ARMY | BCMR | CY2012 | 20120022344
The applicant states that he should be advanced on the retired list effective 16 May 2007, the date shown in item 6 (Reserve Obligation Termination Date) of his 31 May 1994 DD Form 214 (Certificate of Release or Discharge from Active Duty). In his 22 August 2007 letter to ARBA he requested to be advanced on the retired list to the highest grade he satisfactorily held while on active duty as he had a total of 30 years of active service and time on the retired list. It states, in pertinent...
ARMY | BCMR | CY2012 | 20120022346
On 19 October 2011, the applicant's immediate commander notified him that he was initiating action to separate him from the service under the provisions of paragraph 14-12(c) of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) for misconduct illegal drug use, with an under other than honorable conditions discharge. After a careful consideration, he determined the applicant's medical condition was not the direct or substantial contributing cause of the conduct that...
ARMY | BCMR | CY2012 | 20120022347
Application for correction of military records (with supporting documents provided, if any). The PEB stated that the applicant's PTSD was a result of a mortar attack in Iraq. Qualified military retirees must be an active duty or Reserve retiree with 20 or more years of creditable service or a Title 10 USC Chapter 61 medically retiree, be receiving military retired pay, have a 10 percent or greater VA rating for a combat related injury, and have their military retired pay reduced by receipt...
ARMY | BCMR | CY2012 | 20120022348
The applicant requests, in effect, correction of his records to show he was placed on the Retired List in the rank/grade of sergeant (SGT)/E-5 vice specialist (SPC)/E-4. Orders C-10-691676, dated 4 October 2006, issued by the U.S. Army Resources Command (HRC) released him from active duty effective 31 January 2007 and placed him on the Retired List on 1 February 2007 in the rank/grade of SPC/E-4, in accordance with Title 10, U.S. Code, section 3914. This section applies to a Reserve...
ARMY | BCMR | CY2012 | 20120022350
However, the date she signed was after the date of her spouse's signature on the Spouse SBP Election Concurrence Statement. By law, her spouse was required to authenticate this form on or after the date she made this election but prior to the date of her retirement. Therefore, in the interest of equity, the applicant's records should be corrected to show she elected not to participate in the SBP with her spouse's concurrence and reimbursing her for any excess SBP premiums paid.
ARMY | BCMR | CY2012 | 20120022351
He states he was selected for promotion to LTC in June 2012 and he was released from active duty (REFRAD) on 1 August 2012. Although the applicant was selected for promotion prior to his REFRAD from the AGR Program, the board was not approved until after his REFRAD, resulting in the applicant being a promotable LTC on the RASL. Evidence of record shows that on 30 January 2012 the applicant was notified by memorandum that the Secretary of the Army approved the SELCON Board recommendation...
ARMY | BCMR | CY2012 | 20120022354
Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), paragraph 2-5d, specifies "Warrant officers serving in a grade below chief warrant officer four (CW4), in an active Reserve status, may be selected for promotion provided they meet the minimum promotion time in grade (TIG) and military education requirements in Table 2-3 (Warrant Officer TIG and Military Education Requirements) not later than the date the selection board convenes." ...
ARMY | BCMR | CY2012 | 20120022355
Eligible individuals include a member of the Armed Forces on or after 1 August 2009 who, at the time of the approval of their request to transfer entitlement to educational assistance under this section, is eligible for the Post-9/11 GI Bill, and is or becomes retirement eligible during the period 1 August 2009 through 1 August 2013 and agrees to serve any specified additional period of service. A service member is considered to be retirement eligible if he or she has completed 20 years of...
ARMY | BCMR | CY2012 | 20120022356
The applicant requests: a. correction of item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his period of honorable service from 19960213 to 20010808; and b. issuance of a new DD Form 214 vice a DD Form 215 (Correction to DD Form 214). As a result, his DD Form 214 should be corrected to show his period of honorable active service during the period from 13 March 1996 through 1 May 2000. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2012 | 20120022357
On 3 May 2010, the applicant's commander submitted a request to the commanding general requiring the applicant to show cause for retention on active duty under the provisions of Army Regulation 600-8-24 (Officer Transfers and Discharges) due to substandard duty performance, moral and professional dereliction, misconduct, and conduct unbecoming an officer and gentleman. In fact, his DD Form 2697 (Report of Medical Assessment) dated 11 March 2011 and completed in conjunction with his...
ARMY | BCMR | CY2012 | 20120022360
A medical record, dated 25 March 1981, states if a pneumothorax recurs he should be medically discharged from the military at that time. The applicant provides service medical records. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation for physical fitness of Soldiers who may be unfit to perform their military duties because of a physical disability.
ARMY | BCMR | CY2012 | 20120022367
The applicant requests upgrade of his discharge under other than honorable conditions. On 11 December 1981, the separation authority approved the applicant's voluntary request for discharge and directed the issuance of an under other than honorable conditions discharge. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.
ARMY | BCMR | CY2012 | 20120022373
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the: * Meritorious Service Medal (MSM) * Global War on Terrorism Expeditionary Medal (GWOTEM) in lieu of the Overseas Service Ribbon (OSR) 2. Army Regulation 600-8-22 (Military Awards) states: a. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting from item 12f of his DD Form 214 the entry...
ARMY | BCMR | CY2012 | 20120022374
Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against and enemy or as a result of hostile action. Therefore, in the absence of documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, there is an insufficient evidentiary basis for awarding him the Purple Heart. _______ _ X _______ ___ CHAIRPERSON I certify that herein is recorded the true and...
ARMY | BCMR | CY2012 | 20120022385
c. He was accused of being absent without authority and not at his prescribed place of duty. The applicant provides: * DD Form 458 (front page only) * POV Inspection Checklist * DA Form 3975 (Military Police Report) * DA Form 3822-R (Report of Mental Status Evaluation) CONSIDERATION OF EVIDENCE: 1. Charges are recorded on the DD Form 458.
ARMY | BCMR | CY2012 | 20120022388
By signing the DA Form 597-3, he agreed that: a. he would incur an active duty and/or reimbursement obligation after the first day of his Military Science (MS) II year (sophomore year); b. once he became obligated, if he were to be disenrolled from the ROTC Program for breach of contractual terms or any other disenrollment criteria established then or in the future by Army regulations (including, but not limited to, Army Regulation 145-1 (Senior ROTC Program: Organization, Administration,...
ARMY | BCMR | CY2012 | 20120022397
On 24 June 1987, the applicant's immediate commander notified her of his intent to initiate separation action against her under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 11 (Entry Level Status Performance and Conduct (Trainee Discharge Program)), by reason of lack of motivation and discipline necessary to be a productive Soldier. On 19 August 1987, the separation authority approved the applicant's discharge from the Army in accordance...
ARMY | BCMR | CY2012 | 20120022401
The DFAS official stated that the applicant requested correction to pay entitlement from 16 August 1982 to 30 April 1994 because he completed over 4 years of previous active enlisted service prior to becoming a commissioned officer. His record should be corrected to show, as of 16 August 1982, he was entitled to pay at the rate of O-1E for over 4 years of enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2012 | 20120022407
The KDSM is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The evidence of record supports the applicant's request for correction of his record to show the KDSM and AGCM (1st 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 AGCM (1st Award) based on completion of a qualifying period of...
ARMY | BCMR | CY2012 | 20120022410
His DD Form 214 shows in: * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the: * Army Commendation Medal (5th Award) * Army Achievement Medal (7th Award) * Army Good Conduct Medal (6th Award) * National Defense Service Medal (2nd Award) * Southwest Asia Service Medal with two bronze service stars * Noncommissioned Officer's Professional Service Ribbon with Numeral 2 * Army Service Ribbon * Overseas Service Ribbon (4th Award) * Kuwait Liberation...
ARMY | BCMR | CY2012 | 20120022411
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 applicant contends he was wounded in action while serving in Vietnam. ___________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 | 20120022412
The applicant requests an upgrade of his under other than honorable conditions discharge to a general, under honorable conditions discharge. On 17 January 1980, the separation authority approved his discharge under the provisions of Army Regulation 635-200, chapter 10, and directed he receive an Under Other than Honorable Conditions Discharge Certificate. Discharges under the provisions of Army Regulation 635-200, chapter 10, are voluntary requests for discharge in lieu of trial by court-martial.
ARMY | BCMR | CY2012 | 20120022418
He also advised the applicant that he was going to recommend his separation from the from the service under the provisions of Army Regulation 635-200 (Personnel Separations Active Duty Enlisted Administrative Separations), chapter 9, due to alcohol rehabilitation failure. It states that the SPD code JPD is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 9, by reason of alcohol rehabilitation failure. However, there is no...
ARMY | BCMR | CY2012 | 20120022419
Application for correction of military records (with supporting documents provided, if any). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from his DD Form 214 the current SSN entry and replacing it with the SSN as listed on his Social Security card. _______ _ X ______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military...
ARMY | BCMR | CY2012 | 20120022421
The applicant requests removal of the following documents from her Official Military Personnel File, currently the Army Military Human Resource Record (AMHRR): a. DA Form 4856 (General Counseling Form), dated 17 July 2006, which consists of two pages; and b. This is the only negative counseling that she received in 9 years of dedicated service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing the DA Form 4856,...
ARMY | BCMR | CY2012 | 20120022423
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant states he was given a general discharge under honorable conditions, but he has been unable to get jobs with law enforcement due to the type of his discharge. Accordingly, there does not appear to be any basis to grant his request for an upgrade of his discharge.
ARMY | BCMR | CY2012 | 20120022426
The applicant requests that his officially recorded home of record (HOR) be changed. His DD Form 214 issued at the time of REFRAD reflects the HOR recorded at the time of his enlistment. There is no authority to change a HOR as officially recorded at time of entry into the military service.
ARMY | BCMR | CY2012 | 20120022429
He provides and his records contain a DA Form 1059, dated 9 November 2010, that shows he attended the Marine Deck Officer WOBC Number 002-10 from 9 April 2010 to 10 November 2010 and "Achieved Course Standards." The applicant knew he failed course standards as evidenced by his acknowledgement of the counseling on 22 November 2011, the resignation request he submitted, the IG finding, and his subsequent request for enlistment. The applicant enlisted on 2 April 2011 and served in an enlisted...
ARMY | BCMR | CY2012 | 20120022430
The applicant provides: a. The applicant contends the name recorded in his military service record should be corrected because it does not correspond with his name as recorded on his birth certificate, Social Security card, and other official records. The applicant's military service record clearly shows his preferred name (i.e., with the middle initial "F") and he signed several documents during his military service with his signature that included the middle initial "F." In addition, the...
ARMY | BCMR | CY2012 | 20120022432
The examiner stated: a. However, at the time of the applicant's separation, the regulation provided for the issuance of an undesirable discharge. Army Regulation 635-200, in effect at the time, provided for a general discharge under honorable conditions for an individual whose military record was not sufficiently meritorious to warrant an honorable discharge.
ARMY | BCMR | CY2012 | 20120022434
The applicant provided a Certificate of Death showing the FSM died on 20 December 2009 and was married to her at the time. A DFAS, Retired and Annuity Pay, letter dated 31 January 2013 addressed to the FSM's former spouse, stated that with regard to her recent correspondence to DFAS regarding the retired pay account of the FSM and SBP coverage, the following was provided: (1) Former spouse SBP coverage is not automatically granted based on being awarded in a divorce decree; a formal request...
ARMY | BCMR | CY2012 | 20120022435
On 22 August 2012, the OGC requested through the Fort Belvoir RSO to the USAPDA an extension of his mobilization orders from 29 October 2012 until 25 February 2013 for the purpose of concluding his duties with the OGC, to take 20 days of PTDY, 86 days of accrued leave and additional days to demobilize from OGC not later than 2 November 2012. c. On 4 September 2012, he contacted the Fort Belvoir RSO to ascertain the status of his request to extend his mobilization orders and was told his...
ARMY | BCMR | CY2012 | 20120022436
The applicant's military records are not available to the Board for review. The evidence further shows the rank of SSG was not included in the Army rank structure at the time of the applicant's discharge in 1952. 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 | 20120022437
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 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. In the absence of evidence to the contrary, it must be presumed that the SSN shown on his DD Form 214 is the SSN he served under.
ARMY | BCMR | CY2012 | 20120022438
The applicant requests payment of the second $5,000.00 installment of his officer accession bonus (OAB). NGB denied the applicant's request to receive his OAB because the service representative and a witnessing officer failed to sign the addendum and advised the applicant to apply to this Board. As a result, the Board recommends that all State Army National Guard and Department of the Army records of the individual concerned be corrected by: a. showing all parties concerned properly...
ARMY | BCMR | CY2012 | 20120022440
The applicant requests correction of his records to show his gender as male. The applicant states his records "have me down as female and a male," the wrong sex is shown on his DD Form 214 (Report of Separation from Active Duty), and another DD Form 214 is mixed up with his. Item 54 (Sex and Code) of his DA Form 2 (Personnel Qualification Record Part I) prepared on 31 July 1983 shows his gender as male.
ARMY | BCMR | CY2012 | 20120022441
The applicant states he has orders showing he was promoted to the rank/grade PFC/E-3. Additionally, he provided promotion orders showing he was promoted to PFC. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from his DD Form 214: * the rank/grade PV2/E-2 and replacing it with the rank/grade PFC/E-3 * the DOR 27 September 1972 and replacing it with the DOR 31 August 1973 _______ _ X ______ ___ CHAIRPERSON I...
ARMY | BCMR | CY2012 | 20120022442
The applicant requests correction of two DD Forms 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Good Conduct Medal (AGCM) (2nd Award), Overseas Service Ribbon (OSR), Korea Defense Service Medal (KDSM), and U.S. Army Recruiter Badge. The applicant contends that his two DD Forms 214 should be corrected to show award of the KDSM, OSR, U.S. Army Recruiter Badge, and AGCM (2nd Award). Therefore, in view of all of the foregoing, there is insufficient...
ARMY | BCMR | CY2012 | 20120022444
Application for correction of military records (with supporting documents provided, if any). The record contains no evidence that the applicant was assigned to Phu Loi Patrol, served as an infantryman, or awarded an infantry MOS. The exigencies of combat may require non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers are taught, but it is not a basis for the award of the Combat Infantryman Badge.
ARMY | BCMR | CY2012 | 20120022451
The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) * DD Form 1966 (Record of Military Processing Armed Forces of the United States) * DA Form 3286-59 (Statement for Enlistment U.S. Army Enlistment Option U.S. Army Delayed Entry Program (DEP)) * DA Form 3286-60 (Statement for Enlistment U.S. Army Enlistment Options) * DA Form 3286-61 (Statement of Understanding...
ARMY | BCMR | CY2012 | 20120022453
Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110014555, on 12 January 2012. It also states in order to award the Purple Heart there must be evidence of the wound for which the award is being made was received as a result of enemy action, the wound required treatment by medical personnel, and a record of the medical treatment...
ARMY | BCMR | CY2012 | 20120022462
Overall, several errors were committed in relation to her pay in December 1998 and then her retirement formula, computation of her retired pay, the length of time she was placed on the TDRL, and the more recent debt that occurred as a result of an audit of her pay records by DFAS. The applicant provides: * Self-authored breakdown of each LES * Listing of what appears to be her credit report * Divorce decree * Audit Request Form * Letter, dated 3 August 2009, from DFAS * Letter, dated 22...
ARMY | BCMR | CY2012 | 20120022463
"Service-connected disabilities" is not an Army reason for separation. His separation code and narrative reason for separation were assigned based on the discharge separation authority of Army Regulation 635-200, paragraph 14-12b. As a result, the Board recommends denial of so much of the application that pertains to: * correcting his DD Form 214 to show the narrative reason for his separation as "service-connected disability" instead of "misconduct - pattern of misconduct" * restoration...
ARMY | BCMR | CY2012 | 20120022465
On 19 February 2004, the applicant's immediate commander notified the applicant of his intent to initiate separation action against him because of a personality disorder under the provisions of Army Regulation 635-200, paragraph 5-13. He provides a letter from a licensed social worker at a civilian clinical care consulting office, dated 27 June 2012, who states: * he began working with the applicant in 2009 * the applicant sought treatment for insomnia, compulsivity, and lack of...
ARMY | BCMR | CY2012 | 20120022466
Counsel requests the Article 15 be removed from the applicant's AMHRR. It states that applications for removal of an Article 15 from the AMHRR based on an error or injustice will be made to the Army Board for Correction of Military Records (ABCMR). The imposing commander directed filing the Article 15 in the performance section of his AMHRR.
ARMY | BCMR | CY2012 | 20120022468
The applicant's record contains a Standard Form 88 (Report of Medical Examination), dated 28 July 1975, which shows he was qualified for enlistment. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army Physical Disability Evaluation System (PDES) and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his office,...
ARMY | BCMR | CY2012 | 20120022471
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Meritorious Service Medal (MSM) (1st Oak Leaf Cluster), Army Commendation Medal (ARCOM), and the Republic of Vietnam Armed Forces Honor Medal (2nd Class). The applicant provides the following in support of his request: * DA Form 4980-12 (MSM Certificate), dated 21 October 1983 * Permanent Order 176-29, issued by Headquarters, 2nd Armored Division, Fort Hood, TX, dated 26...
ARMY | BCMR | CY2012 | 20120022473
BOARD DATE: 2 July 2013 DOCKET NUMBER: AR20120022473 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant provides a letter to the installation Retirement Services Officer (RSO) and his DD Form 2656 (Data for Payment of Retired Personnel). Periodically Congress passes laws that establish open enrollment seasons which allow SBP enrollment or changes.
ARMY | BCMR | CY2012 | 20120022474
He was awarded the Army Commendation Medal and one Air Medal for over 1,200 hours of flying time. The applicant's military personnel records were not available for review and the applicant was unable to provide any documentation showing the number or type of missions, or any evidence which recorded the number of flight hours. __________ _ x _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military...
ARMY | BCMR | CY2012 | 20120022475
The applicant requests, in effect, correction of his record to show he was medically retired. His discharge contradicts Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), which states the PEB is the sole body within the Army that can determine a Soldier's fitness. This form shows a further review was requested because the applicant was using Zoloft.