ARMY | BCMR | CY2012 | 20120006241
Counsel requests, through a court remand: * reconsideration of the applicant's prior requests for a discharge upgrade to fully honorable (HD), or in the alternative, to, in effect, affirm the general under honorable conditions (GD) discharge he already has * a formal hearing before the Army Board for Correction of Military Records (ABCMR). The applicant indicates in a sworn statement: * he was trained as an infantryman at Fort Gordon, GA * while at Fort Gordon, he was court-martialed for...
ARMY | BCMR | CY2012 | 20120006244
c. He recently received correspondence from the recorder of the Army Grade Determination Review Board (AGDRB) informing him that it appears he should have been placed on the Retired List in the grade of E-7 and he should apply to the Army Board for Correction of Military Records (ABCMR) for review of his case. 10 USC, section 3964 (Higher grade after 30 years of service: warrant officers and enlisted members), provides that each retired member of the Army covered by subsection (b) who is...
ARMY | BCMR | CY2012 | 20120006247
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 14 March 2006 to show his rank and pay grade as sergeant (SGT)/E-5. This regulation states the active duty grade or rank and pay grade at the time of separation, taken from the Soldiers ERB, will be entered in items 4a and 4b of the DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2012 | 20120006250
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his 31 December 2005 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he completed the Stryker Precision Marksmanship (Infantry Sniper) Course. Following his Army career, he started his own business in Washington State focused on small arms training for Fort Lewis units and has successfully completed numerous Advanced Rifle...
ARMY | BCMR | CY2012 | 20120006260
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the correct dates of his service in Vietnam. Item 30 (Remarks) of his DD Form 214 shows the dates of his service in Vietnam as 28 June 1969 to 22 May 1970. Although he contends that he served in Vietnam until 23 May 1970, 23 May 1970 is the date he was released from active duty and not the date he departed Vietnam.
ARMY | BCMR | CY2012 | 20120006262
The second is for service members whose eligibility for retirement was suspended by Stop Loss. It states that RSLSP is a special pay for military members (including RC members) and former and retired members under the jurisdiction of the Secretary who, while serving on active duty at any time from 11 September 2001 to 30 September 2008, had their enlistment or period of obligated service involuntarily extended or whose established date of separation, release from active duty, or approved...
ARMY | BCMR | CY2012 | 20120006263
The applicant states: * he was not informed during the retirement process of the requirement to transfer the benefit while still in the service * his understanding was that he could request the transfer at any time, even after retirement 3. On 22 June 2009, the DOD established the criteria for eligibility and transfer of unused education benefits to eligible family members. There is insufficient evidence that shows the applicant submitted a request to transfer the education benefits to his...
ARMY | BCMR | CY2012 | 20120006265
Counsel requests correction of the FSM's record to show he elected Servicemembers' Group Life Insurance (SGLI) in the amount of $400,000.00 and that the applicant be paid the full amount of her deceased son's SGLI. He did this by completing the "Amount of insurance" section of this form to indicate he was requesting a reduced amount of coverage in the amount of $50,000.00. To support this claim, COL RT stated that the FSM continued to pay $4.25 a month for SGLI coverage that was consistent...
ARMY | BCMR | CY2012 | 20120006276
In effect, he requests correction of his records to show he was found medically unfit for duty instead of fit for duty by the September 2000 PEB. The PEB determined that based on the objective medical and personnel evidence of record and considering the physical requirements for reasonable performance of duties required by grade and military specialty, the PEB found him fit for duty within the limitations of his profile. The PEB determined that based on the objective medical and personnel...
ARMY | BCMR | CY2012 | 20120006278
IN THE CASE OF: BOARD DATE: 11 October 2012 DOCKET NUMBER: AR20120006278 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). Accordingly, his punishment was not disproportionate to the offenses for which he was convicted and he has failed to show sufficient evidence or reasons to warrant an upgrade of his discharge based on clemency.
ARMY | BCMR | CY2012 | 20120006282
The applicant provides: * CRSC claim * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * Notification of Eligibility for Retired Pay at Age 60 * Retirement orders * Multiple VA rating decisions * Previous letter from the Army Board for Correction of Military Records * CRSC denial letters from HRC-KNX, dated 1 February 2012, 2 April 2010, and 15 December 2009 CONSIDERATION OF EVIDENCE: 1. The applicant has submitted evidence to show that his right knee injury,...
ARMY | BCMR | CY2012 | 20120006286
c. he was 19 years old and served in Vietnam for 15 months. However, there are no provisions in Army regulations that allow the upgrade of a discharge for the sole purpose of securing veteran's benefits. Records show the applicant was age 20 years at the time of his offenses.
ARMY | BCMR | CY2012 | 20120006288
The applicant was inducted into the Army of the United States on 18 July 1968. There are no orders for the BSM in the available records. In the absence of orders or other corroborating evidence of record, the letters provided by the applicant alone are not sufficient as a basis for adding this medal to his DD Form 214.
ARMY | BCMR | CY2012 | 20120006291
He states the following new facts are not reflected in his Army Board for Correction of Military Records (ABCMR) Record of Proceeding nor are they reflected in his military records (DA Form 24 (Service Record) and DD Form 214): a. He provides his DA Form 24, prepared on 22 January 1962, for the period 28 October 1955 to 26 October 1957; and his DA Form 20. His record contains: * DA Form 24 for the period 28 October 1955 to 25 October 1957 which shows he was promoted to SP3 (T) on 24 May...
ARMY | BCMR | CY2012 | 20120006292
The applicant requests reconsideration of his request to correct his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in block 11 that his primary specialty is 76Y2O instead of 76Y1O and in block 16 that he had a General Educational Development (GED) equivalency. The applicant's records show he enlisted in the Regular Army on 10 October 1979 and he held military occupational specialty (MOS) 76Y1O. However, there is no evidence in the available records to show...
ARMY | BCMR | CY2012 | 20120006293
BOARD DATE: 16 October 2012 DOCKET NUMBER: AR20120006293 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Although he provided letters and a 2-page Vietnamese document showing he was in the RVN, this alone does not show he participated in combat. Notwithstanding his sincerity, in the absence of official documentary evidence showing he was ever recommended for or awarded the CMB by proper authority while serving in the RVN, or that confirms his presence and participation with his qualifying...
ARMY | BCMR | CY2012 | 20120006294
The applicant provides numerous military service records. Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the: * Army Achievement Medal * Army Good Conduct Medal * National Defense Service Medal * Armed Forces Expeditionary Medal * Army Service Ribbon * Overseas Service Ribbon * NATO Medal c. Block 14 (Military Education) no entry for completing PLDC d. Block 18 (Remarks) no entry for any deployments 8. Based on his overseas service in Korea and...
ARMY | BCMR | CY2012 | 20120006296
A Soldier must be currently on active duty or a member of the Selected Reserve at the time of transfer of educational benefits to his or her family members (on or after 1 August 2009). A Soldier must have at least 6 years of eligible service in order to transfer educational benefits to a spouse and at least 10 years of eligible service to transfer to eligible children. He was not eligible to transfer to either his spouse or his children because the law requires Soldiers to be in the...
ARMY | BCMR | CY2012 | 20120006297
He is not eligible to transfer his Post-9/11 benefits. The applicant in this case had more than 20 years of service upon his retirement, but he was not eligible to transfer the benefit because the law requires Soldiers to be in the service on or after 1 August 2009. c. A Soldier may only transfer to eligible family members. If the applicant had been in the service on or after 1 August 2009 he would not have incurred an additional service obligation, but he was not eligible because he left...
ARMY | BCMR | CY2012 | 20120006298
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 (MUC), Valorous Unit Award (VUA), Iraq Campaign Medal (ICM), and Combat Infantryman Badge (CIB). Army Regulation 600-8-22 states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. As a result, the Board...
ARMY | BCMR | CY2012 | 20120006300
The applicant's military records show he enlisted in the Regular Army for 4 years on 28 June 1983. The reasons for the proposed action were: (1) efforts to rehabilitate him had proven futile; (2) numerous counselings by his chain of command had negative results; (3) his immaturity and problems following orders from his chain of command; and (4) his involvement in several alcohol-related incidents, the most recent resulting in him assaulting a senior noncommissioned officer (NCO) and being...
ARMY | BCMR | CY2012 | 20120006303
Application for correction of military records (with supporting documents provided, if any). Item 5 (DOB) of his DD Form 47 (Induction Record) and various other documents in his official military personnel file (OMPF) list his DOB as 2 October 1946. He did not use the DOB that he now requests to be documented in his records.
ARMY | BCMR | CY2012 | 20120006304
Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received. The applicant's DD Form 214 incorrectly lists the Vietnam Campaign Medal as with a "V" Device, the proper entry is the Republic of Vietnam Campaign Medal with Device (1960). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Purple Heart for...
ARMY | BCMR | CY2012 | 20120006306
Application for correction of military records (with supporting documents provided, if any). A general discharge is a separation from the Army under honorable conditions. _______ _ 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 | 20120006308
Application for correction of military records (with supporting documents provided, if any). The period of service in Southwest Asia listed on the Gulf War Roster (1 to 28 February 1991) qualifies him for award of the Southwest Asia Service Medal with a bronze service star (designating his campaign participation in one campaign). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding to item 13 of his DD Form 214...
ARMY | BCMR | CY2012 | 20120006309
The applicant requests the records of her late father, a former service member (FSM), be corrected to show the Army of Occupation Medal (AOM). Army Regulation 600-8-22 (Military Awards) states the AOM is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location. ABCMR Record of Proceedings (cont) AR20120006309 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120006309 2 ARMY BOARD FOR...
ARMY | BCMR | CY2012 | 20120006312
Counsel states, in effect, that the applicant was unjustly discharged from the service due to a condition that was EPTS; however, there is no evidence in the medical records to show either before or after his service that the conditions existed prior to his service and all of the evidence suggests that his condition was aggravated by military service. Army Regulation 635-40 governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of...
ARMY | BCMR | CY2012 | 20120006313
The applicant requests correction of his military records to show award of the Bronze Star Medal (BSM) for his service in the Republic of Vietnam (RVN). ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command. ________ _ __x_____ ____ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...
ARMY | BCMR | CY2012 | 20120006314
IN THE CASE OF: BOARD DATE: 4 October 2012 DOCKET NUMBER: AR20120006314 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). The evidence of record clearly shows the applicant's rank/grade at the time of his retirement was PFC/E-3.
ARMY | BCMR | CY2012 | 20120006315
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. 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 | 20120006318
IN THE CASE OF: BOARD DATE: 23 October 2012 DOCKET NUMBER: AR20120006318 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests reconsideration of his previous request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Army Commendation Medal (ARCOM). The applicant's Army Military Human Resources Record contains a copy of an AAM Certificate which states he was awarded the AAM for outstanding service during the...
ARMY | BCMR | CY2012 | 20120006319
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 AR2003083502 on 12 June 2003. Therefore, he is entitled to correction of his records to show award of the PH. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the PH for being wounded in action on 11 May...
ARMY | BCMR | CY2012 | 20120006323
IN THE CASE OF: BOARD DATE: 7 June 2012 DOCKET NUMBER: AR20120006323 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Through a remand action, dated 22 March 2012, which was agreed to by the applicant, the U.S. Court of Federal Claims requests that the Army Board for Correction of Military Records determine whether denial of an officer accession bonus (OAB) to the applicant was erroneous or unjust. The record contains a "Written Agreement Officer Accession Bonus Acknowledgement" completed...
ARMY | BCMR | CY2012 | 20120006326
c. In order to correct the situation within the officer's request and within established policies and procedures, recommend retroactive prorated payments of HPO special pays outlined below, prorated for two mobilization periods from 1 February 2005 to 9 May 2005 and from 24 April 2006 to 2 August 2006, utilizing a Health Professions Pay Entry Date (HPPED) or finance MS-Pay-Date of 1 February 2002 for the correct pay level: * VSP at $5,000.00 per year * BCP at $2,500.00 per year * MASP at...
ARMY | BCMR | CY2012 | 20120006328
The applicant states: * as directed by permanent change of station (PCS) orders, he was required to move from Fort Carson to Fort Leonard Wood * he requested a PPM instead of having the government move his household goods (HHG) * as a requirement for claiming travel expenses, he had his moving truck weighed full near Kansas City, MO * at one point during his family's travels to Fort Leonard Wood, he stopped to assist his wife with the care of their then 3-month old daughter * while assisting...
ARMY | BCMR | CY2012 | 20120006333
However, his record contains an endorsement, dated 11 March 1971, that shows the separation authority, a major general, approved the applicant's request for discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial, and directed the applicant be furnished an Undesirable Discharge Certificate. Although the applicant's record is void of the specific facts and circumstances surrounding his discharge processing, it...
ARMY | BCMR | CY2012 | 20120006334
The applicant requests, in effect, amendment of his appointment documents to show he executed an Officer Accession Bonus (OAB) addendum on the date of his commissioning in the Louisiana Army National Guard (LAARNG). The available records do not contain a written agreement for an OAB. There is no evidence in the applicants Army Military Human Resource Record personnel file nor did the applicant provide evidence that he executed a written agreement or was assigned a bonus control number to...
ARMY | BCMR | CY2012 | 20120006335
The applicant requests correction of his records as follows: * Reinstatement to active duty under the original Selective Continuation (SELCON) Agreement * Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was transferred to the U.S. Army Reserve (USAR) Control Group (Individual Ready Reserve (IRR)) * Elimination of any break in service * Promotion to major (MAJ) * Credit of an appropriate number of retirement points to make a good year in 2011 2....
ARMY | BCMR | CY2012 | 20120006336
The applicant requests correction of his records to show his eligible family members were listed in the official Transfer of Education Benefits (TEB) online database and that he be allowed to transfer his GI Bill educational benefits to his eligible family members under the Post 9/11 GI Bill transferability option. The evidence of record shows the applicant was fully eligible to transfer his educational benefits under the Post 9/11 GI Bill Transferability Program prior to retirement. As a...
ARMY | BCMR | CY2012 | 20120006337
Despite entering active duty from his residence at the University of Idaho, the preponderance of evidence shows he used Texas as his HOR. Army Regulation 635-5 states the information contained on the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service and defines a Soldier's HOR as the HOR he or she maintained at the time of commissioning, appointment, enlistment, or upon being ordered to a tour of active duty. His HOR at the time of enlistment and...
ARMY | BCMR | CY2012 | 20120006338
The applicant requests correction of his: * DD Form 214 (Certificate of Release or Discharge from Active Duty) to show two awards of the Meritorious Service Medal * DA Form 638 (Recommendation for Award), dated 19 April 1996, to show his correct social security number (SSN) 2. The applicant provides: * his DD Form 214 * DA Form 638 * five DA Forms 2166-7 (NCO (Noncommissioned Officer) Evaluation Report) * orders * one page of his DA Form 2-1 (Personnel Qualification Record) CONSIDERATION OF...
ARMY | BCMR | CY2012 | 20120006339
On 14 May 1990, his commander notified him he was initiating action to discharge him under the provisions of chapter 13 of Army Regulation 635-200 (Personnel Separations Enlisted Personnel) for unsatisfactory performance with a general discharge under honorable conditions. The commander advised the applicant of his right to: * be represented by counsel * submit statements in his own behalf * review documents to be presented to the separation authority * waive any of these rights *...
ARMY | BCMR | CY2012 | 20120006341
The applicant states: * he retired from the U.S. Army on 1 April 2008 * in the summer of 2011, he conducted a permanent change of station (PCS) move mandated by the Base Realignment and Closure (BRAC) Act as a Department of the Army Civilian (DAC) employee from Fort McPherson, GA to Williamsburg, VA * an official in the Fort McPherson, GA, Transportation Office recommended that he use his personally procured move (PPM) (formerly known as a do-it-yourself (DITY) move) entitlement from his...
ARMY | BCMR | CY2012 | 20120006342
IN THE CASE OF: BOARD DATE: 14 June 2012 DOCKET NUMBER: AR20120006342 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests adjustment of her Federal recognition order for promotion to chief warrant officer three (CW3) from 7 February 2012 to 21 September 2011. NGB Policy Memorandum 11-015, Subject: Federal Recognition of WO's in the ARNG, dated 14 June 2011, states that ARNG WOs are initially appointed and are also promoted by the State or Territory to which the officer...
ARMY | BCMR | CY2012 | 20120006344
Therefore, she would have been eligible to transfer her educational benefits while still on active duty. In view of the fact that Soldiers who left military service during the first 90 days of the program were not fully aware of the requirement to transfer benefits prior to leaving active service, it would serve the interest of equity to correct her record to reflect she transferred her educational benefits while still serving on active duty as recommended in the Deputy Chief of Staff, G-1,...
ARMY | BCMR | CY2012 | 20120006345
The advisory official recommended approval of the applicant's request because the applicant left the military within 90 days of implementation of the program. A service member is considered to be retirement eligible if he or she has completed 20 years of active duty or 20 qualifying years of Reserve service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant filed his application and the Army approved...
ARMY | BCMR | CY2012 | 20120006346
On 8 May 2006, he was appointed as a second lieutenant in the NEARNG and on the same date he entered into an OAB agreement in the amount of $10,000. On 28 December 2010, the State of Nebraska Military Department dispatched a memorandum to the applicant advising him that his OAB was being terminated because he was not eligible to receive the OAB due to his participating in the SLRP. Title 37, U.S. Code, section 308j(b), states the Secretary concerned may pay an accession bonus under this...
ARMY | BCMR | CY2012 | 20120006357
His DD Form 214 shows in: a. item 22c (Foreign and/or Sea Service) - he completed 2 years, 2 months, and 14 days of foreign service, with an entry to see item 30 (Remarks) b. item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized): * Army Commendation Medal * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * 3 overseas service bars * Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16) c....
ARMY | BCMR | CY2012 | 20120006360
The applicant requests his general, under honorable conditions discharge (GD) be upgraded to an honorable discharge (HD). His DA Form 20 (Enlisted Qualification Record) shows he accrued time lost due to being AWOL or imprisoned during the following periods: * 19 - 21 July 1970 AWOL (3 days) * 30 August 17 September 1970 AWOL (19 days) * 19 October 17 November 1972 AWOL (30 days) * 21 -22 November 1972 AWOL (2 days) * 17 January 29 March 1973 imprisonment (73 days) 7. When...
ARMY | BCMR | CY2012 | 20120006362
Application for correction of military records (with supporting documents provided, if any). In addition, he was also told he would be awarded the Purple Heart for receiving a slight wound to his left wrist during a combat incident sometime in April or May 1968 while serving in the Republic of Vietnam with the 597th Transportation Company. The applicant's Army Military Human Resource Record contains no medical records showing he was wounded in action or treated for a wound received as a...