ARMY | BCMR | CY2012 | 20120011871
The VA initially awarded him a disability rating of 80 percent but he currently has a disability rating of 100 percent, unemployability, with an effective date equal to the date of his release from active duty, 10 June 2009. The Army rates only conditions determined to be physically unfitting at the time of discharge which disqualify the Soldier from further military service. When identified, diagnosed, evaluated, and rated, a disability rating assigned by the Army is based on the level of...
ARMY | BCMR | CY2012 | 20120011872
On 27 October 1987, her immediate commander initiated separation action against her in accordance with Army Regulation 635-200 by reason of unsatisfactory performance with an honorable discharge. On 16 November 1987, the separation authority approved the applicant's discharge under the provisions of Army Regulation 635-200 by reason of unsatisfactory performance with her service characterized as honorable. The available evidence shows the applicant was unable to pass the APFT during training.
ARMY | BCMR | CY2012 | 20120011874
Department of the Army GO (DAGO) awarded the applicant's unit of assignment in Vietnam, the 2nd Squadron, 11th Armored Cavalry Regiment, the following awards: * Valorous Unit Award, for valor from 1 May to 29 June 1970, based on DAGO Number 43, dated 1972 * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service from 1 May 1969 to 15 February 1970, based on DAGO Number 50, dated 1971 and for service from 1 March to 30 October 1970, based on DAGO Number 55, dated 1971 20. He...
ARMY | BCMR | CY2012 | 20120011876
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his: * second deployment to Iraq from 27 June to 31 October 2008 * completion of the Warrior Leader Course 2. It states for: a. item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214; and b. item 14, from the ERB, shows formal in-service (full-time attendance) training courses successfully completed during the period of...
ARMY | BCMR | CY2012 | 20120011877
Military Personnel Records and advisory opinions (if any). The applicant requests correction of his military records to allow transferability of his Post 9/11 GI Bill benefits to his dependents. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's 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.
ARMY | BCMR | CY2012 | 20120011882
The applicant requests his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) for the period ending 28 November 1945 be corrected to show the Northern France campaign. Item 32 (Battle and Campaigns) of his WD AGO Form 53-55 shows he participated in the Ardennes, Rhineland, and Central Europe campaigns. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows the applicant's unit, the 87th...
ARMY | BCMR | CY2012 | 20120011888
The applicant requests item 4a (Grade, Rate or Rank) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 March 1999 be corrected to show first sergeant instead of master sergeant. Title 10, U.S. Code, section 3961(b) states that, unless entitled to a higher retired grade under some other provision of law, a Regular or Reserve of the Army not covered by section 3961(a) (which discusses commissioned officers) who retires other than for physical...
ARMY | BCMR | CY2012 | 20120011895
Counsel requests correction of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) and National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) to: * Remove the narrative reason for separation as adjustment disorder * Show he was retired by reason of physical disability (post-traumatic stress disorder (PTSD)) instead of honorably discharged by reason of other designated physical or mental conditions * Entitlement to back retired pay and...
ARMY | BCMR | CY2012 | 20120011898
The applicant requests correction of the records of her former husband, a former service member (FSM), to show he elected former spouse coverage under the Survivor Benefit Plan (SBP) and payment of the SBP annuity based on his death. Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage (without the members agreement) in those cases where the retiree had elected spouse coverage at retirement or was still on active duty and had not yet made an SBP...
ARMY | BCMR | CY2012 | 20120011900
He goes on to state the first half of his bonus was paid; however, when the second half of his bonus came due, it was denied because the certifying signatures were missing from the bonus addendum. He continued to serve on active duty, he was promoted to the rank of captain on 1 October 2003, and he was deployed to Iraq from 20040310 - 20050318. While the available evidence indicates the agreement was not signed by the appropriate authority or a witness, it was signed by the applicant and...
ARMY | BCMR | CY2012 | 20120011907
Application for correction of military records (with supporting documents provided, if any). Following MOS training and an assignment to Fort Leonard Wood, MO, he served in Vietnam from on or about 11 September 1965 to 10 September 1966. The governing regulation provides that the DD Form 214 will show the active duty rank and pay grade at the time of the Soldier's separation.
ARMY | BCMR | CY2012 | 20120011911
His DD Form 214 for this period of service shows he completed 6 months of active service. On 8 July 1963, the applicant's immediate commander initiated separation action against him under the provisions of Army Regulation 635-208 (Personnel Separations - Discharge - Unfitness) by reason of unfitness. Multiple self-authored letters describing his military service and the challenges he is currently having with the VA. b. VA rating decision, dated 24 March 2010, that shows the applicant is...
ARMY | BCMR | CY2012 | 20120011923
The evidence of record shows the applicant was awarded the Army Commendation Medal for meritorious service while deployed in support of OIF from 20 May to 15 November 2006. The applicant distinguished herself by her conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service for award of the Army Good Conduct Medal (1st Award) from 27 October 2005 to 25 September 2007, as evidenced by: a. she was promoted to PFC (E-3) with 10 months of active duty; b....
ARMY | BCMR | CY2012 | 20120011926
Application for correction of military records (with supporting documents provided, if any). The applicant states: * he served as a cavalry scout with the 2nd Armored Cavalry Regiment in combat operations * he is eligible for the Combat Infantryman Badge * he had the chance to receive the award in 2006, but at the time he did not want to appear to be another medal hunter * now he would like the Combat Infantryman Badge to be shown on his DD Form 214 (Certificate of Release or Discharge from...
ARMY | BCMR | CY2012 | 20120011928
She received her initial counseling by the G-3 who informed her that her rater was LTC U----. [The applicant] was assigned duties to support the G-3 section, but did not perform those duties. On 30 January 2009, a board of separation was convened and found: a. the applicant FOLO on 13 September 2006 to report for a command directed mental health referral; b. the applicant FOLO in November 2005 to attend conflict training; c. the applicant was AWOL from 1 March to 24 April 2007; d. the...
ARMY | BCMR | CY2012 | 20120011933
The applicant states: * the Board's denial of his request does not make any sense to him * he never stated he was sorry for anything he did in Iraq * he does not recall submitting an explanation for his request to upgrade his discharge when he approached M---- S----- for assistance * he requested to leave the Army because of a pending court-martial * after serving almost 4 years and earning the rank/grade of sergeant (SGT)/E-5 he was finally accepted to work with the U.S. Army Criminal...
ARMY | BCMR | CY2012 | 20120011934
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 AR20110022035, on 1 May 2012. On 14 October 2009, in response to his petition to be retired and receive retired pay in the highest grade satisfactorily held (CPT), the Board granted him relief in the form of a correction of his records to show he was retired in the highest grade he had...
ARMY | BCMR | CY2012 | 20120011935
The applicant requests correction of his date of rank (DOR) and effective date for promotion to major (MAJ)/pay grade O-4 from 27 April 2011 to 1 May 2010 with all back pay and allowances due as a result of the correction. c. In accordance with Army Regulation 140-315 (Employment and Utilization of U.S. Army Reserve Military Technicians), military technicians must be assigned to a specific position which supports both their military and technician status. The evidence of record shows the...
ARMY | BCMR | CY2012 | 20120011936
e. He attempted to resolve the matter with United Airlines and he was assured that the improper fare was an internal airline issue whereby the agent did not follow the rules of the fare which does not allow the use of a personal, non-government issued credit card for the issuance of a government fare. Findings: * Article 132 (Frauds Against the United States) the evidence does not support any violation * Article 133 (Conduct Unbecoming an Officer and Gentleman) circumstantial evidence...
ARMY | BCMR | CY2012 | 20120011942
The applicant requests, in effect, correction to his military record to show he served in Thailand and any awards associated with that service. The evidence of record shows the applicant served in Hawaii from 16 September 1961 through 8 April 1963. He was discharged on 11 April 1963 and provided a DD Form 214 denoting this foreign service with the entry of USARPAC in Item 24c.
ARMY | BCMR | CY2012 | 20120011948
Application for correction of military records (with supporting documents provided, if any). Based on the foregoing, there is insufficient evidence to grant the applicant's request for terminating enrollment in the SBP in this case. However, he is not precluded from exercising his option to disenroll from the SBP with his wife's notarized concurrence during the 1-year period following the second anniversary of receipt of his retired pay without repayment of premiums.
ARMY | BCMR | CY2012 | 20120011949
Application for correction of military records (with supporting documents provided, if any). During the processing of this case, a staff advisory opinion was obtained from the National Guard Bureau (NGB) which opined that the applicant was eligible to transfer his education benefits prior to his retirement and recommended that he be allowed to do so. He retired from the Army on 20 June 2011 and there is no record of his transferring his educational benefits prior to his retirement.
ARMY | BCMR | CY2012 | 20120011951
IN THE CASE OF: BOARD DATE: 8 January 2013 DOCKET NUMBER: AR20120011951 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. SPCM Order Number 1733, issued by Headquarters, Special Processing Detachment, Fort Riley, KS, dated 18 July 1969, shows the unexecuted portion of the approved sentence of forfeiture of $73.00 per month for 6 months and confinement at hard labor for 6 months, adjudged on 26 June 1969, was remitted by the SPCM convening authority effective the date the applicant was...
ARMY | BCMR | CY2012 | 20120011952
The applicant requests the discharge date on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show 21 July 1999. There is no documentation and the applicant has not provided any that shows during her enlistment in the USAR she was called to active duty at any time other than the 5 months and 9 days listed on her 11 February 1992 DD Form 214. The evidence of record shows she was ordered to active duty to complete basic training and advanced individual...
ARMY | BCMR | CY2012 | 20120011953
The applicant states he desires for the Board to either verify if the memorandum, dated 12 December 1996, and issued by Headquarters, 99th Regional Support Command (RSC), transferring him from the Civil Affairs Branch to the Infantry Branch, is not valid or in the alternate, if this memorandum is valid, to change the branch listed on his official records (as recorded on the Army Knowledge Online (AKO)) website from Civil Affairs to Infantry. He attended and successfully completed the...
ARMY | BCMR | CY2012 | 20120011954
It states the CIB may be awarded to any infantryman who, on or after 6 December 1941, has established eligibility under the criteria provided in WD Circular 269. d. Members of the 26th Cavalry Regiment met the requirement that infantryman, including officers, establish eligibility to wear the CIB. The WD circulars do not require a combatant to be assigned to an infantry unit, but to serve as an infantryman. The circular also states the badges were "established for infantry personnel."
ARMY | BCMR | CY2012 | 20120011955
Application for correction of military records (with supporting documents provided, if any). He provides: * WD AGO Form 53-55 * RC Form 1082 (Medical History) * Letter from the Army Board for Correction of Military Records (ABCMR) CONSIDERATION OF EVIDENCE: 1. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against the enemy or as a result of hostile action.
ARMY | BCMR | CY2012 | 20120011957
The applicant's military record shows he enlisted in the Regular Army (RA) in pay grade E-1 on 27 May 1977. Title 10, U.S. Code, section 3964, states each retired member of the Army covered by subsection (b) who is retired with less than 30 years of active service is entitled to be advanced on the Retired List to the highest grade in which he or she served on active duty satisfactorily as determined by the Secretary of the Army when his or her active service plus his or her service on the...
ARMY | BCMR | CY2012 | 20120011984
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the year of his birth as 1953 vice 1963. DISCUSSION AND CONCLUSIONS: The evidence of record shows the applicant's year of birth was listed as 1953 upon his entry on active duty in the RA. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry in item 5 of his DD Form 214 and adding his date of...
ARMY | BCMR | CY2012 | 20120011994
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show two awards of the Army Achievement Medal and one award of the Army Commendation Medal. Permanent Order Number 055-01 issued by the 501st Sustainment Brigade, Korea, dated 24 February 2010, awarded him the Army Achievement Medal for meritorious service from 24 March 2009 to 22 March 2010 as shown on the DA Form 638. He submitted an incomplete DA Form 638 with no permanent...
ARMY | BCMR | CY2012 | 20120011995
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his DD Form 214 (Certificate of release or Discharge from Active Duty) dated 31 October 2011 be corrected to reflect in block 12f. Therefore, in the absence of evidence to show that his foreign service is improperly reflected on his DD Form 214, there appears to be no basis to grant his request.
ARMY | BCMR | CY2012 | 20120011996
The applicant (who died after submitting his application to the Board) requests correction of his records to show he was discharged by reason of disability. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation for physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability. The Army must find that a service member is physically unfit to reasonably perform his or her duties and assign...
ARMY | BCMR | CY2012 | 20120012006
The applicant states: * these awards were never entered in his records * he was assigned to the U.S. Military Assistance Command Vietnam (MACV) Advisory Team 4 and this unit was cited for the PUC * he was assigned to the 37th Signal Battalion and this unit was cited for the MUC * the U.S. MACV was cited for the MUC during the period 1965 to 1967 * his records were corrected to reflect the Republic of Vietnam Gallantry Cross with Palm Unit Citation but not the "Republic of Gallantry Cross...
ARMY | BCMR | CY2012 | 20120012015
The applicant requests correction of her service records to show she was discharged as a Captain (CPT) vice First Lieutenant (1LT). There is no evidence of record to show promotion to CPT. There is no other available evidence of record to show she was promoted to CPT.
ARMY | BCMR | CY2012 | 20120012017
d. Class III - Those cases in which service members have not engaged in a homosexual act during military service but have a verified record of pre-service homosexual acts. 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)...
ARMY | BCMR | CY2012 | 20120012019
The applicant states he was wounded in Vietnam and he should have been awarded the Purple Heart for the shrapnel wound in his leg. His medical records are not available for review with this case and there is no evidence in his available record that shows he was wounded as a result of hostile action while serving on active duty. A statement of support, dated 9 April 2012, wherein a former Soldier stated he was a medic in the same unit as the applicant and he remembered the applicant being...
ARMY | BCMR | CY2012 | 20120012020
The applicant requests, in effect, his records be corrected to show he received permanent Federal recognition for an initial appointment as a second lieutenant in the Indiana Army National Guard National (INARNG) on 19 December 2008. Records show the applicant was granted temporary Federal recognition effective 20 December 2008 upon his initial appointment in the INARNG as a second lieutenant. It would also be equitable to show he was granted Federal Recognition for promotion to first...
ARMY | BCMR | CY2012 | 20120012023
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) for his service in the Republic of Vietnam (RVN). Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who completed a qualified period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records...
ARMY | BCMR | CY2012 | 20120012028
The applicant requests removal of his name from the title block of the U.S. Army Criminal Investigation Command (CID) Report of Investigation (ROI) 0XXX-2XXX-CID-9XX-1XXX5-8EX, dated 17 September 2010, and removal of the associated officer evaluation report (OER) for the period ending 7 July 2010 from his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File. The first two command OER's were rendered by the brigade commander (rater), Colonel...
ARMY | BCMR | CY2012 | 20120012029
IN THE CASE OF: BOARD DATE: 6 December 2012 DOCKET NUMBER: AR20120012029 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). The applicants request that his WD AGO Form 53-55 be corrected to document the fact that he was wounded in action and to show award of the PH has been carefully considered.
ARMY | BCMR | CY2012 | 20120012030
Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States serving in Vietnam after 3 July 1965 through 28 March 1973. 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, and b. adding to his DD Form 214 the: * Vietnam Service Medal with...
ARMY | BCMR | CY2012 | 20120012035
Consequently, due to the two concepts involved, an individual's medical condition, although not considered medically unfitting for military service at the time of processing for separation, discharge or retirement, may be sufficient to qualify the individual for VA benefits based on an evaluation by that agency. There is no evidence of record or independent evidence provided by the applicant that would support a conclusion the applicant's service-connected medical conditions rendered him...
ARMY | BCMR | CY2012 | 20120012040
His records do not contain official orders showing he was awarded the Army Commendation Medal. There is insufficient evidence in the available records that shows the applicant was awarded the Army Commendation Medal. In the absence of orders, there is insufficient evidence to correct his records to show this award.
ARMY | BCMR | CY2012 | 20120012042
On 10 August 2009, the separation authority approved the applicant's discharge under the provisions of Army Regulation 635-200, chapter 14, by reason of misconduct - commission of a serious offense and directed her service be uncharacterized. Army policy states that an under other than honorable conditions discharge is normally considered appropriate for a Soldier discharged for patterns of misconduct; however, the discharge authority may direct an honorable or general discharge if such are...
ARMY | BCMR | CY2012 | 20120012044
The DD Form 214 he was issued at the time shows he completed 2 years of active military service. It states in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action; that it required treatment by military medical personnel; and a record of the medical treatment must have been made a matter of official record. By regulation, in order to support award of the PH there must be evidence the wound for...
ARMY | BCMR | CY2012 | 20120012046
The applicant provides: * an Operational Report * two DA Forms 1 (Morning Reports) * two pages of a Standard Form (SF) 600 (Health Record) * a memorandum * two DD Forms 149 (Application for Correction of Military Record), dated 9 March 2011 and 5 February 2012, with allied documents (original request) * a statement from his former battalion surgeon * a statement from a former unit member * a Certificate awarding the Purple Heart to another individual * two DD Forms 214 (Armed Forces of the...
ARMY | BCMR | CY2012 | 20120012047
However, his DD Form 214 does not show the Southwest Asia Service Medal. A review of the applicant's military personnel records failed to reveal evidence that he was awarded the Southwest Asia Service Medal. 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 the: * Southwest Asia Service Medal with 2 bronze service stars * Kuwait Liberation Medal (Saudi Arabia) * Kuwait Liberation...
ARMY | BCMR | CY2012 | 20120012049
The applicant's DA Form 2-1 (Personnel Qualification Record) shows in: a. item 4 (Assignment Considerations), in part: "Declined extension of enlistment or discharge and reenlistment for overseas service (980813)"; b. item 5 (Oversea Service): no entry (is blank); c. item 9 (Awards, Decorations and Campaigns): * National Defense Service Medal * Army Service Ribbon * Army Good Conduct Medal (1st Award) * Army Achievement Medal (1st Award) d. item 35 (Record of Assignments), in part: 16...
ARMY | BCMR | CY2012 | 20120012054
On 5 October 1978, the applicant was notified of initiation of separation action under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 14, for acts or patterns of misconduct. On 6 November 1978, the separation authority approved his discharge under the provisions of Army Regulation 635-200, chapter 14, and directed he receive an under other than honorable conditions discharge. The DD Form 214 (Report of Separation from Active Duty) he was...
ARMY | BCMR | CY2012 | 20120012059
Application for correction of military records (with supporting documents provided, if any). Headquarters, U.S. Army Retraining Brigade, Fort Riley, Kansas, Special Orders Number 26, dated 5 February 1973, discharged the applicant from the Army on 7 February 1973, under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 13 (Unfitness), and he was issued a DD From 258A (Undesirable Discharge) certificate. A review of the applicant's military...