ARMY | BCMR | CY2012 | 20120001329
The applicant requests, in effect, an exception to policy to transfer his educational benefits to eligible dependents under the Transfer of Education Benefits (TEB) provisions of the Post 9/11 GI Bill. The applicant contends his records should be corrected to allow him, as an exception to policy, to transfer his educational benefits to eligible dependents under the TEB provision of the Post 9/11 GI Bill. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2012 | 20120001330
The applicant did not provide any evidence. 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. Notwithstanding the applicant's contention and his sincerity, in the absence of additional documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, there is insufficient evidence upon which to base award...
ARMY | BCMR | CY2012 | 20120001332
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 Combat Infantryman Badge (CIB) and to add the 1960 Device to his already-awarded Republic of Vietnam (RVN) Campaign Medal. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service. As a result, the board...
ARMY | BCMR | CY2012 | 20120001333
He also states he believes that he should be awarded the ASR for his 11 months of service. Army Regulation 600-8-22 (Military Awards) states the Army Service Ribbon is awarded to those personnel who complete the required initial entry training for award of a military occupational specialty (MOS) other than a training MOS. The applicant has failed to show through the evidence submitted with his application and the evidence of record that he completed his initial entry training as an...
ARMY | BCMR | CY2012 | 20120001334
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 served a qualifying period of service for award of the Republic of Vietnam Campaign Medal with "1960" Device which is not shown on his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding...
ARMY | BCMR | CY2012 | 20120001335
IN THE CASE OF: BOARD DATE: 10 July 2012 DOCKET NUMBER: AR20120001335 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. He states that [as of the date of his application] he had been discharged for 7 months. _______ _ 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 | 20120001337
Under Secretary of Defense (Personnel and Readiness) memorandum, dated 20 September 2011, Subject: Correction of Military Records Following Repeal of Section 654 of Title 10, U.S. Code, provides policy guidance for Service Discharge Review Boards (DRBs) and Service Boards for Correction of Military/Naval Records (BCM/NRs) to follow when taking action on applications from former service members discharged under Don't Ask, Don't Tell (DADT) or prior policies. When appropriate Soldiers...
ARMY | BCMR | CY2012 | 20120001338
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release of Discharge from Active Duty) for the period ending on 17 May 2010 to show the: * Valorous Unit Award (VUA) * Combat Action Badge (CAB) * Army Achievement Medal (AAM) * Armed Forces Expeditionary Medal (AFEM) * Iraq Campaign Medal (ICM) with two bronze service stars 2. He provided a DA Form 638, dated 3 July 2003, that shows Permanent Order Number 362-001, issued by the 44th Air Defense Artillery...
ARMY | BCMR | CY2012 | 20120001340
On 5 June 1978, at a mental status evaluation, the applicant's behavior was found to be normal. On 11 August 1978, the applicant's commander notified him that he was recommending him for separation under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 14-33b(1) due to his frequent incidents of a discreditable nature with civil or military authorities. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently...
ARMY | BCMR | CY2012 | 20120001341
IN THE CASE OF: BOARD DATE: 2 August 2012 DOCKET NUMBER: AR20120001341 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add award of the Korea Defense Service Medal (KDSM) and Armed Forces Expeditionary Medal (AFEM). The KDSM is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic...
ARMY | BCMR | CY2012 | 20120001342
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following: * North Atlantic Treaty Organization (NATO) Medal * Armed Forces Service Medal (AFSM) * Armed Forces Expeditionary Medal (AFEM) * Global War on Terrorism Service Medal (GWOTSM) * Army Good Conduct Medal (AGCM) * Noncommissioned Officer (NCO) Professional Development Ribbon (NPDR) * Army Achievement Medal (AAM) (2nd award) * Primary Leadership Development Course...
ARMY | BCMR | CY2012 | 20120001343
Army Regulation 600-8-22 (Military Awards): a. This regulation provides for award of the National Defense Service Medal for honorable active duty service for any period between 1 January 1961 through 14 August 1974. c. Appendix B of this regulation shows that based on the applicant's dates of service in the RVN he participated in the following two campaign periods: the Vietnam Summer-Fall 1969 and the Vietnam Winter-Spring 1970. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2012 | 20120001346
The applicant provides copies of his 30 September 2002 DD Form 149 (Application for Correction of Military Record); an Operation Joint Task Force, Kuwait Certificate of Achievement; an Army Achievement Medal certificate, dated 23 November 1999; a 10 September 2002 DD Form 214; a 31 August 2005 DD Form 214; and an August 2006 Honorable Discharge Certificate. The Global War on Terrorism Service Medal is authorized for Soldiers on active duty for 30 consecutive or 60 nonconsecutive days on or...
ARMY | BCMR | CY2012 | 20120001354
The applicant requests, in effect, the award of the Combat Infantryman Badge (CIB). Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.
ARMY | BCMR | CY2012 | 20120001361
The applicant states: * the Legion of Merit was awarded after his retirement * the Korea Defense Service Medal was approved after he retired 3. The applicant provides: * DD Form 214 * Officer Record Brief * Retirement Orders * Orders awarding the Legion of Merit with Oak Leaf Cluster * Letter of Commendation, Korea Ministry of National Defense CONSIDERATION OF EVIDENCE: 1. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...
ARMY | BCMR | CY2012 | 20120001363
VAARNG Orders 212-005 discharged the applicant from the Army National Guard, effective 24 July 2009, and placed him in the Retired Reserve the following day. A 529th CSSB Memorandum for Record, dated 18 August 2011, states that at the time of the applicant's retirement the VAARNG did not have a retirement briefing program. A year prior to his retirement the applicant requested and was denied an extension of his mandatory removal date.
ARMY | BCMR | CY2012 | 20120001364
IN THE CASE OF: BOARD DATE: 2 August 2012 DOCKET NUMBER: AR20120001364 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his records be corrected to reflect his new name. ABCMR Record of Proceedings (cont) AR20120001364 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120001364 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2012 | 20120001369
IN THE CASE OF: BOARD DATE: 26 July 2012 DOCKET NUMBER: AR20120001369 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of her DA Form 2173 (Statement of Medical Examination and Duty Status), dated 5 May 2011, to reflect that her injury may result in a claim. She requests the DA Form 2173 be changed to show her injury is likely to result in a claim.
ARMY | BCMR | CY2012 | 20120001370
The applicant requests that his records be corrected by show entitlement to the Purple Heart and Combat Infantryman Badge. 1 year, 11 months, and 10 days of creditable active duty service from 13 February 1952 through 1 February 1954; c. 1 year, 10 months, and 4 days of foreign service; d. award of the Korean Service Medal with two bronze service stars, United Nations Service Medal, and the National Defense Service Medal; e. his most significant duty assignment was with the Heavy Mortar...
ARMY | BCMR | CY2012 | 20120001371
The evidence of record shows during his deployments to Kuwait and Iraq he participated in four campaigns. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from the applicant's DD Form 214 the Iraq Campaign Medal; and b. adding to his DD Form 214 the Valorous Unit Award and Iraq Campaign Medal with four bronze service stars. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true and...
ARMY | BCMR | CY2012 | 20120001373
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. Code of Federal Regulations Title 38, Section 3.12 (a) provides for an administrative determination by the VA that an "other than honorable discharge was issued under conditions other than dishonorable" to establish basic eligibility for VA benefits. His conviction and discharge were effected in accordance with...
ARMY | BCMR | CY2012 | 20120001374
The applicant requests, in effect, correction of his military records to show he transferred his Montgomery GI Bill (MGIB) benefits to his son prior to retirement under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. The policy further states the Secretaries of the Military Departments will provide AD participants and members of the Reserve Components with qualifying AD service individual pre-separation or release from AD counseling on the benefits under the...
ARMY | BCMR | CY2012 | 20120001378
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 29 October 1979 to show his: * social security number (SSN) as "yyy-yy-2543" (a completely different number) instead of "xxx-xx-2421" * date of birth (DOB) as "25 March xxxx" instead of "25 May xxxx" 2. The evidence of record shows upon his initial enlistment in the NJARNG and entry on active duty the applicant listed his SSN as "xxx-xx-2421" and his DOB as "25...
ARMY | BCMR | CY2012 | 20120001381
He indicated that he had at least 15 but less than 20 qualifying years of service for retired pay with the last 6 years having been creditable Reserve service (good years). On 7 May 2008, officials at HRC-STL advised him that his records indicated he had completed 19 years of creditable active service and that the remaining 6 years of Selected Reserve service must be good years to qualify for nonregular retirement. Since the applicant did not complete 20 qualifying years of service or...
ARMY | BCMR | CY2012 | 20120001384
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 AR20110002654 on 28 July 2011. In this case, the applicant's name is not shown on the Vietnam casualty listing, his DA Form 20 does not show he was wounded in action, his medical records are not available for review with this case, and his service record is void of orders that show he...
ARMY | BCMR | CY2012 | 20120001408
The applicant requests an upgrade of his bad conduct discharge to an honorable discharge. His DD Form 214 (Report of Separation from Active Duty) shows he was discharged as a result of court-martial under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Separations), with an under other than honorable conditions characterization of service, and issued a Bad Conduct Discharge Certificate. His conviction, confinement, and discharge were effected in accordance with...
ARMY | BCMR | CY2012 | 20120001409
The applicant states: * he had to choose between the Army or his wife which resulted in him receiving an under other than honorable conditions discharge * he was not able to consult with counsel about his RE code and the effect it would have on his reenlistment in the Army * his request for discharge in lieu trial by court-martial should not preclude him from reentering in the Army 3. On 10 August 2006, after consulting with counsel, the applicant voluntarily submitted a request for...
ARMY | BCMR | CY2012 | 20120001410
The applicant requests: a. adjustment of her Health Professions Pay Entry Date (HPPED) or finance Medical Specialty (MS)-Pay-Date and b. correction of her Officer Record Brief (ORB) to show 248 months of active Federal service (AFS). The evidence shows she entered active duty on 19 August 1996 with 4 years, 8 months, and 6 days of prior active service as a veterinarian. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...
ARMY | BCMR | CY2012 | 20120001411
He wants to be awarded the CIB for his service in Somalia because prior to 2006 the dates for award of the CIB for Somalia were from June 1993 to October 1995. There is no evidence in his service personnel record that shows he was recommended for or awarded the CIB. However, there is no evidence in his military personnel records and he did not submit sufficient evidence that shows he was personally present while serving in his assigned infantry duty in an infantry unit that was actively...
ARMY | BCMR | CY2012 | 20120001413
On 12 April 2006, the Army Discharge Review Board (ADRB) considered the applicant's request for an upgrade of his discharge. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) paragraph 2-9 provides that the Board begins its consideration of each case with the presumption of administrative regularity. A subsequent review of his discharge in 2006 by the ADRB found that the commander had improperly considered the applicant's misconduct during a previous period of...
ARMY | BCMR | CY2012 | 20120001414
The applicant provides: * Defense Finance and Accounting Service Military Leave and Earnings Statement for a payment on 30 August 1996 * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) with an effective date of 15 November 1996 * Certificate of Retirement, dated 13 March 2006 * Army National Guard (ARNG) Retirement Points History Statement prepared on 14 October 2008 * letter from Transition and Separations Branch, U.S. Army Human Resources Command (HRC),...
ARMY | BCMR | CY2012 | 20120001415
The applicant requests, in effect, military occupational specialty (MOS) 11B (Infantryman) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 9 September 2011. As stated on his Enlisted Record Brief (ERB), his primary MOS on his date of separation was 11B and his secondary MOS was 11C (Infantry Indirect Fire Crewman). The applicant provides: * DD Form 214 * ERB CONSIDERATION OF EVIDENCE: 1.
ARMY | BCMR | CY2012 | 20120001417
The FSM served a period of qualifying service for award of the NDSM. Even if it could be determined the FSM was awarded the AOM with Japan Clasp for service in Korea, that fact offers no help in determining entitlement to the KSM. The time period for award of the AOM for Korea expired on 29 June 1949; the time period for award of the KSM is 27 June 1950 and 27 July 1954.
ARMY | BCMR | CY2012 | 20120001419
The applicant requests correction of his records to show he changed his Survivor Benefit Plan (SBP) coverage from "spouse" to "former spouse" within 1 year of his divorce. His spouse did not authenticate this form as required by law when a member is married and elects children-only coverage, does not elect full spouse coverage, or declines coverage. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he elected SBP...
ARMY | BCMR | CY2012 | 20120001430
The applicant's military records are not available to the Board for review. Regrettably, absent evidence which conclusively shows he sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is insufficient basis for awarding the Purple Heart to the applicant in this case. Therefore, the Board requests that the ARBA CMD administratively correct the...
ARMY | BCMR | CY2012 | 20120001432
Counsel provides copies of: * an order from the Court of Common Pleas of Philadelphia County, Pennsylvania, Family Court Division * an affidavit from the applicant * Spousal Concurrence Statement, dated 28 June 1986 * an affidavit from the applicant's daughter * a letter from the Army Board for Correction of Military Records (ABCMR) with enclosure Record of Proceedings (ROP) Docket Number AR20110005896 CONSIDERATION OF EVIDENCE: 1. e. On 30 September 2010, the applicant made application to...
ARMY | BCMR | CY2012 | 20120001434
Counsel provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Counsel's request for information from the Department of the Army under the Freedom of Information Act (FOIA) * Letter from the FOIA Program Manager to the applicant's counsel * Complete Army Regulation 15-6 (Procedures for Investigating Officers and Board of Officers) investigation with allied documents and legal review * Notification of the Initiation of Elimination Action * Army Discharge Review Board...
ARMY | BCMR | CY2012 | 20120001435
The applicant requests correction of his military records to show he was awarded the Soldier's Medal (SM). In one of the affidavits in support of the DA Form 638, the grandfather of the child who was struck by the car stated that the applicant ran from his car, crossed the street through traffic and jumped in front of the moving car. The applicant contends that his military records should be corrected by showing he was awarded the SM for his heroic act on 23 December 1976.
ARMY | BCMR | CY2012 | 20120001436
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 AR20110006613 on 11 October 2011. The two WD AGO Forms 234 and VA Rating Decision provided by the applicant are new evidence which require that the Board reconsider his request. As such, in the absence of corroborating evidence of record which shows the applicant was wounded or injured...
ARMY | BCMR | CY2012 | 20120001438
IN THE CASE OF: BOARD DATE: 26 July 2012 DOCKET NUMBER: AR20120001438 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded to a member of the Armed Forces of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed or who has died or may die after being wounded in any action against an enemy of the United States. His record is void...
ARMY | BCMR | CY2012 | 20120001439
The applicant requests correction of his records to show that he enrolled his spouse in the Survivor Benefit Plan (SBP) in a timely manner. Records show that during the applicant's retirement processing in 1995 he completed an application for retired pay. There is no evidence the applicant submitted an application to enroll in SBP with spouse coverage within 1 year of the date of their marriage.
ARMY | BCMR | CY2012 | 20120001440
He departed Vietnam on 11 August 1969 for assignment to Fort Carson, Colorado where he remained until he was honorably released from active duty (REFRAD) on 13 March 1970 due to the expiration of his term of service (ETS). The requirements for award of the Purple Heart require that the medical treatment must have been made a matter of official record and there is no such evidence present in the available records. Therefore, in the absence of such evidence there is an insufficient basis to...
ARMY | BCMR | CY2012 | 20120001441
The applicant, the former spouse of a deceased former service member (FSM), requests reconsideration of her previous request for correction of the FSM's records to show he changed his Survivor Benefit Plan (SBP) annuity election from "spouse" to "former spouse" coverage within 1 year of his divorce. In their response, DFAS made the following points: * the FSM originally elected SBP coverage for his spouse * upon their Judgment of Divorce, dated 6 February 1997, the applicant lost her...
ARMY | BCMR | CY2012 | 20120001442
He was also authorized VSI payments for 27 years. The evidence of record shows the applicant received VSI payments through June 2001. There is no evidence in his records and he did not provide any evidence that shows he reenlisted in the USAR on or after 31 May 2001; therefore, his entitlement to VSI payments ended because he was no longer a member of the USAR.
ARMY | BCMR | CY2012 | 20120001444
The applicant requests change of the effective date of his advancement on the Retired List to the rank/grade of staff sergeant (SSG)/E-6 from 24 November 2008 to 1 December 1998 and payment of back pay to that date. Title 10, U.S. Code, section 1552(b), provided that applications for correction of military records must be filed with 3 years after discovery of the alleged error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for...
ARMY | BCMR | CY2012 | 20120001447
The applicant provides copies of: a. a letter from the Board with Record of Proceedings (ROP), dated 11 August 2011, notifying her of denial; b. an email communication between the applicant and another Army officer, dated 20 May and 11 June 2010; c. an email communication between the Commander, Special Troops Battalion (STB) and the Brigade Combat Team (BCT) trial counsel, subject: Commander's Inquiry, dated 26 May 2010; d. a Memorandum for Record, dated 19 September 2010, written by an Army...
ARMY | BCMR | CY2012 | 20120001448
The applicant provides: * DA Form 3349 (Physical Profile) * Standard Form (SF) 600 (Health Record - Chronological Record of Medical Care) (11 pages) * MEB and PEB * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Department of Veterans Affairs (VA) Rating Decision * PDBR Record of Proceedings with enclosures * Army Review Boards Agency (ARBA) denial letter and DD Form 149 (Application for Correction of Military Record) * Response to first denial with filing with both the...
ARMY | BCMR | CY2012 | 20120001451
ARMY | BCMR | CY2012 | 20120001452
He completed 2 years of total active service. The applicant was wounded in action in Vietnam and he was awarded the Purple Heart while serving in an infantry MOS with an infantry company. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Form 214 the Vietnam Service Medal; b. awarding him the Combat Infantryman Badge for actions on 19 April 1969; and c. adding to his DD Form 214 the: * Vietnam...
ARMY | BCMR | CY2012 | 20120001453
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * Presidential Unit Citation * Four awards of the Purple Heart * Special Operations Commemorative Medal * Joint Service Commendation Medal * Korea Defense Service Medal * Air Assault Badge * Republic of Vietnam Gallantry Cross 2. Additionally, it would also be appropriate to amend GO Number 162, issued by Headquarters, 12th Support Brigade, Fort Bragg, NC, on 12...