ARMY | BCMR | CY2012 | 20120013049
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as "XXX-XX-XX43." 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. All of his service personnel records show his SSN as "XXX-XX-XX34."
ARMY | BCMR | CY2012 | 20120013056
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. There is no evidence of record and the applicant did not provide any evidence that shows he legally changed his name prior to his release from active duty. The applicant is advised that a copy of this decisional document which confirms his...
ARMY | BCMR | CY2012 | 20120013061
The applicant requests correction of her records to show she was transferred to the Retired Reserve. She was honorably discharged from the U.S. Army Reserve (USAR) on 14 September 2006. a. Despite the absence of a timely request by the applicant to transfer to the Retired Reserve, based on the evidence of record, it would be appropriate to correct the applicant's records to show she requested transfer to the Retired Reserve effective 15 September 2006.
ARMY | BCMR | CY2012 | 20120013062
The applicant requests that his record be corrected to show award of the Presidential Unit Citation (PUC). He submitted an email which stated that DAGO Number 73, dated 1968, awarded the unit he was assigned to the PUC. Records show the applicant participated in two campaigns during his service in the Republic of Vietnam.
ARMY | BCMR | CY2012 | 20120013064
There is no evidence he was wounded during his service in Vietnam. c. The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954. d. The Korea Defense Service Medal 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 of Korea. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2012 | 20120013074
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was released from active duty on 28 November 1969 versus 28 November 1967. His DD Form 214 shows in: * item 10c (Date Inducted) he was inducted on 14 November 1967 * item 11a (Type of Transfer or Discharge) he was transferred to the USAR * item 11d (Effective Date) he was transferred to the USAR effective 28 November 1967 * item 22b (Statement...
ARMY | BCMR | CY2012 | 20120013075
On 10 February 1992, the applicant's company commander notified him of his intent to initiate separation action against him under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Separation), chapter 14, paragraph 14-12b for misconduct - pattern of misconduct, with a general discharge. On 19 February 1992, the separation authority approved the applicant's discharge from the Army under the provisions of Army Regulation 635-200, chapter 14, paragraph 14-12b for...
ARMY | BCMR | CY2012 | 20120013077
ARMY | BCMR | CY2012 | 20120013085
Application for correction of military records (with supporting documents provided, if any). The applicant requests award of individual awards (specifically, the Purple Heart) and unit awards he is entitled to based on his combat service with the 24th Infantry Division in the Republic of Korea. 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....
ARMY | BCMR | CY2012 | 20120013087
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as "XXX-XX-X2XX" instead of "XXX-XX-X7XX." His DD Form 47 (Record of Induction) identifies him by service number; his SSN does not appear on this form. It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty,...
ARMY | BCMR | CY2012 | 20120013088
The applicant requests correction of his military records to show his date of birth (DOB) as 26 March 1950. At the time the applicant enlisted he provided a DOB of 25 March 1950 and all of the documents contained in his official records, to include those completed by the applicant, contain the DOB of 25 March 1950. This should serve to clarify any questions or confusion regarding the difference in the DOB recorded in his military record and to satisfy his desire to have his current DOB...
ARMY | BCMR | CY2012 | 20120013089
On 11 June 1984, the unit commander notified the applicant he was initiating separation action on him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 14, paragraph 14-12(b) for misconduct. There is no evidence showing the applicant applied to the Army Discharge Review Board for an upgrade to his discharge within that board's 15-year statute of limitations. Clearly, the applicants record of misconduct diminished his overall record of...
ARMY | BCMR | CY2012 | 20120013094
The applicant provides: * DD Forms 214 (issued on 4 October 2001, 16 January 2004, and 26 August 2005) * AD orders * release from active duty (REFRAD) orders CONSIDERATION OF EVIDENCE: 1. The evidence of record confirms the applicant was issued his first DD Form 214 upon completion of ADT and that it documented this service from 13 June 4 October 2001. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD...
ARMY | BCMR | CY2012 | 20120013095
Application for correction of military records (with supporting documents provided, if any). DISCUSSION AND CONCLUSIONS: The evidence of record shows the applicant's SSN is consistently recorded throughout his records as "x25-xx-xxxx." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 ending 11 December 1968 to show his SSN as it is listed on his DD Form 398.
ARMY | BCMR | CY2012 | 20120013097
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 August 2009. Public Law 110-252, section 3319, provides the eligibility requirements necessary to transfer unused education benefits to family members. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2012 | 20120013098
The regulation states a DD Form 214 will not be prepared for enlisted Soldiers discharged for immediate reenlistment in the Regular Army. Therefore, his DD Form 214 should be corrected to show his first period of service as honorable. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the entry, "IMMEDIATE REENLISTMENTS THIS PERIOD -- 840125-870726" and b. adding to item 18 of his DD Form 214 the entry...
ARMY | BCMR | CY2012 | 20120013099
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 6 June 1925. There is no evidence of record and the evidence he submitted is not sufficient to show an error exists or to change the DOB shown on his DD Form 214. ABCMR Record of Proceedings (cont) AR20120013099 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont)...
ARMY | BCMR | CY2012 | 20120013102
A Soldier must be currently on active duty or a member of the Selected Reserve at the time of transfer of educational benefits to his or her family members on or after 1 August 2009. The applicant had more than 20 years of service upon his retirement, but he was not eligible to transfer benefits to either his spouse or his children because the law requires Soldiers to be in the service on or after 1 August 2009. c. A Soldier may only transfer benefits to eligible family members. On 22 June...
ARMY | BCMR | CY2012 | 20120013103
Application for correction of military records (with supporting documents provided, if any). He should be awarded the Army Good Conduct Medal (1st Award) based on his "excellent" conduct and efficiency ratings for the period 26 January 1968 through 25 January 1971. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award) for the period 26 January 1968 through 25 January...
ARMY | BCMR | CY2012 | 20120013106
The applicants military record shows he enlisted in the DEP on 12 March 1985. On 17 November 1988, the applicants company commander initiated action to separate the applicant under the provisions of Army Regulations 635-200 (Personnel Separations Enlisted Separations), chapter 14, for commission of a serious offense. The separation authority approved his discharge and he was discharged on 8 February 1989, under the provision of Army Regulation 635-200, paragraph 14-12c, for Misconduct...
ARMY | BCMR | CY2012 | 20120013122
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her foreign service in Saudi Arabia as part of Operation Desert Storm for the period 11 February through 28 April 1991. Army Regulation 600-8-22 (Military Awards) states: a. The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990...
ARMY | BCMR | CY2012 | 20120013124
Subsequent to receiving this legal counsel, the applicant voluntarily requested discharge under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 10, for the good of the service - in lieu of trial by court-martial. On 29 November 1978, the separation authority approved the applicant's request for discharge and directed he receive an Under Other Than Honorable Conditions Discharge Certificate. On 6 December 1978, the applicant was discharged...
ARMY | BCMR | CY2012 | 20120013126
The applicant requests award of the Army Good Conduct Medal (AGCM) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award and the Army combat patch, otherwise known as the Shoulder Sleeve Insignia Former Wartime Service (SSI-FWTS). Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940;...
ARMY | BCMR | CY2012 | 20120013127
Application for correction of military records (with supporting documents provided, if any). The applicant requests upgrade of his undesirable discharge to an honorable discharge. There is no evidence in the available records showing that he 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 | 20120013128
On 6 November 1993, the applicants immediate commander notified the applicant of his intent to initiate separation action against him in accordance with chapter 14 of Army Regulation 635-200 (Personnel Separations) for conviction by civil court. On 19 November 1993, consistent with the chain of command's recommendation, the separation authority approved the applicants discharge under the provisions of Army Regulation 635-200, chapter 14, by reason of misconduct - commission of a serious...
ARMY | BCMR | CY2012 | 20120013134
The applicant states: * He is a Special Agent/GS-14 (now Senior Executive Service) with the Federal Bureau of Investigation (FBI) and has been designated a Key Federal Employee since May 2010 * Despite being twice not selected for promotion to lieutenant colonel (LTC), he was provided positive written notifications, on two occasions, that he was SELCON (continued service on the Reserve Active Status List (RASL) in March 2011, approved by the Secretary of the Army (SA) * Regardless whether a...
ARMY | BCMR | CY2012 | 20120013137
Section 6.1.1.1 states service on active duty or in an active status as a commissioned officer in any of the Uniformed Services, in the corps or professional specialty in which being appointed, shall be credited on a day-for-day basis with any commissioned service performed before such appointment. c. Section 6.1.2 (Constructive Service Credit) states constructive service credit provides a person who begins commissioned service after obtaining the additional education, training, or...
ARMY | BCMR | CY2012 | 20120013152
The applicant provides: * 20-year letter, dated 16 October 1995 * DD Form 1883, dated 29 March 1996 * Marriage Certificate, dated 23 August 1975 * Death Certificate, dated 3 January 2012 * DD Form 2656-7 (Verification for Survivor Annuity), dated 27 April 2012 * Form W-4P (Withholding Certificate for Pension or Annuity Payments), dated 14 March 2012 * National Guard Bureau (NGB) Form 23B (ARNG Retirement Points History Statement), dated 2 March 2012 * Standard Form (SF) 1199A (Direct Deposit...
ARMY | BCMR | CY2012 | 20120013158
There is no indication he applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. The discharge proceedings were conducted in accordance with law and regulations applicable at the time and the character of the discharge is commensurate with the applicant's overall record of military service. ___________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army...
ARMY | BCMR | CY2012 | 20120013168
His records contain no evidence showing he was wounded in action in Vietnam or that he was treated for any such wounds. After carefully examining the applicants record of service, it appears the applicant should have received the AGCM (1st Award) for his service from 3 August 1967 through 30 March 1969. 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...
ARMY | BCMR | CY2012 | 20120013169
IN THE CASE OF: BOARD DATE: 22 January 2013 DOCKET NUMBER: AR20120013169 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests award of the Korea Defense Service Medal (KDSM). _______ _ _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 | 20120013178
The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined. The Afghanistan Campaign Medal is awarded to members who have served in direct support of OEF. ABCMR Record of Proceedings (cont) AR20120013178 3 ARMY BOARD FOR CORRECTION OF MILITARY...
ARMY | BCMR | CY2012 | 20120013199
His available record does not contain orders for the Purple Heart and is void of documentation that shows he was wounded in action during his service in the Republic of Korea. The applicant contends his DD Form 214 should be corrected to show award of the Purple Heart for wounds he received in the Korean War. There is no evidence in the applicant's record and he has not provided any evidence that shows he was awarded the Purple Heart or that he was wounded or injured as a result of hostile...
ARMY | BCMR | CY2012 | 20120013208
The fact that 70 percent of the lieutenant colonels (LTCs) selected were from the board president's command proves the board selection process was not fair and equitable, especially when some of those selected had inferior qualifications. c. He provides his own analysis to demonstrate an appearance of preferential treatment by showing that, given an overall selection rate of only 12 percent, the selection of one officer from OTJAG would indicate (statistically) that 12 of the 172 officers...
ARMY | BCMR | CY2012 | 20120013209
In light of his overall record of service, it would be appropriate to award him the AGCM (1st Award) based on completion of a qualifying period of active Federal service from 5 February 1964 to 30 January 1966 and to correct his DD Form 214 to show this award. The evidence of record does not indicate his service in Vietnam met the criteria for award of the RVN Campaign Medal with Device (1960). As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2012 | 20120013219
The applicant states the OER in question is in error in that she was issued a General Officer Memorandum of Reprimand (GOMOR) after the through date of the report. It further concluded there was no evidence that the ratings and comments in the contested OER were anything other than the considered opinions of the rating officials. In effect, the applicant argues that the information left in the contested report by the OSRB renders the report in error because it was information from the...
ARMY | BCMR | CY2012 | 20120013220
The applicant requests award of the Army Good Conduct Medal (AGCM) 2nd Award and that the Army Commendation Medal (ARCOM) 2nd Award and Army Achievement Medal (3rd Award) be added to her 1 July 2004 DD Form 214 (Certificate of Release of Discharge from Active Duty). She also provides a DA Form 638 that show he was awarded the ARCOM (1st Award) for meritorious service during the period 15 September 2000 through 11 January 2002; and a DA Form 638 that, notwithstanding the error in the...
ARMY | BCMR | CY2012 | 20120013233
This office recommended administrative relief in this case and stated the applicant should have entered the Regular Army in pay grade E-4, effective the date he was accessed onto active duty. The opinion states: a. the applicant was enlisted onto active duty in pay grade E-3. The applicant enlisted in the ARNG on 27 April 2009 and was discharged on 4 May 2011 in the rank and pay grade of SPC/E-4.
ARMY | BCMR | CY2012 | 20120013244
On 24 May 1976, his immediate commander notified him that he was initiating action to discharge him from the Army under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 5-37 (Expeditious Discharge Program). There is no indication he petitioned the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. The applicant demonstrated he could not or would not meet acceptable standards...
ARMY | BCMR | CY2012 | 20120013248
Application for correction of military records (with supporting documents provided, if any). 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. However, there is insufficient evidence to support his request.
ARMY | BCMR | CY2012 | 20120013251
The applicant's military record shows he enlisted in the Tennessee Army National Guard (TNARNG) on 26 January 1991. d. Section VIII (Authentication) shows the applicant and an enlisting official signed and dated the contract on 11 June 2010. The evidence of record shows the applicant completed a DA Form 4836 on 10 June 2010 executing a 6-year extension of his enlistment in the TNARNG.
ARMY | BCMR | CY2012 | 20120013255
The applicant, the spouse of a deceased former service member (FSM), requests correction of her deceased husband's record to show she made a timely application for an annuity under the Reserve Component Survivor Benefit Plan (RCSBP). On 13 June 2012, DFAS denied her request, stating it was not in compliance with the filing provisions stipulated in Title 31, U.S. Code, which specifically require the receipt of SBP claims by DFAS within 6 years of the date of death. As a result, the Board...
ARMY | BCMR | CY2012 | 20120013257
The applicant requests the DD Form 214 (Certificate of Release from Active Duty) covering the period 22 August 1989 through 23 September 1992 be voided. The applicant states: * The period covered on this DD Form 214 is already included on another DD Form 214 from 22 August 1989 to 21 May 1999 * She was issued this DD Form 214 after being placed on the temporary disability retired list (TDRL) * A subsequent TDRL examination found her fit for duty; accordingly, she reenlisted in the Regular...
ARMY | BCMR | CY2012 | 20120013258
The applicant requests, in effect, correction of his records to show he applied to transfer his education benefits to his dependents under the provisions of the Post-9/11 GI Bill Transferability Program before he was released from active duty on 30 September 2009. Service members must have served on active duty in the Regular Army or as a Reserve member ordered to active duty under Title 10, U.S. Code, sections 688, 12301(a), 12301(d), 12301(g), 12302, and 12304 (orders in support of...
ARMY | BCMR | CY2012 | 20120013259
The applicant's military record contains a DD Form 47 (Record of Induction) that was completed during his enlistment processing. There are no documents in his record showing the SSN he now claims is correct. Absent convincing, independent, and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, were correct at the time and there is insufficient evidence to grant him relief in this case.
ARMY | BCMR | CY2012 | 20120013292
Paragraph 9-12 (Request for PEB evaluation) states that Reserve Component (RC) Soldiers with non-duty related medical conditions who are pending separation for failing to meet the medical retention standards are eligible to request referral to a PEB for a determination of fitness. Once a Soldier requests in writing that his or her case be reviewed by a PEB for a fitness determination, the case will be forwarded to the PEB by the USAR Command RSC or the HRC Command Surgeon's office and will...
ARMY | BCMR | CY2012 | 20120013294
There is no evidence to show the applicant was recommended for promotion to SPC/E-4 during his period of service. e. If a unit commander elects not to recommend a Soldier for promotion on the automatic promotion date, then a DA Form 4187 (Personnel Action) denying the promotion will be submitted not later than the 20th day of the month preceding the month of automatic promotion. The applicable regulation states that promotion to SPC is automatic with 24 months TIS provided the Soldier is...
ARMY | BCMR | CY2012 | 20120013295
The applicant requests his discharge under other than honorable conditions be upgraded to honorable. On 26 January 1982, the separation authority approved the applicant's voluntary request for discharge and directed the issuance of an under other than honorable conditions discharge. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.
ARMY | BCMR | CY2012 | 20120013305
The applicant provides: * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 15 August 2011 * NGB Form 600-7-3-R-E-DSIPP (Annex R (Bonus Addendum) to DA Form 4836), dated 19 August 2011 * Memorandum, TNARNG Recruiting and Retention Battalion, dated 3 April 2012 * DA Form 2823 (Sworn Statement), dated 3 April 2012 by applicant's unit First Sergeant (1SG) * DA Form 2823 (Sworn Statement), dated 4 April 2012 by applicant's unit Training Noncommissioned Officer * Privacy Act...
ARMY | BCMR | CY2012 | 20120013311
The evidence of record shows prior to the applicant's appointment, she completed a DA Form 61 that lists her permanent address as Donna, TX. Despite the fact that Headquarters, U.S. Army Third ROTC, Fort Riley, KS, issued her appointment orders, the evidence of record suggest that she entered into active duty from her home of record of Donna, TX. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing her place of entry...