ARMY | BCMR | CY2012 | 20120009381
Additionally, a search of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders awarding him the Purple Heart. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States during the Vietnam War. ...
ARMY | BCMR | CY2012 | 20120009382
The applicant requests that his general discharge be upgraded to an honorable discharge. On 1 July 1985, the applicants commander notified him that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 9-2, alcohol abuse rehabilitation failure. There is no evidence in his official records to show that he applied to the Army Discharge Review Board for an upgrade of his discharge...
ARMY | BCMR | CY2012 | 20120009383
The applicant states that based on the findings of the appeal authority, Lieutenant General (LTG) WBC, Commander, Combined Arms Center and Fort Leavenworth, LTG WBC was not informed of the findings of the imposing authority, Major General (MG) GFM, Commander, U.S. Army Maneuver Center and Fort Leonard Wood, prior to making his own decision on the remaining charges. The imposing commander directed the original DA Form 2627 be filed in the performance section of the applicant's OMPF. There...
ARMY | BCMR | CY2012 | 20120009385
On 16 November 1973, the applicant was notified that the Army Discharge Review Board, after careful consideration of his military records and all other available evidence, determined he was properly discharged and denied his request for a discharge upgrade. Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) sets forth the basic policy for the separation of enlisted personnel: a. Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the...
ARMY | BCMR | CY2012 | 20120009388
The applicant had more than 23 years of service upon his retirement, so he was eligible to transfer benefits to either his spouse or children if he had completed the request before leaving military service. On 22 June 2009, DOD established the criteria for eligibility and transfer of unused educational benefits to eligible family members. 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...
ARMY | BCMR | CY2012 | 20120009390
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) to show his deployed overseas service in support of Operations Desert Shield/Desert Storm from August 1990 to May 1991. Therefore, it would be appropriate at this time to correct his DD Form 214 show the confirmed period of deployment.
ARMY | BCMR | CY2012 | 20120009393
IN THE CASE OF: BOARD DATE: 15 November 2012 DOCKET NUMBER: AR20120009393 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. During his discharge processing, he was sent to briefings about everything but transfer of education benefits. Transfer of his education benefits will help his family while he works and his wife completes college.
ARMY | BCMR | CY2012 | 20120009396
The applicant requests that his discharge under other than honorable conditions be upgraded to an honorable discharge. On 31 August 1978, the appropriate authority approved his request for discharge and directed that he be discharged under other than honorable conditions. There is no evidence in the available records to show he ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations.
ARMY | BCMR | CY2012 | 20120009398
The applicant requests, in effect, correction of her military records by voiding her U.S. Army Reserve (USAR) discharge orders and granting her promotion consideration to captain by a special selection board (SSB). It would be equitable to correct her records by forwarding her records to an SSB for consideration for promotion to captain under the applicable criteria, but only as recommended below. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2012 | 20120009401
The applicant states, in effect, at the time of retirement, he was not informed his GI Bill educational benefits were non-transferable after retirement from the Army National Guard (ARNG). This law limits eligibility to transfer unused benefits to those members of the Armed Forces who are serving on active duty or as a member of the Selected Reserve on or after 1 August 2009. c. The ARNG, DoD, and VA initiated a massive public campaign plan that generated major communications through...
ARMY | BCMR | CY2012 | 20120009402
Orders Number 059-0008, issued by Headquarters, 3rd Infantry Division and Fort Stewart, Fort Stewart, GA, on 28 February 2012, showed his rank/grade as SGT/E-5 and directed: * he be released from assignment and active duty because of physical disability incurred while entitled to basic pay under conditions that permitted his placement on the Temporary Disability Retired List (TDRL) * his effective date of retirement was listed as 24 April 2012 * he was to be placed on the retired list on 25...
ARMY | BCMR | CY2012 | 20120009409
Therefore, he would have been eligible to transfer his 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 | 20120009410
After a comparison of the PEB and VA-rated conditions and a review of the available medical records, the PDBR determined he was entitled to an increase in his disability rating to 20% for his low back pain condition and unanimously recommended no change from the PEB adjudications of not unfitting for all other MEB diagnoses. The PDBR reviewed the disability rating given to the applicant by the PEB and recommended his rating be increased to 20%. The PDBR recommendation was approved, and...
ARMY | BCMR | CY2012 | 20120009412
Application for correction of military records (with supporting documents provided, if any). He was retired for permanent physical disability on 1 February 2004. Although the evidence shows the applicant was diagnosed with diabetes mellitus type II, there is no evidence in the available record that shows his condition was sustained as a direct result of armed conflict, especially hazardous duty, training exercises that simulate war, or caused by an instrumentality of war.
ARMY | BCMR | CY2012 | 20120009417
The applicant, the adult disabled daughter of a deceased retired former service member (FSM), requests: * entitlement to her father's Survivor Benefit Plan (SBP) annuity and/or the Reserve Component SBP (RCSBP) annuity * transfer of her father's educational benefits to her * payment of any Department of Veterans Affairs (VA) pension funds and/or life insurance that is due * payment of funeral expenses that were not previously paid to her 2. The SBP provided that military members on active...
ARMY | BCMR | CY2012 | 20120009418
The applicant provides: * Promotion consideration memorandum, dated 2 November 2004 * HRC Officer Promotion Memorandum, dated 19 April 2012 * Second Non-selection Memorandum, dated 12 April 1999 * Reassignment to the Retired Reserve orders, dated 21 May 1999 * Election of Option statement, dated 1 June 1999 * Extract of Army Regulation (AR) 600-8-104 (Military Personnel Information Management/ Records) * Extract of AR 135-155 (Promotion of Commissioned Officers and Warrant Officers Other...
ARMY | BCMR | CY2012 | 20120009420
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. The applicant 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: * deleting from item 10c of his DD Form 214 the entry "11 JAN 68" and adding the entry "11 JAN 67" * awarding him the...
ARMY | BCMR | CY2012 | 20120009421
IN THE CASE OF: BOARD DATE: 13 December 2012 DOCKET NUMBER: AR20120009421 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Military Personnel Records and advisory opinions (if any). However, since he retired on 31 December 2006 which is prior to implementation of the Post-9/11 GI Bill, he is not eligible to transfer benefits to family members under this program.
ARMY | BCMR | CY2012 | 20120009429
Additionally, there is no evidence in the available record and the applicant has not provided any evidence showing he was awarded the Purple Heart. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Absent evidence that conclusively shows the applicant sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds...
ARMY | BCMR | CY2012 | 20120009431
The applicant states that the Army National Guard (ARNG) did not properly inform him during the time of his retirement that he could transfer his education benefits to his dependents prior to his retirement from the ARNG. The advisory official stated the applicant was eligible for Post-9/11 GI Bill benefits; however, he did not complete a request to transfer benefit on the Department of Defense's (DOD's) TEB online database before he left the service. Contrary to the basis for the approval...
ARMY | BCMR | CY2012 | 20120009433
On 20 October 2008, the applicant's immediate commander notified him that he was initiating action to separate him from the service under the provisions of paragraph 14-12(c) of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) for misconduct commission of serious offenses. The commander cited the following specific reasons and recommended a general discharge under honorable conditions: * willful disobedience of a lawful order (three times) * failure to report...
ARMY | BCMR | CY2012 | 20120009434
The applicant requests payment of the second half of his Non-prior Service Enlistment Bonus (NPSEB). c. Recommend the Board find in favor of the applicant and authorize correction of his military records and the final $10,000.00 payment of his enlistment bonus. 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: a. showing he is entitled to payment of the second half of his NPS...
ARMY | BCMR | CY2012 | 20120009436
The applicant's military record is not available to the Board for review. Historical unit records show the applicant's unit was assigned to and serving in Munich, Germany during the period of his overseas service, it is clear he served a qualifying period of service in Germany and is eligible to receive the AOM with Germany Clasp. _______ _ __x_____ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military...
ARMY | BCMR | CY2012 | 20120009439
b. correction of his WD AGO Form 53-98 (Military Record and Report of Separation - Certificate of Service) to show award of the Silver Star or the Medal of Honor if the upgrade is approved. The congressman was informed that on 1 March 2000, the Army Decorations Board determined the degree of action and service rendered did not meet the strict criteria for the proposed award (Medal of Honor) and recommended instead an award of the Silver Star for gallantry in action. Upon further review in...
ARMY | BCMR | CY2012 | 20120009440
The applicant requests removal of the DA Form 2166-8 (Noncommissioned Officer (NCO) Evaluation Report (NCOER)) covering the period 29 March 2010 through 10 December 2010 from her official military personnel file (OMPF). The applicant states: * The NCOER in question has multiple errors, it was done unfairly, and it was completed with prejudice * She requested a Commander's Inquiry and the investigating official recommended that the NCOER be removed from her records * The NCOER was held until...
ARMY | BCMR | CY2012 | 20120009442
On 5 November 1984, the applicant requested to be placed on voluntary excess leave pending completion of the appellate review. There is no indication the applicant petitioned the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. 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.
ARMY | BCMR | CY2012 | 20120009447
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * his rank/grade as something other than private (PV1)/E-1 * the Air Assault Badge * his attendance at Air Assault School * a Marksmanship Qualification Badge for the M-60 Machine Gun, M-72 Light Anti-Tank Weapon (LAW), and the M-203 Grenade Launcher 2. With respect to a Marksmanship Qualification Badge with Machine Gun Bar (M-60), his record is void of orders...
ARMY | BCMR | CY2012 | 20120009448
The applicant states: a. He was number 1 on the promotion list but on 16 October 2010 the AGR manager selected the number 2 Soldier on the promotion list to fill a MSG vacancy as he (the applicant) did not have 14 years of AFS. The evidence of record shows that although the applicant was number 1 on the MSG promotion list on 16 October 2010 and met the regulatory requirements in AR 600-8-19 for promotion the COARNG selected the Soldier who was number 2 on the promotion list for promotion...
ARMY | BCMR | CY2012 | 20120009450
The applicant states she completed 17 qualifying years of service toward non-regular retirement and she was transferred to the Retired Reserve for medical reasons. To be eligible for retired pay at age 60, under Title 10, U.S. Code, section 12731-12737, a Reserve Soldier or former Reserve Soldier must have completed 20 qualifying years of service, the last 8 of which must have been in a Reserve component. The evidence of record in this case confirms the applicant completed a total of 17...
ARMY | BCMR | CY2012 | 20120009454
Application for correction of military records (with supporting documents provided, if any). The applicant requests cancellation of his $8,743.16 indebtedness. The regulation further states the application must contain evidence regarding the following additional factors which are considered in determining injustice: * The applicant did not know, and could not have known, of the error * The applicant inquired of a proper authority and was told that the payment was correct * Repayment will...
ARMY | BCMR | CY2012 | 20120009455
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 17 December 1973 to show his primary specialty number as 12B4S instead of 12B45. The applicant's DA Form 20 (Enlisted Qualification Record) shows in: * item 22 (Military Occupational Specialties) his PMOS as 12B4S, effective 20 July 1970 * item 38 (Record of Assignments) he attended Phase I and Engineer Special Forces training from 10 February through 15 August 1969 while...
ARMY | BCMR | CY2012 | 20120009459
He further states he was briefed on the Post-9/11 GI Bill TEB, but he was not informed that he had to be on active duty to transfer the benefits. The applicant had more than 20 years of service upon his retirement; therefore, he was eligible to transfer benefits to either his spouse or his children (if he completed the request before leaving military service). The evidence of record shows the applicant was eligible to transfer his educational benefits to his family members under the TEB...
ARMY | BCMR | CY2012 | 20120009461
On 24 January 1998, he was retired and transferred to the TDRL due to temporary disability on 25 January 1998. The applicant was placed on the TDRL in January 1998 and would have been advised that it was his responsibility to keep the USAPDA informed of his current address and that failure to report for scheduled physical examinations could result in the termination of retired pay. Accordingly, the USAPDA removed him from the TDRL in January 2003 when he had served the maximum time allowed...
ARMY | BCMR | CY2012 | 20120009464
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as xx August 19x4 vice xx September 19x5. Item 4 (DOB) of the DD Form 214 (Report of Separation from Active Duty) he was issued for this period of service shows his DOB as xx September 19x5. _______ _ X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military...
ARMY | BCMR | CY2012 | 20120009482
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) to show that he served in Iraq, all of his awards and decorations, and his correct mailing address. There is no evidence of record, and the applicant provides insufficient evidence, to show he was awarded the Army Achievement Medal.
ARMY | BCMR | CY2012 | 20120009484
He also stated: * If the applicant's nomination had not been withheld, he would have been confirmed by the Senate for a COE on 22 December 2010 * He was not assigned to a BG position * NGB extended Federal recognition and promoted him on 1 July 2011 * MEB Commander billets are authorized as a COL billet when not deployed and as a BG billet when deployed * He was ordered to active duty as the Commander of the 26th MEB on 12 February 2011 * NGB recommends an adjustment date of rank effective...
ARMY | BCMR | CY2012 | 20120009488
Application for correction of military records (with supporting documents provided, if any). The DD Form 214 he was issued at the time reflects the SSN under which he served his entire period of service. At the time the applicant enlisted in the RA he provided the SSN that is reflected on his DD Form 214 and all other documents contained in his military record.
ARMY | BCMR | CY2012 | 20120009492
The applicant's record contains two Letters of Instruction Unexcused Absence, dated 16 November 1982 and 11 October 1983. a. The commander also noted the applicant's medical records were not on file at the unit. His military medical records are not available for the Board's review; neither does his record contain the results of a line of duty investigation as it pertained to his on-the-job injury.
ARMY | BCMR | CY2012 | 20120009493
A duly-constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) that shows he was discharged on 2 April 1997 under the provisions of Army Regulation 635-200, chapter 14-12c by reason of misconduct - commission of a serious offense with a character of service of under other than honorable conditions. However, there is no evidence in his records that shows he was any less mature than other Soldiers who successfully completed their service. Therefore, there is...
ARMY | BCMR | CY2012 | 20120009494
A DA Form 4856 (Developmental Counseling Form), dated 31 May 2007, shows the applicant was counseled for violating Policy Letter Number 15-16. The applicant was accordingly discharged on 27 September 2007 under the provisions of Army Regulation 635-200, paragraph 5-17, based on a physical condition, not a disability, with an uncharacterized discharge. It identifies the SPD of "JFV" as the appropriate code to assign to enlisted Soldiers administratively discharged under the provisions of...
ARMY | BCMR | CY2012 | 20120009496
Army Regulation 600-8-22 (Military Awards) provides the Purple Heart is awarded for a wound sustained as a result of hostile action. His service record is void of evidence and he has not provided any evidence that shows he was wounded as a result of hostile action and treated for those wounds. _______ _ 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 | 20120009497
It states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. 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. 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...
ARMY | BCMR | CY2012 | 20120009502
A DA Form 5074-1-R (Record of Award of Entry Grade (Health Services Officers)), dated 24 July 2009, shows she qualified for appointment to the MSC in the rank of CPT with award of no constructive credit for the rank of CPT. The advisory official stated the applicant's DOR adjustment was the result of her reappointment from the MSC to the AMSC on 28 April 2010. She contends, in effect, that she should receive credit for prior commissioned service including that in the rank of 1LT while...
ARMY | BCMR | CY2012 | 20120009504
The applicant requests correction of his record to authorize payment of the second half of his enlistment bonus. The applicant states when he enlisted in the Oklahoma Army National Guard (OKARNG) he was told he was authorized a $15,000.00 enlistment bonus. As a result, the Board recommends that all State Army National Guard and Department of the Army records of the individual concerned be corrected by showing he signed his DD Form 4 and Annex X, Bonus Addendum on 5 June 2008, and by paying...
ARMY | BCMR | CY2012 | 20120009505
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 Army Commendation Medal. There is no evidence of record that shows he was awarded or recommended for award of the Army Commendation Medal. In the absence of orders, the Army Commendation Medal Certificate he provided is insufficient to correct his DD Form 214 to show this award.
ARMY | BCMR | CY2012 | 20120009506
The applicant states his combat service in the Republics of Korea and Vietnam are not documented in his military records. The evidence of record further shows he served in the Republic of Korea, from 16 October 1971 to 15 November 1972; however, this service is not reflected in items 19 or 27 of his last DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending item 19 of his DD Form 214, for the period...
ARMY | BCMR | CY2012 | 20120009508
The following forms in his Military Personnel Record Jacket (MPRJ) show his SSN with the last four digits as 8048: * DD Form 398 (Statement of Personal History) * a completed DA Form 3027 (U.S. Army Request for National Agency Check) * DA Form 41 (Record of Emergency Data) * DA Form 20 (Enlisted Qualification Record) 4. _____________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...
ARMY | BCMR | CY2012 | 20120009509
He states he was informed that 8 months after discharge his GD would be upgraded to an HD. The DD Form 214 he was issued at the time shows he was discharged under the provisions of Army Regulation 635-200, paragraph 7-17b(3), by reason of fraudulent entry with a GD. Soldiers separated under this chapter may be awarded an HD, a GD, or a discharge under other than honorable conditions.
ARMY | BCMR | CY2012 | 20120009514
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 24 July 1970 to show his foreign service. The VA notes are based on a history he provided over 40 years after his release from active duty. Therefore, there is insufficient evidence to add foreign service to his DD Form 214.
ARMY | BCMR | CY2012 | 20120009515
Application for correction of military records (with supporting documents provided, if any). The applicant states his DOB on his DD Form 214 should be 27 November 1936. He has provided no evidence to show his DOB is in error.