ARMY | BCMR | CY2012 | 20120002166
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 physical disability. While it cannot be determined if the applicants evaluation by the MEB which evaluated him for an adjustment disorder instead of PTSD was correct at the time the board convened, there is insufficient evidence present to grant the applicant a 30% disability rating and...
ARMY | BCMR | CY2012 | 20120002167
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 physical disability. It states commanders of medical treatment facilities (MTFs) who are treating Soldiers may initiate action to evaluate the Soldiers physical ability to perform the duties of his or her office, grade, rank, or rating. However, in order to determine if any of the...
ARMY | BCMR | CY2012 | 20120002168
The applicant states his DD Form 214 does not show the BSM or that he was awarded MOS 05C4P. Army Regulation 672-5-1 (Awards), 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 entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less...
ARMY | BCMR | CY2012 | 20120002170
He provided a self-authored statement entitled "I request the following correction" wherein he states he should be medically retired because the doctors made many errors and did not stabilize his asthma before he was discharged. Consequently, due to the two concepts involved, an individual may have a medical condition that is not considered medically unfitting for military service at the time of processing for separation, discharge, or retirement, but that same condition may be sufficient...
ARMY | BCMR | CY2012 | 20120002172
The applicant requests, in effect: * an upgrade of his discharge from general to fully honorable * correction of the narrative reason for separation to show he was medically discharged * award of the Purple Heart for battle wounds * correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show a secondary military occupational specialty (MOS) of security driver 2. The applicant states, in effect, he believes he was unjustly discharged in...
ARMY | BCMR | CY2012 | 20120002174
On 27 July 1973, The Adjutant General informed the applicant the Army Discharge Review Board had denied his request for a change in the type and nature of his discharge. The evidence of record does not support the applicant's request for an upgrade of his discharge to a GD. The available record shows he was age 20 at the time of his offenses.
ARMY | BCMR | CY2012 | 20120002175
The applicant states: * his discharge was unjust because it was based on one incident * his total honorable military service was not considered during his separation proceedings * he made some bad decisions, which caused him to be separated from active duty * his loss of the MGIB was unfair considering he served honorably until his misconduct 3. On 26 June 1994, the applicant was discharged with an under other than honorable conditions discharge. Based on his record of indiscipline which...
ARMY | BCMR | CY2012 | 20120002176
On 15 September 1989, the applicant was dishonorably discharged as a result of court-martial under the provisions of chapter 3, Army Regulation 635-200 (Personnel Separations - Enlisted Personnel). His conviction and discharge were effected in accordance with applicable laws and regulations and the discharge appropriately characterizes the misconduct for which he was convicted. Therefore, the applicant's record of service is insufficiently meritorious to warrant an honorable or a general...
ARMY | BCMR | CY2012 | 20120002181
The applicant, the sister of a deceased former service member (FSM), requests that the FSM's discharge be upgraded from under other than honorable conditions to a general discharge. However, records show the FSM confirmed that his children were in good health when he returned from being AWOL just 2 months prior to his discharge action. There is no evidence in the available record and the applicant has not provided any evidence that shows the FSM suffered from, or was treated for, a mental...
ARMY | BCMR | CY2012 | 20120002186
Such disabilities must be compensated by the VA and rated at least 10% disabling. The applicant has submitted evidence to show that her PTSD is service related. Service connection for VA purposes means the VA has determined that the disability was incurred or aggravated during military service.
ARMY | BCMR | CY2012 | 20120002187
Application for correction of military records (with supporting documents provided, if any). Her DD Form 214 shows in: a. item 12f (Foreign Service), she completed 3 years, 11 months, and 10 days of foreign service, and b. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), among other awards the: * Army Achievement Medal (5th Award) * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * Iraq Campaign Medal with one...
ARMY | BCMR | CY2012 | 20120002205
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending 15 February 2004 to show award of the: * Iraq Campaign Medal (ICM) * Global War on Terrorism Expeditionary Medal (GWOTEM) * Global War on Terrorism Service Medal (GWOTSM) * Valorous Unit Award (VUA) * Joint Meritorious Unit Award (JMUA) * Purple Heart (PH) 2. The applicant provides: *...
ARMY | BCMR | CY2012 | 20120002208
The SPD code of "LBK" is the correct code for RA Soldiers REFRAD for completion of required active service under the provisions of chapter 4, Army Regulation 635-200 who sign a Declination of Continued Service Statement (DCSS) or are ineligible for, barred from, or otherwise denied reenlistment at the completion of their enlistment. The SPD code of "MBK" is the correct code for Soldiers REFRAD for completion of required active service under the provisions of chapter 4, Army Regulation...
ARMY | BCMR | CY2012 | 20120002216
The applicant requests, in effect, correction of his records to show the reason for his discharge as due to physical disability. The applicant contends that the reason for his discharge should be due to physical disability because his surgeries made him medically unqualified to serve. There is no available evidence showing that he was medically unfit for duty.
ARMY | BCMR | CY2012 | 20120002217
He was inducted into the Army of the United States on 15 September 1966. 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: a. Delete both Vietnam Campaign Medal entries. Add the: * Army Commendation Medal * Meritorious Unit Commendation (Army) * Army Good Conduct Medal * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation *...
ARMY | BCMR | CY2012 | 20120002219
The applicant requests award of the Army Good Conduct Medal (AGCM). Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. In...
ARMY | BCMR | CY2012 | 20120002229
On 10 August 1993, the applicant's unit commander notified the applicant of his intent to recommend discharge under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 14-12c, for misconduct commission of a serious offense. On 20 September 1993, the separation authority approved the separation action and directed the applicant be discharged from the service under the provisions of Army Regulation 635-200, paragraph 14-12c, by reason of...
ARMY | BCMR | CY2012 | 20120002234
Based on his overall record of service, it would be appropriate to award him the first award of the AGCM and to correct his records to reflect this award. Therefore, it would be appropriate to correct his DD Form 214 to show these unit awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the AGCM (1st Award) for the period 8 November 1968 through 6 November 1970, and b. adding the following awards to...
ARMY | BCMR | CY2012 | 20120002235
The applicant states: * he signed an agreement to serve in the Indiana Army National Guard (INARNG) for 6 years in exchange for a $10,000.00 OAB * he transferred to the U.S. Army Reserve (USAR) because his original unit, the 38th Support Battalion, closed * his higher headquarters decided to slot him in a position but then placed a major (MAJ)/O-4 in the same position * his assigned unit closed/reorganized and there was no slots in his State for his area of concentration (AOC) without being...
ARMY | BCMR | CY2012 | 20120002236
Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active enlisted service. He served a qualifying period of service and should be entitled to this award and correction of his DD Form 214 to show it. His file contains no information that would have disqualified him for award of the Army Good Conduct Medal (1st Award); therefore, it would be appropriate to award the applicant the...
ARMY | BCMR | CY2012 | 20120002237
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * 24 years of service * the narrative reason for separation as "disability, permanent" 2. HRC will issue permanent retirement orders when an appropriate authority has determined a Soldier should be removed from the TDRL and permanently retired for disability. The evidence of record does not support the applicant's request for correction of his DD Form 214 for the period...
ARMY | BCMR | CY2012 | 20120002240
While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. The applicants request for upgrade of his discharge was carefully considered and it was determined there is insufficient evidence to support his request. Records show...
ARMY | BCMR | CY2012 | 20120002241
Following consultation with legal counsel, he requested discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, for the good of the service - in lieu of trial by court-martial. The DD Form 214 he was issued at the time shows he was discharged for the good of the service - in lieu of a court-martial with a characterization of service of under other than honorable conditions. __________X_____________ CHAIRPERSON I certify that...
ARMY | BCMR | CY2012 | 20120002248
The applicant requests correction of two DD Forms 214 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as XXX-XX-XXX4 instead of XXX-XX-XXX1. His two DD Forms 4 (Enlistment/Reenlistment Document), DA Form 2-1 (Personnel Qualification Record), two DD Forms 214, and all other documents throughout his military records show his SSN as XXX-XX-XXX1. While it is understandable the applicant desires to have his military records changed to reflect the...
ARMY | BCMR | CY2012 | 20120002254
Application for correction of military records (with supporting documents provided, if any). There is no indication he applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. Based on the foregoing, there is no basis to upgrade the applicant's discharge to an honorable or a general discharge.
ARMY | BCMR | CY2012 | 20120002256
On 24 November 2008, he elected "spouse and child" SBP coverage in anticipation of retiring. The applicant requests a change of his SBP coverage to show he elected "spouse only" coverage within 1 year of marriage. The evidence provided by the applicant shows on that on 16 February 2011 he requested to change/add his new spouse as his SBP beneficiary which was approximately 25 days beyond the 1-year period to make such an election.
ARMY | BCMR | CY2012 | 20120002258
The applicant's DD Form 214 shows the following: * he served 1 year in the Republic of Vietnam * he completed 3 years and 7 days of credible active military service * he was honorably released from active duty on 19 September 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement) 5. His record shows he was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the...
ARMY | BCMR | CY2012 | 20120002260
There is no evidence in the available records to show that he applied to the Army Discharge review Board for an upgrade of his discharge within that boards 15-year statute of limitations. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Although an honorable or general is authorized, a discharge under other than honorable conditions is normally considered appropriate.
ARMY | BCMR | CY2012 | 20120002262
The applicant states Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he was wounded on 13 March and 9 May 1967. The applicant's military record shows he was inducted into the Army of United States on 9 February 1966. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the: * Purple Heart for wounds received in action on 13 March 1967 * Purple Heart (2nd Award) for wounds received in...
ARMY | BCMR | CY2012 | 20120002266
The applicant requests: a. a second Army Commendation Medal (ARCOM) be added to her DD Form 214 (Certificate of Release or Discharge from Active Duty); b. item 11 (Primary Specialty) of her DD Form 214 be corrected to show she served in her military occupational specialty (MOS) for 11 years, 10 months, and 22 days; and c. her last name be changed. Section IX (Assignment Information) of her Enlisted Record Brief (ERB) shows: * her duty MOS was 92B from 4 May 1993 to 4 December 1996 (for a...
ARMY | BCMR | CY2012 | 20120002268
However, on 18 February 2011, HRC amended his retirement orders to show he completed 24 years, 10 months, and 13 days of AFS. In the processing of this case a staff advisory opinion was obtained from HRC which indicates a determination needs to be made regarding the applicant's creditable service given the unusual circumstances of his case. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending his retirement...
ARMY | BCMR | CY2012 | 20120002269
He was discharged under Army Regulation 635-200, paragraph 14-12c, due to misconduct-commission of a serious offense, and assigned a separation program designator (SPD) code of "JKQ" and an RE code of "4." On 29 February 2008, the Army Discharge Review Board (ADRB) denied the applicant's request for an upgrade of his discharge. The SPD code of JKK was the appropriate code for the applicant based upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the...
ARMY | BCMR | CY2012 | 20120002270
The applicant requests an upgrade of his discharge under other than honorable conditions to a medical or general discharge. He states that under the circumstances and two prior honorable discharges, he believes he should have received a medical or general discharge. His medical records are not available to the Board.
ARMY | BCMR | CY2012 | 20120002273
Application for correction of military records (with supporting documents provided, if any). The evidence of record clearly shows that the applicant was awarded the ARCOM for meritorious service as an air defense artillery officer in the ROK. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following awards to his DD Form 214: * Army Commendation Medal * Korea Defense Service Medal * Sharpshooter Marksmanship...
ARMY | BCMR | CY2012 | 20120002276
The applicant requests correction of his military service records to show his correct social security number (SSN). The evidence of record also shows this SSN was consistently recorded in the applicant's military service records, including on his DD Form 214 when he was REFRAD. The applicant's military service records clearly show he reported his SSN as "XXX-74-4391" and this is documented in his military service records.
ARMY | BCMR | CY2012 | 20120002285
On 17 July 1996, the separation authority approved the applicant's separation action for misconduct under the provisions of Army Regulation 635-200, chapter 14, and directed the applicant receive a GD. There is no evidence indicating the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. Therefore, absent evidence of error or injustice in the discharge process, there is an insufficient evidentiary basis...
ARMY | BCMR | CY2012 | 20120002304
Application for correction of military records (with supporting documents provided, if any). The available evidence shows the applicant was a member of the New Jersey ARNG when he was ordered to ADT effective 17 January 1974. As a member of the New Jersey ARNG who was ordered to active duty for training only, the applicant is not eligible for the NDSM.
ARMY | BCMR | CY2012 | 20120002311
IN THE CASE OF: BOARD DATE: 23 February 2012 DOCKET NUMBER: AR20120002311 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. c. Section V (Entitlement) He understood repayment of the qualifying student loan(s) will be made after each year of satisfactory service in the Selected Reserve after securing the loan(s) and reaching the anniversary date of this agreement. f. Section VIII The service representative verified that the applicant met the eligibility requirements, and the MOS for which...
ARMY | BCMR | CY2012 | 20120002313
BOARD DATE: 11 October 2012 DOCKET NUMBER: AR20120002313 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). On 6 August 2004, while a member of the USAR, he was ordered to active duty.
ARMY | BCMR | CY2012 | 20120002315
On 20 October 1987, the unit commander notified the applicant of his intent to process him for separation under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 14, by reason of misconduct - pattern of misconduct. On 22 October 1987, the unit commander submitted the request for separation pertaining to the applicant and on 3 November 1987, the separation authority approved the applicant's separation action under the provisions of Army...
ARMY | BCMR | CY2012 | 20120002317
Application for correction of military records (with supporting documents provided, if any). However, his record contains a duly-constituted DD Form 214 that shows he was discharged on 2 April 1976 under the provisions of Army Regulation 635-200, chapter 10, in lieu of a court-martial with an under other than honorable conditions character of service. _______ _ X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...
ARMY | BCMR | CY2012 | 20120002321
BOARD DATE: 19 June 2012 DOCKET NUMBER: AR20120002321 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The evidence of record confirms the FSM entered active duty and he served under the SSN using the number 6 as the second digit as listed on his DD Form 398, DA Form 41, and the 1965 DD Form 214, as corroborated and confirmed by the SSN printout provided by the applicant. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...
ARMY | BCMR | CY2012 | 20120002324
The applicant requests his discharge under other than honorable conditions be upgraded to an honorable discharge or a medical discharge. Although an honorable or general discharge was authorized, a discharge under other than honorable conditions was normally issued to an individual who was discharged for the good of the service. There is no evidence showing what medications he was administered while hospitalized.
ARMY | BCMR | CY2012 | 20120002328
The applicant states: * In April 2008, the Army Board for Correction of Military Records (ABCMR) granted him relief by deleting from his records any reference to a urinalysis specimen tested on 6 April 1983 * The Board voided his chapter 9 discharge with a general discharge and issued him an honorable discharge * The Board also granted him service credit and pay through the original expiration of his term of service (ETS) date * The reason for the correction was that the scientific test...
ARMY | BCMR | CY2012 | 20120002330
With more than 5 years of commendable service, the applicant conspired with two individuals to steal photographic paper valued at $100 from the Army. He was caught, indicted in U.S. District Court, pleaded guilty, and was convicted. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by upgrading his GD of 16 August 1967 to an HD.
ARMY | BCMR | CY2012 | 20120002331
Item 38 (Record of Assignments) shows that during his tour in Japan, he served with the 106th General Hospital, performing duties in MOS 91B as a ward specialist. 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 by adding the Meritorious Unit Commendation. _______ _ X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...
ARMY | BCMR | CY2012 | 20120002333
This certificate awarded him the Army Commendation Medal for the period 10 July 1972 to 1 February 1993. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. His Army Commendation Medal was awarded on 5 August 1993, over 2 years after his release from active duty.
ARMY | BCMR | CY2012 | 20120002336
Application for correction of military records (with supporting documents provided, if any). Further, the VA rating decision provided fails to provide any supporting service medical treatment records supporting the determination that these conditions would have supported the FSM's processing through medical channels at the time of his discharge. However, there is no medical evidence confirming the FSM's medical conditions rendered him unfit for further service at the time of his discharge.
ARMY | BCMR | CY2012 | 20120002338
Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) currently in effect establishes the Army 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 or her office, grade, rank, or rating. The Army rates only conditions determined to be physically unfitting at the time of discharge which disqualify the Soldier from further...
ARMY | BCMR | CY2012 | 20120002341
The applicant states: * He was awarded the Republic of Vietnam Gallantry Cross with Bronze Star on 25 January 1969 * He wants his service with the 101st Airborne Division included on his DD Form 214 3. There is no evidence to show the applicant received the first award of the Army Good Conduct Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the first award of the Army Good Conduct Medal for the...