Individual Medical Readiness * 2008 LAARNG appointment orders * 2009 ARARNG WO1 appointment orders * interstate transfer orders * 2009 and 2011 FREB Proceedings * DA Form 1059 (Service School Academic Evaluation Report) * Recommendation for Promotion to CW2 * 2011 NGB 62E (Application for...
ARMY | BCMR | CY2012 | 20120021420
The grade or rank in which he is serving on the date when his name is placed on the temporary disability retired list or, if his name was not carried on that list, on the date when he is retired. As required by law, the servicing military personnel office promoted him to SSG/E-6 on the date of retirement and placed him on the Retired list in the higher grade SSG/E-6. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: *...
ARMY | BCMR | CY2012 | 20120021421
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Iraq Campaign Medal (ICM) and Korea Defense Service Medal (KDSM). The evidence of record shows the applicant qualified for award of the ICM for his service in support of the GWOT in Kuwait and Iraq from 22 March through 5 August 2003. a. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2012 | 20120021442
The applicant requests correction of his military records to show his social security number (SSN) as "XXX-2X-6XXX" instead of "XXX-6X-2XXX." 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. A review of every document contained in his available military personnel and health records, many...
ARMY | BCMR | CY2012 | 20120021446
It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement or discharge. His dates of service, 29 September 1972 to 30 April 1974, fall within the dates defined in Title 38, USC, section 101 as the "Vietnam era." His dates of service are his evidence of having served during this era.
ARMY | BCMR | CY2012 | 20120021447
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. He was sentenced to confinement at hard labor for 1 year, forfeiture of all pay and allowances, and to be discharged with a bad conduct discharge. His conviction and discharge were effected in accordance with applicable laws and regulations...
ARMY | BCMR | CY2012 | 20120021453
Application for correction of military records (with supporting documents provided, if any). However, based on the evidence of record and the evidence he submitted, it would be appropriate to correct only the applicant's DD Form 214 to show his correct SSN. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 30 of his DD Form 214 the entry: "SSAN: XXX-XX-XXXX" (i.e., the number as shown on the Social Security...
ARMY | BCMR | CY2012 | 20120021454
Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists World War II units that are authorized occupation credit and, therefore, entitlement to the Army of Occupation Medal. However, the evidence of record does not show and the applicant has not provided evidence showing he received wounds as a result of hostile action that required treatment by medical personnel and that a record was made of that treatment. As a result, the Board recommends...
ARMY | BCMR | CY2012 | 20120021457
The applicant, the widow of a deceased former service member (FSM), requests correction of the FSM's record to show he elected Survivor Benefit Plan (SBP) coverage and designated her as the annuitant of the SBP. On 15 May 1999, the FSM married the applicant. There are no documents in the available record, or provided by the applicant, that shows the FSM ever made an election to participate in the SBP within 1 year of his remarriage or during an Open Season enrollment period.
ARMY | BCMR | CY2012 | 20120021461
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her last name as "Boxx." All documents in her service record between May 2008 and July 2009 (her separation date) show her last name as "Hyppoxxxx." All records that were created between May 2008 and July 2009 show her last name as "Hyppoxxxx."
ARMY | BCMR | CY2012 | 20120021462
The corrected copy of the orders in his record shows, effective 31 January 1998, the applicant was retired from active service and released from assignment and duty. * before a promotion could be secured, he was retired on 31 January 1998 because he had attained 20 years of active Federal service as a commissioned officer * at the time of his retirement, he had 7 and 1/2 months remaining on his Certificate of Eligibility * he was unaware of any recourse until he read Title 10, U.S. Code,...
ARMY | BCMR | CY2012 | 20120021463
Application for correction of military records (with supporting documents provided, if any). Treasury Department, Bureau of War Risk Insurance, Division of Military and Naval Insurance Forms 1B and 2A, each dated 1 April 1918, which show the FSM enlisted or entered into active service on 29 March 1918. c. a War Department Form 371 which shows the FSM was discharged on 31 May 1919 and that he was entitled to receive travel allowances and foreign service pay until he arrived in the United...
ARMY | BCMR | CY2012 | 20120021464
His DD Form 4 (Enlistment Document) for this enlistment shows his DOB as XXXXX. A Standard Form 88 (Report of Medical Examination), dated 4 March 1982; Department of Defense - Defense Investigative Service (DIS) Form 1; and DA Form 2A (Personnel Qualification Record) contained in his records show his DOB as XXXXX. 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 for the period ending 27 October...
ARMY | BCMR | CY2012 | 20120021468
He completed 2 years, 1 month, and 28 days of active service that was characterized as under honorable conditions. He was discharged 29 days later on 31 March 1971. Although he has provided four documents that identify him as a sergeant there is no evidence in his military personnel records that he was ever promoted above the rank of private/pay grade E-2.
ARMY | BCMR | CY2012 | 20120021469
The applicant requests upgrade of his under other than honorable conditions discharge to an honorable discharge. The applicant's DD Form 214 shows that on 30 July 1984 he was discharged under other than honorable conditions under the authority of Army Regulation 635-200, paragraph 14-12c, by reason of misconduct commission of a serious offense. ABCMR Record of Proceedings (cont) AR20120021469 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of...
ARMY | BCMR | CY2012 | 20120021472
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. Despite presenting numerous good character statements and having a pristine military record with no prior disciplinary actions, the military judge sentenced the applicant to the unconscionably harsh and inequitable sentence of a dismissal and 9 months confinement. The indecent assault charge is another area where it is evident the government did not believe they had a very good case.
ARMY | BCMR | CY2012 | 20120021473
The applicant states he was awarded the Purple Heart for wounds he received in Vietnam in 1968, along with the Bronze Star Medal with "V" Device, which is listed on his DD Form 214. 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. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2012 | 20120021478
c. A service member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial under the provisions of chapter 10 at any time after the charges have been preferred. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or...
ARMY | BCMR | CY2012 | 20120021479
The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows he was discharged as a result of court-martial under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Separations), paragraph 3-10, with a dishonorable characterization of service. His conviction, confinement, and discharge were effected in accordance with applicable laws and regulations and his discharge appropriately characterized the misconduct for which he was convicted....
ARMY | BCMR | CY2012 | 20120021499
The applicant acknowledged: a. he was making the request of his own free will and he had not been subjected to any coercion whatsoever by any person; b. he had been advised of the implications that were attached to his request and that by submitting his request he also acknowledged he was guilty of the charges against him or of a lesser-included offense that also provided for the imposition of a bad conduct or a dishonorable discharge; c. he did not desire further rehabilitation or desire to...
ARMY | BCMR | CY2012 | 20120021501
The document states: * Question: Are Reserve or Active Component Soldiers on active duty primarily for training authorized to be awarded the GWOTSM? Evidence shows the applicant was ordered to active duty for AIT on 11 August 2009 and he was REFRAD on 18 December 2009. Since Soldiers serving on active duty primarily for training in AIT or any training not in direct support of the GWOT operations are not authorized award of the GWOTSM, there is no basis for granting his request for the GWOTSM.
ARMY | BCMR | CY2012 | 20120021502
He graduated from the U.S. Army Warrant Officer Candidate School on 3 August 2010 and he was appointed as a Reserve WO and granted Federal recognition in the SCARNG on 3 August 2010. His OAB addendum also stated that his OAB would accrue beginning on the date the OAB addendum was accepted by the Secretary of the Army, the total amount of the bonus payable under the agreement becomes fixed upon acceptance of this written agreement by the Secretary of the Army, and he was being accessed into...