ARMY | BCMR | CY2012 | 20120008666
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 xxxx vice 8 August xxxx. His records contain various forms and documents that show his DOB as 28 August xxxx. DISCUSSION AND CONCLUSIONS: The evidence of record confirms the applicant's DOB was listed as 28 August xxxx upon his entry on active duty on 13 May 1968.
ARMY | BCMR | CY2012 | 20120008667
There are no orders or other evidence, and the applicant provides insufficient evidence, to show he was recommended for or awarded the Army Commendation Medal. Therefore, based on the available evidence it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 19 July 1967 through 18 July 1969 and to correct 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...
ARMY | BCMR | CY2012 | 20120008671
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Vietnam Service Medal and any other awards to which he is entitled. His DD Form 214 issued at the time of his REFRAD shows he was awarded one overseas service bar, he completed 9 months and 16 days of foreign service in Vietnam, and he served in Vietnam from 20 January to 5 November 1970. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2012 | 20120008675
The applicant's complete military records are not available for review. There is no evidence in his reconstructed record that shows he was awarded the Purple Heart. Notwithstanding the applicant's sincerity, in the absence of documentation that conclusively shows he was wounded as a result of enemy action, there is an insufficient evidentiary basis for granting the requested relief.
ARMY | BCMR | CY2012 | 20120008680
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal. The applicant's military service records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 the "VIETNAM SERVICE MEDAL"; and b. adding to item 24 of his DD Form 214 the: * Bronze...
ARMY | BCMR | CY2012 | 20120008681
The applicant's military service records are not available to the Board for review. In support of his application, the applicant provides the following documents: a. an NPRC letter, dated 30 March 2009, that forwarded an NA Form 13038 to the applicant; and b. a Certification of Military Service that shows the applicant was a member of the Regular Army from 16 November 1953 to 5 January 1955 and his service was terminated by an other than honorable discharge. Special orders discharged the...
ARMY | BCMR | CY2012 | 20120008682
With regard to Items 4a and 4b on his DD Form 214 for the period ending 3 March 1983, the evidence of record shows he was reduced to PV1/E-1 on 22 February 1983 as a result of the discharge action under the provisions of Army Regulation 635-200, chapter 14. This award is currently shown on his 1983 DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Item 5 of the applicant's 1983 DD Form 214 to show his...
ARMY | BCMR | CY2012 | 20120008685
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 applicant met a qualifying period of service for award of the Army of Occupation Medal with Germany Clasp; therefore, he is entitled to correction of his WD AGO Form...
ARMY | BCMR | CY2012 | 20120008686
The applicant requests correction of his records to show he was awarded the Purple Heart. There is no evidence in his military records that indicates he was awarded the Purple Heart or that he was treated for a combat-related wound. 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.
ARMY | BCMR | CY2012 | 20120008687
Application for correction of military records (with supporting documents provided, if any). On 4 January 1991, the unit commander notified the applicant that action was being taken to initiate the applicants separation under the provisions of chapter 13, Army Regulation 635-200 (Personnel Separations), by reason of unsatisfactory performance and that it was being recommended that the applicant receive an HD; however, the intermediate commanders and separation authority were not bound by...
ARMY | BCMR | CY2012 | 20120008689
The evidence of record shows the applicant executed a DA Form 71 for appointment as a Reserve commissioned officer on 24 March 2011. It is clear that after the applicant was granted temporary Federal recognition on 24 March 2011, an administrative error denied him permanent Federal recognition effective 24 March 2011. As a result, the Board recommends that the State Army National Guard records and the Department of the Army records of the individual concerned be corrected by: * amending...
ARMY | BCMR | CY2012 | 20120008691
The available medical records consist of only two periodic physical examinations, dated 12 October 2001 and 5 July 2006. HRC Orders A-04-912129A01, dated 9 November 2009, amended the HRC Orders A-04-912129 to show an end date change from 6 April 2010 to 20 August 2009. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.
ARMY | BCMR | CY2012 | 20120008693
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. GCM Order Number 43, Headquarters, V Corps, dated 30 October 1985, shows the convening authority approved only so much of the sentence adjudged on19 September 1985 that provided for a DD, confinement for 40 months, forfeiture of all pay and...
ARMY | BCMR | CY2012 | 20120008694
His DD Form 214 shows he received: * Combat Infantryman Badge * Two overseas service bars * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Purple Heart (1st Award) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Air Medal (2nd Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation 5. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him...
ARMY | BCMR | CY2012 | 20120008695
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to clearly show his last name as "D----" and his Social Security Number (SSN) as "xx9-xx-xxxx" instead of "xx3-xx-xxxx." It states that the complete name and SSN of the separating service member would be entered on the DD Form 214. Therefore, it would be appropriate at this time to correct his DD Form 214 accordingly.
ARMY | BCMR | CY2012 | 20120008697
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show: * his rank as corporal (CPL) (permanent) * he completed the Airborne Infantry School and Geneva Conventions of 1949 training 2. There is no evidence of record and he provided insufficient evidence to show he never served as a labor foreman during his period of service.
ARMY | BCMR | CY2012 | 20120008698
The applicant requests his general discharge (GD) be upgraded to an honorable discharge (HD). On 29 January 1990, 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 commission of a serious offense. There is no evidence indicating the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within...
ARMY | BCMR | CY2012 | 20120008702
The applicant requests his DD Form 214 (Report of Separation from Active Duty) be corrected to show the last digit of his Social Security Number (SSN) is a 3 instead of a 2 as currently reflected. A review of his official records shows that all of the documents, including those prepared by the applicant, show that his SSN ended with the number 2. Additionally, there is no evidence in those records to indicate that the applicant ever indicated that his SSN was incorrectly reflected in...
ARMY | BCMR | CY2012 | 20120008709
Military Personnel Records and advisory opinions (if any). The applicant states he was never informed that his benefits could be transferred and he was never given the opportunity to do so. The policy further states the Secretaries of the Military Departments will provide active duty participants and members of the Reserve Components with qualifying active duty service individual pre-separation or release from active duty counseling on the benefits under the Post-9/11 GI Bill and document...
ARMY | BCMR | CY2012 | 20120008712
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) by removing the current narrative reason for separation "personality disorder," and adding "medical." The evidence shows he was honorably discharged by reason of a personality disorder, and his DD Form 214 correctly reflects this.
ARMY | BCMR | CY2012 | 20120008714
The applicant enlisted in the U.S. Army Reserve (USAR) on 11 February 2003, served on active duty for 4 months and 13 days and as an active member of a Troop Program Unit for 1 year, 11 months, and 27 days. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army and the U.S. Army Reserve for enlistment and reenlistment. Army Regulation 601-280 states that...
ARMY | BCMR | CY2012 | 20120008715
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all of his authorized awards and decorations, including the: * Purple Heart * Army Commendation Medal with "V" Device * two Bronze Star Medals * Combat Medical Badge * Republic of Vietnam Gallantry Cross with Palm Unit Citation 2. Nothing in several typical sources confirm he was wounded in action and/or treated for a combat injury/wound: * his DA Form 20...
ARMY | BCMR | CY2012 | 20120008727
The applicant requests, in effect, correction of his records to show eligibility to transfer his Post-9/11 GI Bill educational benefits under the Transfer of Educational Benefits (TEB) program to his son. The applicant states, in effect, he was not told about the option to transfer his Post-9/11 GI Bill educational benefits to his son at the time of his retirement. The advisory official outlined the applicant's service and the provisions for granting a transfer of benefits under Title 38,...
ARMY | BCMR | CY2012 | 20120008728
He applied to transfer his Post 9/11 GI Bill to his daughter, but was told by the VA that he could not transfer them because he was retired. The policy further states the Secretaries of the Military Departments will provide active duty participants and members of the Reserve Components with qualifying active duty service individual pre-separation or release from active duty counseling on the benefits under the Post-9/11 GI Bill, document accordingly, and maintain records for individuals who...
ARMY | BCMR | CY2012 | 20120008729
Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. 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 in the Republic of Vietnam on 8 February 1968 * Army Good Conduct Medal (1st Award) for the period 19 October 1966 to 15 October 1968 b....
ARMY | BCMR | CY2012 | 20120008730
The applicant requests, in effect, correction of his records to show he applied for the Post-9/11 GI Bill Transferability Program to transfer his educational benefits to his dependents before he was released from active duty on 30 September 2009. Therefore, it appears reasonable to presume that given the close proximity of the applicant's retirement on 30 September 2009 to the effective date of the Post-9/11 GI Bill on 1 August 2009, and given the fact that he was outprocessing and taking...
ARMY | BCMR | CY2012 | 20120008734
The evidence of record does not support the applicant's request for correction of his record to show he received a medical retirement, nor does it support his request for correction of item 9 of his final DD Form 214 to show he retired with more than 20 years of service. The applicant states the PEB failed to consider the physical profiles he received during his service; however, having had a temporary or permanent physical profile is not evidence of an unfitting condition. The record...
ARMY | BCMR | CY2012 | 20120008735
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests payment of his Officer Accession Bonus (OAB) of $10,000. Therefore, since he was already receiving SLRP benefits, his request for payment of an OAB was denied.
ARMY | BCMR | CY2012 | 20120008737
IN THE CASE OF: BOARD DATE: 8 November 2012 DOCKET NUMBER: AR20120008737 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Accordingly, he should be awarded the AGCM (1st Award) for the period 13 November 1967 to 23 August 1969 and his DD Form 214 should be corrected to show this medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the AGCM (1st Award) for the period of 13 November 1967 to 23 August...
ARMY | BCMR | CY2012 | 20120008740
The applicant states that during his retirement briefing, he was not informed that he had to transfer the benefit while he was still on active duty. He would have been eligible to transfer the benefits to his spouse or children before he retired, if he completed the request before leaving military 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 | 20120008741
The applicant requests: a. correction of his DA Form 597 (Army Senior Reserve Officers Training Corps (ROTC) NonScholarship Cadet Contract) and his National Guard Bureau (NGB) Form 594-1 (Army National Guard (ARNG) Simultaneous Membership Program (SMP) Agreement), to show he contracted as an SMP cadet effective 7 October 2009 versus 28 September 2009; b. cancellation of the recoupment of his non-prior service enlistment bonus that resulted from his incorrect SMP contract date; and c....
ARMY | BCMR | CY2012 | 20120008744
It limits the eligibility to transfer unused Post-9/11 GI Bill benefits to those members of the Armed Forces who were serving on active duty or as a member of the Selected Reserve on or after 1 August 2009 and who have 6 years of eligible service regardless of the reason for separation. Public Law 110-252, section 3319, provides the eligibility requirements necessary to transfer unused educational benefits to family members. DISCUSSION AND CONCLUSIONS: The applicant's request to correct...
ARMY | BCMR | CY2012 | 20120008745
BOARD DATE: 15 November 2012 DOCKET NUMBER: AR20120008745 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of her records to show her last name change. The evidence shows the applicant changed her last name on 2 April 2012, which was subsequent to her 30 November 2001 retirement.
ARMY | BCMR | CY2012 | 20120008746
The DD Form 2656 also shows his spouse concurred with his election and that he had two children. The applicant's request for correction of his records to show he elected to participate in the SBP for children-only coverage has been carefully considered. The evidence shows he completed a DD Form 2656 on 13 October 2009 in which he elected not to participate in the SBP and that his spouse concurred with his election.
ARMY | BCMR | CY2012 | 20120008747
Application for correction of military records (with supporting documents provided, if any). However, his DD Form 214 for the period ending 31 January 1996 shows he completed the basic Airborne training in 1982. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 14 of his DD Form 214 for the period ending 31 January 1996 to delete the entry "Basic Airborne School, 8 Weeks, 1982."
ARMY | BCMR | CY2012 | 20120008748
The applicant requests upgrade of his general discharge to an honorable discharge. On 27 September 1978, the applicant's commander recommended the applicant be separated from the service under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 5-31 (Expeditious Discharge Program) for the convenience of the government. The applicant contends his general discharge should be upgraded to an honorable discharge because he was sexually assaulted...
ARMY | BCMR | CY2012 | 20120008754
The applicant requests, in effect, correction of his records to show he applied for the Post-9/11 GI Bill Transferability Program to transfer his education benefits to his dependents before he was released from active duty on 31 October 2009. It is also reasonable to presume he would have transferred his education benefits to his dependents while he was on active duty had he known the requirements to do so, given that his spouse was eligible for the benefit. As a result, the Board...
ARMY | BCMR | CY2012 | 20120008758
Application for correction of military records (with supporting documents provided, if any). As stated in Docket Number AR20110009650, his discharge letter orders and an Army Reserve Personnel Data Review document were the only documents found in his military records containing an SSN. The available evidence shows the applicant used SSN "XXX-XX-2227" throughout his military service.
ARMY | BCMR | CY2012 | 20120008762
He provided his HOR as Louisville, Mississippi and his address at the time as Milwaukee, Wisconsin. His DD Form 4 for this enlistment shows both his HOR and place of entry as Milwaukee, Wisconsin. The evidence of record clearly shows the FSM was living in Milwaukee, Wisconsin, at the time of his entry into the Regular Army.
ARMY | BCMR | CY2012 | 20120008763
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service credit and award of the: * Overseas Service Bar * Armed Forces Service Medal * Armed Forces Expeditionary Medal * North Atlantic Treaty Organization (NATO) Medal * One Army Achievement Medal (AAM) 2. Award of the NATO Medal was authorized during the applicant's service in Bosnia. The Board further determined that the evidence presented is insufficient to...
ARMY | BCMR | CY2012 | 20120008764
The applicant requests cancellation/remittance of his Prior Service Enlistment Bonus (PSEB) recoupment. He goes on to state he was granted a transfer to the ING for 2 years with a return date of 1 January 2012 and he returned to duty in December 2011 after 23 months in the ING. He has not shown through the evidence of record or the evidence submitted with his application that his debt is in error or unjust.
ARMY | BCMR | CY2012 | 20120008769
The applicant requests his date of rank (DOR) to Chief Warrant Officer Two (CW2) be changed from 25 April 2012 to 15 August 2011. As a result, effective 7 January 2011, all initial appointments of WOs and promotion to higher grades, by warrant or commission, will be issued by the President. Section 502, Fiscal Year 2011 NDAA, authority for appointment of warrant officers in the grade of W-1 by commission and standardization of warrant officer appointment authority, mandates that all...
ARMY | BCMR | CY2012 | 20120008770
The MEB proceedings do not show a recommendation or any other entries by Army officials; f. a DA Form 199 (PEB Proceedings) that shows a PEB convened on 17 April 2007 to evaluate the applicant's type II diabetes, well controlled on oral agents: (1) the board found the applicant fit for duty and returned him to duty, and (2) the applicant concurred with the PEB findings and recommendations on 19 April 2007; g. a VA Rating Decision, dated 3 May 2008, that shows the following decisions were...
ARMY | BCMR | CY2012 | 20120008771
The applicant requests removal of the Noncommissioned Officer Evaluation Report (NCOER) for the period from 1 July 2008 to 12 February 2009 (hereafter referred to as the contested NCOER) from his Official Military Personnel File (OMPF). The applicant provides three letters in support of his request. The applicant's request to have the contested report removed from his OMPF was carefully considered, however, there is insufficient evidence to grant relief.
ARMY | BCMR | CY2012 | 20120008772
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show two awards of the Army Commendation Medal and a second award of the Army Good Conduct Medal. In the absence of any derogatory information on file that would have disqualified him, it would be appropriate to award him a second award of the Army Good Conduct Medal based on completion of a qualifying period of active Army service and correcting his DD Form 214 to show this award....
ARMY | BCMR | CY2012 | 20120008773
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. d. The applicant had an active SLRP contract at the time of contracting for the OAB which was in violation of the law referenced above and he is not eligible to retain the $10,000 OAB. Records show he signed an SLRP agreement on 26 July 2007 and an OAB addendum on 26 September 2008.
ARMY | BCMR | CY2012 | 20120008776
However, due to an error, he did not receive FEDREC until 3 January 2012 (though the effective date was 4 August 2009). As the NGB advisory opinion notes, WO appointments were put on hold for many months following the change in the law as the NGB made adjustments to its appointment process. The delay in processing the applicant's initial appointment to WO1 would have had the effect of delaying his eligibility for promotion to and FEDREC as a CW2.
ARMY | BCMR | CY2012 | 20120008778
During its original review of the case, the Board found no evidence suggesting the applicant could not perform her military duties while on active duty, and as a result there was insufficient evidence to show a medical retirement was warranted. As a result, absent any medical evidence confirming the applicant suffered from a disabling mental or physical condition that prevented her from performing her duties, there is insufficient evidence to support amendment of the original decision in...
ARMY | BCMR | CY2012 | 20120008780
The applicant requests: * removal of a DA Form 67-9 (Officer Evaluation Report (OER)) (Relief for Cause, covering the period 16 December 2007 through 24 June 2008, hereafter referred to as "the contested OER") from her Army Military Human Resource Record (AMHRR) * removal of a General Officer Memorandum of Reprimand (GOMOR) from her AMHRR 2. The restricted file ensures that an unbroken, historical record of a member's service, conduct, duty performance, evaluation periods, and corrections...
ARMY | BCMR | CY2012 | 20120008782
IN THE CASE OF: BOARD DATE: 27 November 2012 DOCKET NUMBER: AR20120008782 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. His record contains a DD Form 2707 (Confinement Order), dated 10 February 2009, which shows: * he had been assigned to B Company, 122nd Aviation Support Battalion, 82nd Combat Aviation Brigade, 82nd Airborne Division, Fort Bragg, NC * he was being confined as a result of a general court-martial * he was convicted of failing to obey a lawful order, enticing a minor into...