ARMY | BCMR | CY2012 | 20120004518
IN THE CASE OF: BOARD DATE: 4 October 2012 DOCKET NUMBER: AR20120004518 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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. Discharged him from the USAR effective 6 April 2010 with an under other than honorable conditions discharge.
ARMY | BCMR | CY2012 | 20120004523
Application for correction of military records (with supporting documents provided, if any). The applicant states the correct SSN is listed in his military personnel records; however, it is wrong on his DD Form 214. Therefore, the SSN listed in the applicant's military records should not be changed at this time.
ARMY | BCMR | CY2012 | 20120004525
There is no evidence in the available record that shows he was wounded as a result of hostile action in Vietnam. Therefore, there is insufficient evidence on which to base award of the Purple Heart in this case. _______ _ 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 | 20120004527
The applicant requests, in effect, removal of a DA Form 2627-1 (Record of Proceedings Under Article 15, UCMJ), dated 23 November 1966, from his Army Military Human Resources Record (AMHRR), formerly known as the Official Military Personnel File (OMPF). a. Paragraph 11 states that Army personnel attached to or embarked in a vessel could not demand a trial by court-martial in lieu of NJP. __________X_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of...
ARMY | BCMR | CY2012 | 20120004528
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. Army Regulation 600-8-22 states the Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. The applicant's DD Form 214 shows he served in Iraq during...
ARMY | BCMR | CY2012 | 20120004530
The applicant's contention he was released from prison because his unit commander was convicted of war crimes was noted. However, the evidence shows the U.S. Army Board of Review affirmed only so much of his sentence as provided for confinement at hard labor for 6 months. Therefore, the applicant's record of service is insufficiently meritorious to warrant an honorable discharge.
ARMY | BCMR | CY2012 | 20120004536
The applicant requests an upgrade of his discharge under other than honorable conditions to an honorable discharge. On 13 November 1986 after having been advised of his rights under Article 31, UCMJ, the applicant completed an FDCF Form 691A (Personnel Control Facility Interview Sheet) stating he was AWOL because he had severe family problems at the time he entered military service. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army...
ARMY | BCMR | CY2012 | 20120004537
Army Regulation 600-8-22 states the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. Although the records do not contain and the applicant has not provided orders awarding him the Purple Heart, his DD Form 214 clearly shows he was wounded in Korea on 25 October 1951. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2012 | 20120004541
Application for correction of military records (with supporting documents provided, if any). There is no evidence of record 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. Based on his extensive disciplinary history, the applicant's record did not support the issuance of an honorable or general discharge by the separation authority at the time and does not support an upgrade at this late date.
ARMY | BCMR | CY2012 | 20120004544
The applicant requests, in effect, his record and item 4a (Grade, Rate, or Rank) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his rank as corporal (CPL). Item 35 (Record of Assignments) of the DA Form 2-1 shows the applicant was assigned to WRAMC on 27 February 1979, and that he served as a military policeman in MOS 95B during his entire enlistment. The evidence of record indicates the applicant held the rank title SP4 on the date of...
ARMY | BCMR | CY2012 | 20120004545
The applicant provides his DD Form 214. He served a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960), which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending item 24 of his DD Form 214 to delete the VSM and one overseas service bar; and b. amending...
ARMY | BCMR | CY2012 | 20120004548
His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his middle initial as "W" and his year of birth as 1942. The evidence of record shows the applicant used the middle name "Worsely" and listed the year of his DOB as 1942 upon his initial enlistment in the ARNG and upon his subsequent enlistment in the RA. __________X______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army...
ARMY | BCMR | CY2012 | 20120004549
On 12 March 1977, after service in the Regular Army, he enlisted in the U.S. Army Reserve (USAR). It states the Secretary concerned shall pay an annuity under this subchapter to the surviving spouse of a person who is eligible to provide a reserve-component annuity and dies: a. before being notified under section 12731(d) of this title that he/she has completed the years of service required for eligibility for reserve-component retired pay; or b. during the 90-day period beginning on the...
ARMY | BCMR | CY2012 | 20120004551
A general discharge was a separation from the Army under honorable conditions. c. Paragraph 2-15 stated that when a member who was being processed for discharge under the provisions of chapter 14 was AWOL, his or her proceedings could be completed and his or her discharge could be executed notwithstanding such absence, provided the recommendation for discharge was approved by the commander exercising general or special court-martial jurisdiction, as appropriate, and provided the absence...
ARMY | BCMR | CY2012 | 20120004555
The applicant states she served in Iraq from February to August 2003 but it is not listed on her DD Form 214. The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the entry "SERVICE IN SOUTHWEST ASIA 20030217-20030802" from her DD Form 214 and b. adding the following awards to her DD Form 214: * Iraq...
ARMY | BCMR | CY2012 | 20120004556
The applicant requests upgrade of his under other than honorable conditions discharge. There is no indication he applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. c. Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2012 | 20120004557
The applicant requests correction of item 21 (Home of Record (HOR) at Time of Entry into Active Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show "2448 P----------- Dr., Weslaco, TX. The evidence of record supports the applicant's request to correct item 21 of his DD Form 214 to show an address in Weslaco, TX. There is no evidence showing the street address of his HOR was "2448 P----------- Dr." at the time of induction.
ARMY | BCMR | CY2012 | 20120004558
The applicant requests an upgrade of his "dishonorable discharge" (i.e., his undesirable discharge) to a general discharge. The applicant did not provide any evidence. This regulation also prescribed that an undesirable discharge was normally issued unless the particular circumstances warranted a general or an honorable discharge.
ARMY | BCMR | CY2012 | 20120004559
The applicant requests award of the Army Commendation Medal, Army Good Conduct Medal, Military Outstanding Volunteer Service Medal, and a marksmanship qualification badge for the 3.5-inch rocket launcher. The applicant's 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 the applicant the Army Good Conduct Medal (1st Award) for the period 27 February 1962 through 31...
ARMY | BCMR | CY2012 | 20120004560
All orders and other documents on file in the applicant's Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), that contain a DOB list his DOB as 22 May 1945. Army Regulation 635-5 (Separation Documents), in effect at the time, stipulated that the DA Form 20 and documents and orders in the AMHRR would be the primary source records for information entered on the DD Form 214. However, the evidence of record confirms the applicant...
ARMY | BCMR | CY2012 | 20120004562
IN THE CASE OF: BOARD DATE: 31 May 2012 DOCKET NUMBER: AR20120004562 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Previous to 7 January 2011, all warrant officer Federal recognition appointments and promotions were approved by the Secretary of the Army. c. Before NDAA 2011, all ARNG warrant officer promotions effective date of promotion for pay and other purposes was the date of the State promotion orders as stated by the Federal recognition board recommendations.
ARMY | BCMR | CY2012 | 20120004566
The applicant requests that his general discharge be upgraded to a fully honorable discharge. Accordingly, on 23 June 1986, he was discharged under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance with a General Discharge Certificate. 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 | 20120004569
He states his personnel file shows he has an honorable discharge and he would like have an honorable discharge. In his request he also stated understood he could be discharged under other than honorable conditions and furnished with an Undesirable Discharge Certificate. ___________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 | 20120004570
Army Regulation 600-8-22 (Military Awards) provides for the following awards: a. He served a qualifying period of service for award of the National Defense Service Medal and should be entitled to correction of his DD Form 214 to show it. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Army Good Conduct Medal (1st Award) for the period 29 April 1964 to 20 April 1966 * adding to item 26 of his DD Form...
ARMY | BCMR | CY2012 | 20120004574
Application for correction of military records (with supporting documents provided, if any). Item 12f (Foreign Service) does not show he had any foreign service during the period covered by the DD Form 214. c. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows he was awarded or is authorized the: * Army Lapel Button * National Defense Service Medal * Army Service Ribbon 5. Foreign service, taken...
ARMY | BCMR | CY2012 | 20120004577
IN THE CASE OF: BOARD DATE: 25 October 2012 DOCKET NUMBER: AR20120004577 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant stated her promotion was delayed due to processing her request for Federal recognition as a result of change in the requirement based on the NDAA of 2011. b. NGB issued her Federal recognition orders for promotion to CW2 effective 4 December 2011.
ARMY | BCMR | CY2012 | 20120004580
The applicant requests her records be corrected to show she declined participation in the Survivor Benefit Plan (SBP) and that she receive a refund for all SBP premiums taken from her retired pay. An election to decline to participate in the SBP must be made prior to the effective date of retirement or else coverage automatically defaults to full spouse (or child only, if applicable) coverage. On 15 September 2011, the applicant completed a DD Form 2656 and elected not to participate in the SBP.
ARMY | BCMR | CY2012 | 20120004581
Application for correction of military records (with supporting documents provided, if any). The applicant requests his undesirable discharge be upgraded to an honorable discharge. However, his record contains a duly-constituted DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that shows he was discharged on 24 November 1971 under the provisions of Army Regulation 635-212 (Personnel Separations - Discharge - Unfitness and Unsuitability) by reason of unfitness...
ARMY | BCMR | CY2012 | 20120004582
Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. 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: * awarding him the Purple Heart for wounds received in action on 3 June 1969 in Vietnam * awarding him the Army Good Conduct Medal...
ARMY | BCMR | CY2012 | 20120004586
The applicant requests that he be awarded the Purple Heart for injuries received while fighting in Vietnam. The applicants official records were not available for review by the Board; however, the applicant has provided sufficient documents for the Board to make a fair and equitable review of his case. While the sincerity of the applicants claim that he was injured in Vietnam in a helicopter crash is not in doubt, the applicant has failed to show through the evidence submitted with his...
ARMY | BCMR | CY2012 | 20120004587
On 6 January 2011, the convening authority approved only so much of the FSM's sentence as provided for reduction to the rank/grade of SFC/E-7. As such, the FSM is entitled to correction of his records to show he retired and was placed on the Retired List in the rank/grade of SFC/E-7. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * amending Orders 293-0001 issued by the Installation Management Command-Europe Vilseck...
ARMY | BCMR | CY2012 | 20120004588
The applicant requests removal of his name from the titling block of U.S. Army Criminal Investigation Command (USACIDC) Report of Investigation (ROI) 03-CID112-XXXXX-XXX. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. The evidence of record confirms that the results of a USACIDC investigation provided a sufficient legal basis for the applicant to be titled...
ARMY | BCMR | CY2012 | 20120004591
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 date of birth (DOB) as 28 August 1949 instead of 28 October 1949. Army Regulation 635-5 (Separation Documents) states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.
ARMY | BCMR | CY2012 | 20120004592
On 7 October 1970, the applicant's unit commander recommended that he be required to appear before a board of officers to consider his separation from the Army under the provisions of Army Regulation 635-212. There were no medical records available to the Board and the applicant provided no medical records. Additionally, as stated in Army Regulation 635-212, when separation for unfitness was warranted an undesirable discharge was normally considered appropriate.
ARMY | BCMR | CY2012 | 20120004593
The applicant's military records are not available for review. The applicant's WD AGO Form 53-55 and the Western Union telegram he provides are sufficient to show he was wounded in action on 25 January 1945; therefore, he is entitled to award of the Purple Heart and correction of his WD AGO Form 53-55 to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the: * Bronze Star Medal based on...
ARMY | BCMR | CY2012 | 20120004596
The applicant requests an upgrade of his bad conduct discharge (BCD) and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Good Conduct Medal. His DD Form 214 shows he was discharged on 24 April 1990 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 3 as the result of court-martial. The available evidence clearly shows Permanent Order 3-1 awarding him the Army Good Conduct Medal...
ARMY | BCMR | CY2012 | 20120004597
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 such evidence, there is an insufficient basis for award of the Purple Heart in this case.
ARMY | BCMR | CY2012 | 20120004600
IN THE CASE OF: BOARD DATE: 12 April 2012 DOCKET NUMBER: AR20120004600 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests an adjustment of his Federal recognition order for promotion to chief warrant officer two (CW2) from 28 October 2011 to 19 March 2011. Title 10, U.S. Code, sections 571b and 12241b introduce a requirement that all WO appointments and promotions to chief warrant officer grades in the ARNG be made by the President of the United States.
ARMY | BCMR | CY2012 | 20120004604
His DD Form 214 does not show the Purple Heart as an authorized award. There is no evidence in the available record that shows he was wounded as a result of hostile action in Vietnam. Therefore, there is insufficient evidence on which to base award of the Purple Heart in this case.
ARMY | BCMR | CY2012 | 20120004605
The applicant's complete military records are not available for review. The evidence of record shows the applicant completed training, was awarded MOS 745, and served in an infantry unit during his period of active 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 | 20120004608
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. His DD Form 214 shows he was discharged in accordance with Army Regulation 635-200, paragraph 14-12c(2), by reason of "Misconduct" with a characterization of service of general under honorable conditions, a separation code of "JKK," and an RE code of "3." Army Regulation 635-5-1 (Separation Program Designators) states that separation codes are three-character alphabetic combinations, which identify reasons for, and types of separation...
ARMY | BCMR | CY2012 | 20120004626
IN THE CASE OF: BOARD DATE: 13 November 2012 DOCKET NUMBER: AR20120004626 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant provides: * a 1996 DD Form 1883 (SBP Election Certificate) * a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) * a 2011 DD Form 2656 (Data for Payment of Retired Personnel) * a January 2012 ARPC Form 249-E (Chronological Statement of Retirement Points) * his State of Wisconsin Original Certificate of Marriage * the FSM's...
ARMY | BCMR | CY2012 | 20120004634
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Iraq Campaign Medal (ICM). Approved campaigns are: * Liberation of Iraq (19 March 2003-1 May 2003) * Transition of Iraq (2 May 2003-28 June 2004) b. service members qualified for the Global War on Terrorism Expeditionary Medal (GWOTEM) (GWOTEM) by reason of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized, will...
ARMY | BCMR | CY2012 | 20120004635
The applicant requests that her "uncharacterized" service be changed to honorable service. However, her DD Form 214 shows she was administratively discharged on 21 November 2005 under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 5-11. c. Paragraph 3-9 provides that if processing is initiated while a Soldier is in entry-level status, separation will be described as entry-level and uncharacterized, unless: * an under other than honorable...
ARMY | BCMR | CY2012 | 20120004636
This form further shows he completed 20 years and 16 days of net active service. DISCUSSION AND CONCLUSIONS: There is no evidence in the applicant's record, nor did he provide evidence to show his promotion packet contained a material error significant enough to prevent his selection for promotion to MSG. ABCMR Record of Proceedings (cont) AR20120004636 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120004636 2 ARMY BOARD FOR...
ARMY | BCMR | CY2012 | 20120004637
The applicant requests correction of his records to show his educational benefits were transferred to his eligible dependents in a timely manner in accordance with the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. The available evidence shows he was eligible to transfer his educational benefits under the TEB provision of the Post-9/11 GI Bill prior to retirement. As a result, the Board recommends that all Department of the Army records of the individual concerned...
ARMY | BCMR | CY2012 | 20120004639
The applicant requests medical retirement. The applicant provides: * Extract of Army Regulation 40-501 (Standards of Medical Fitness) * VA rating decision with allied documents, medical forms, evaluations, checklists, progress notes, and various civilian and/or service medical records throughout his military service * VA rating decision * Elected medical records, some undated and some missing continuation pages, from Advanced Pain Medicine Institute, Chevy Chase, MD * Patient Laboratory...
ARMY | BCMR | CY2012 | 20120004641
The applicant states, in effect, that the FSM's middle name is misspelled in his military personnel records and should be corrected to show the middle name of "_e_a_" as shown on his birth certificate. Therefore, it would be appropriate to correct the FSM's DD Form 1300 to show his middle name as "_e_a_." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * correcting the FSM's DD Form 1300 to that shown on his birth...
ARMY | BCMR | CY2012 | 20120004642
Counsel requests correction of the applicant's record to: * Replace his Officer Evaluation Report (OER) for the period 23 March 2001 through 22 March 2002 (hereinafter referred to as contested OER 1a) with a finalized OER for the period 23 March 2001 through 11 October 2001 (hereinafter referred to as contested OER 1b) * Set aside his OER for the period 23 March 2002 through 22 March 2003 (hereinafter referred to as contested OER 2) * Set aside his OER for the period 23 March 2003 through 22...
ARMY | BCMR | CY2012 | 20120004644
Application for correction of military records (with supporting documents provided, if any). Chapter 2 contains guidance on the preparation of the DD Form 214 and states that items 4a and 4b show the active duty grade or rank and pay grade at time of separation and are obtained from the Soldier's records (promotion or reduction orders). There is no evidence in his records and he provides none to show he was promoted back to the rank/grade of PFC/E-3 between the date of his reduction and...