ARMY | BCMR | CY2012 | 20120014056
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Good Conduct Medal and the Army Service Ribbon. The evidence of record clearly shows that the applicant's commander had approved him for award of the Army Good Conduct Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Army Good Conduct Medal for the...
ARMY | BCMR | CY2012 | 20120014125
BOARD DATE: 29 November 2012 DOCKET NUMBER: AR20120014125 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests payment of an annual Health Professions Officer Incentive Pay (HPOIP) from 1 October 2011 to 30 September 2012. The applicant provides an HPOIP agreement.
ARMY | BCMR | CY2012 | 20120014127
Through no fault of his own he was not promoted on 15 August 2011, the date he was eligible in accordance with the State orders. The evidence of record shows the applicant was appointed on 15 August 2009. Since his DOR as a warrant officer one was 15 August 2009 and since he needed 2 years of time in grade for promotion to CW2, he would have been promotable on 15 August 2011.
ARMY | BCMR | CY2012 | 20120014137
His records contain a DA Form 41 (Record of Emergency Data), dated 3 February 1965, which shows the fourth digit of his SSN as "3." DISCUSSION AND CONCLUSIONS: The evidence of record shows the applicant listed his SSN with the fourth digit as "3" during his active duty service. Therefore, it would be appropriate to correct his DD Form 214 to show his correct SSN.
ARMY | BCMR | CY2012 | 20120014138
The applicant requests payment of Aviator Continuation Pay (ACP) under the Fiscal Year 2011 (FY11) ACP Program for 152F/152H Aviators with targeted basic active service date (BASD) - 19 to 24 years based on correction to the eligibility dates of BASD from 1 October 1987 to 30 September 1992 to 1 October 1987 to 30 September 1993. The applicant states there was a mistake on the eligibility date in Military Personnel (MILPER) Message 11-054. The Army is offering an ACP Program for AH-64A/D...
ARMY | BCMR | CY2012 | 20120014144
Finance instructed me to submit the request and if I was not entitled to receive FSA, Finance would not authorize funding. The evidence of record does not support the applicant's request for full remission or cancellation of a debt in the amount of $28,554.80. The available records show the applicant received erroneous payments of FSA, COLA, HDP, and BAH.
ARMY | BCMR | CY2012 | 20120014182
On or about 8 August 2012, the Defense Finance and Accounting Service (DFAS) informed this Board that it was unable to implement paragraph 1b of the BOARD DETERMINATION/RECOMMENDATION in Army Board for Correction of Military Records (ABCMR) Docket Number AR20110020924 dated 12 July 2012. That paragraph requested DFAS to do a complete audit of the applicants Master Military Pay Account (MMPA) and pay him all due temporary duty (TDY) travel entitlements. BOARD VOTE: ___X ___ ___X____ ___X...
ARMY | BCMR | CY2012 | 20120014209
Application for correction of military records (with supporting documents provided, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. A review of the medical evidence submitted by the applicant shows his injury did not approach the level required for documentation to justify a TSGLI payment for loss of ADL.
ARMY | BCMR | CY2012 | 20120014213
It shows: a. the applicant requested early retirement in the rank of MSG/E-8, to include all retirement pay and benefits with respect to this rank and grade, in lieu of any pending administrative reduction proceedings under Army Regulation 600-8-19, paragraph 10-5; b. if granted early retirement in lieu of reduction proceedings, he respectfully requested to complete this calendar year in his current duty assignment within the 98th MEB; c. his request did not serve as a waiver of his right to...
ARMY | BCMR | CY2012 | 20120014215
Application for correction of military records (with supporting documents provided, if any). The applicant requests removal of 26 days of time lost from his record and award of the Army Good Conduct Medal (AGCM). 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; for the first award only, 1 year served entirely during the period 7 December 1941 to...
ARMY | BCMR | CY2012 | 20120014244
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of item 7a (Place of Entry into Active Duty) of his 31 March 1991 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he entered active duty at Grissom Air Force Base (AFB), IN. Therefore, it would be appropriate to correct his 1991 DD Form 214 accordingly.
ARMY | BCMR | CY2012 | 20120014256
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Although an honorable or general discharge is authorized, a UOTHC discharge is normally considered appropriate. The available evidence shows the applicant was AWOL for 170 days; therefore, his overall quality of service was not satisfactory and he is not entitled to either an honorable or a general discharge and there is insufficient evidence to show any other types of awards and medals authorized.
ARMY | BCMR | CY2012 | 20120014259
Application for correction of military records (with supporting documents provided, if any). COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE: 1. The commander recommended the applicant's disqualification from the PRP and stated that charges had been preferred for court-martial.
ARMY | BCMR | CY2012 | 20120014274
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 AR20110022954 on 15 May 2012. His NGB Form 23A (ARNG Annual Statement), dated 20 August 2012, shows he completed 1,733 retirement points in an enlisted status as of 27 September 2001. On 6 September 2011 in an email to the Texas ARNG G-1, the NGB Financial Operations Manager, ARNG...
ARMY | BCMR | CY2012 | 20120014314
A memorandum, dated 15 August 2006, appointed COL S____ as an investigating officer (IO) pursuant to Army Regulation 15-6 to investigate allegations that the 353rd EN GP MT's abused RST's; violated command policies regarding ATA's, overtime, and compensatory time; and violated pay input internal controls. A second memorandum, dated 25 September 2006, appointed COL D____ as an IO pursuant to Army Regulation 15-6 to investigate allegations that the 353rd EN GP MT's abused RST's; violated...
ARMY | BCMR | CY2012 | 20120014389
Therefore, it would be appropriate at this time to award him the Purple Heart for wounds received in action on 6 November 1967 and to correct his DD Form 214 to show this award. Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of qualifying period of service ending with the termination of a period of Federal military service and correct his records to show this award....
ARMY | BCMR | CY2012 | 20120014398
The applicant requests reconsideration of his earlier request for payment of his final Health Professionals Loan Repayment (HPLR) in the amount of $10,000.00 and to personally appear before the Army Board for Correction of Military Records (ABCMR). g. On 3 May 2005, he received notification of early HPLR overpayment of $10,000.00 from the U.S. Army Reserve (USAR) Pay Center and this money was collected. The only office that can authorize a payment directly to the Soldier for payments...
ARMY | BCMR | CY2012 | 20120014407
Medical records show he underwent surgery on his left shoulder in May 2006 and January 2007. Part B (Medical Professional's Statement) of the applicants TSGLI application, dated 12 May 2011, shows that his attending physician essentially stated: * he was transported to the hospital on 26 April 2005 and he was hospitalized from 16 May 2005 to 2 June 2005 * he was hospitalized for at least 15 consecutive days * he could not perform bathing and dressing independently from 31 January 2007 to...
ARMY | BCMR | CY2012 | 20120014476
Army Regulation 15-185 (Army Board for Correction of Military Records), paragraph 2-5, states the Board will not consider any application if it determines that the applicant has not exhausted all administrative remedies available. His rater stated, "[Applicant] did not meet the standards of Army Military Medicine. The OSRB denied his appeal on 28 July 2011, stating: * it is unlikely that his medical problems started during the 4-5 months of his residency training * only one diagnosis...
ARMY | BCMR | CY2012 | 20120014506
The applicant's military record shows he enlisted in the Regular Army on 29 August 1990. On 24 August 1994, the separation authority approved the applicant's request for discharge under the provisions of Army Regulation 635-200, chapter 10 and directed the issuance of a UOTHC discharge. Although an honorable discharge (HD) or a general discharge (GD) is authorized, a UOTHC discharge is normally considered appropriate.
ARMY | BCMR | CY2012 | 20120014520
Counsel requests removal of the General Officer Memorandum of Reprimand (GOMOR), dated 30 May 2006, from the applicant's Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File). Because COL S ____ was in the applicant's chain of command this is considered part of the protected IG process to resolve complaints. Counsel provides a: * 22-page Supplemental Statement (legal brief co-signed by the applicant) * Counsel's Declaration * Department of the...
ARMY | BCMR | CY2012 | 20120014526
The applicant requests, in effect, an upgrade of his undesirable discharge. He was told that requesting a "chapter 10 discharge" would let him out of the Army. __________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 | 20120014534
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, correction of his records to show he applied to transfer his education benefits to his son under the Transfer of Educational Benefits (TEB) provision of the Post 9/11 GI Bill. A Soldier must have at least 6 years of eligible service in order to transfer education benefits to a spouse and at least 10 years of eligible service to transfer to eligible children.
ARMY | BCMR | CY2012 | 20120014559
The applicant requests, in effect: * modification of a General Officer Memorandum of Reprimand (GOMOR) * transfer of the GOMOR to the restricted portion of his Army Military Human Resource Record (AMHRR) (previously known as official military personnel file); and * as a result of either correction above, promotion consideration by a Special Selection Board (SSB) 2. On 18 January 2007, the GOMOR imposing authority reviewed the applicant's rebuttal and considered the circumstances of the...
ARMY | BCMR | CY2012 | 20120014565
The applicant requests, in effect, the Physical Evaluation Board (PEB) results for her Temporary Disability Retired List (TDRL) reevaluation be nullified and a new evaluation be performed. On 16 July 2009, the applicant was honorably retired from active duty, in pay grade E-5, under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) paragraph 4-24b(2), for temporary disability. A letter sent to the applicant at her Fayetteville, NC,...
ARMY | BCMR | CY2012 | 20120014622
He states the individual rating him on the NCOER he wants replaced was never his rater on any NCOER rating schemes. It shows his rated position as Rear Detachment NCOIC and shows the date of his last NCOER was 18 June 2008 with the next NCOER to be through 18 June 2009. Although he submits rating schemes, none of which list as his rater the rater on the contested NCOER, his company commander who is the individual responsible for the rating scheme stated in an email that he designated that...
ARMY | BCMR | CY2012 | 20120014632
Section III (Payments) shows he: (1) enlisted for a $20,000.00 NPSEB; (2) would receive the first payment at the rate of 50 percent upon completion of initial active duty for training (IADT) and award of the MOS for which enlisted; and (3) would receive a second and final payment on the 36th month anniversary of his enlistment. The ARNG has corrected this omission in the bonus addendums currently in use; and d. due to the applicant's inexperience in both the ARNG and the MilTech system and...
ARMY | BCMR | CY2012 | 20120014645
The applicant's military record shows he enlisted in the Regular Army on 18 March 1969. However, his record does contain a properly-constituted DD Form 214 that shows he was discharged for the good of the service on 2 April 1971 under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations). Although an honorable discharge (HD) or GD is authorized, a discharge under other than honorable conditions is normally considered appropriate.
ARMY | BCMR | CY2012 | 20120014656
Witness statements by themselves are not sufficient evidence upon which to award him the Purple Heart. There is no evidence in his service personnel records which shows he was wounded or injured as a result of hostile action or treated for such wounds. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
ARMY | BCMR | CY2012 | 20120014686
The applicant requests, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show the Combat Infantryman Badge (CIB). The applicant states, in effect, based on his award of the CIB and on his actions as a machine gunner during the Normandy and Northern France campaigns he should be awarded two BSMs. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.
ARMY | BCMR | CY2012 | 20120014718
Application for correction of military records (with supporting documents provided, if any). The applicant requests removal of his DA Form 67-9 (Officer Evaluation Report (OER)), covering the rated period 7 June 2008 through 4 May 2009 (hereafter referred to as the contested OER), from his Army Military Human Resource Record (AMHRR). Under CPT [Applicants] leadership, the detachment functioned well and many important and significant tasks were accomplished, moving the command in a...
ARMY | BCMR | CY2012 | 20120014726
The applicant's military record shows he enlisted in the Regular Army on 24 March 1983. On 10 May 1994, the separation authority approved the applicant's request for discharge and directed his discharge UOTHC under the provisions of Army Regulation 635-200, chapter 10. Although an honorable discharge (HD) or a general discharge (GD) is authorized, a discharge UOTHC is normally considered appropriate.
ARMY | BCMR | CY2012 | 20120014767
The applicant requests to transfer the DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)) he received on 3 May 2007 from the performance section of his Army Military Human Resource Record (AMHRR) to the restricted section. The applicant's record contains the DA Form 2627 which was administered in May 2007. Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes the policies governing the AMHRR.
ARMY | BCMR | CY2012 | 20120014768
On 19 March 2012, a TDRL PEB convened and found his condition continued since being placed on the TDRL. The military retiree must show the disability was incurred while engaged in combat, while performing duties simulating combat conditions, or while performing especially hazardous duties such as parachuting or scuba diving. CRSC determinations require evidence of a direct, causal relationship to the military retirees VA rated disabilities to war or the simulation of war.
ARMY | BCMR | CY2012 | 20120014770
Application for correction of military records (with supporting documents provided, if any). There was whiteout on the original contract on the Service Representative line; there is no Service Representative signature or date entered into the bonus addendum; and she did not enter the date or unit address on the bonus addendum; b. she was not at fault for the way her bonus contract was handled after she submitted the required documents. In a 23 May 2012 memorandum, the Military Personnel...
ARMY | BCMR | CY2012 | 20120014780
The applicant states: * He enlisted in November 2008 for a period of 6 years in exchange for a $15,000 enlistment bonus * He returned home from deployment in 2010 to find he no longer was employed due to the collapse of the housing market * He requested to transfer to an Inactive National Guard (ING) status to pursue the only employment opportunity available to him as a DOD contractor * His chain of command approved his request without explaining to him the impact on his bonus * Had he known...
ARMY | BCMR | CY2012 | 20120014808
Counsel requests, in effect, that the narrative reason for the applicant's discharge be changed from personality disorder to PTSD. However, this official confirms there is insufficient information and/or records available to support a conclusion the applicant suffered from PTSD or to support or counter the personality disorder diagnoses of the applicant at the time, or to know if a medical evaluation board would have been indicated at the time of his discharge. In view of the foregoing,...
ARMY | BCMR | CY2012 | 20120014831
Application for correction of military records (with supporting documents provided, if any). He provides: * DA Forms 3286 (Statement for Enlistment U.S. Army Enlistment Program), dated 29 March 2006 and 7 February 2008 * DA Form 3340-R (Request for Reenlistment or Extension in the RA) * DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 7 February 2008 * DA Form 4789 (Statement of Entitlement to Selective Reenlistment Bonus) * Email, dated 15 and 16...
ARMY | BCMR | CY2012 | 20120014844
The applicant provides: * a DA Form 2B (Personnel Qualification Record) * a Reserve Status Statement and Election of Options * eleven emails * three memoranda for record * two memoranda * one All Army Activities (ALARACT) message * one military personnel (MILPER) message * a page from the U.S Army Human Resources Command (HRC) Website * a letter of completion request * an application for diploma * a 3-page worksheet CONSIDERATION OF EVIDENCE: 1. He submitted three memoranda, dated 19...
ARMY | BCMR | CY2012 | 20120014904
The applicant requests: * correction of his Enlisted Record Brief (ERB) to reflect the correct date and number of promotion points to sergeant (SGT)/E-5 * retroactive promotion to SGT/E-5 with a date of rank (DOR) and effective date of 1 June 2011 2. However, as of 1 May 2011, the applicant was recorded as having 562 promotion points. Therefore, he cannot be promoted.
ARMY | BCMR | CY2012 | 20120014906
Application for correction of military records (with supporting documents provided, if any). Department of the Army Memorandum, dated 31 August 2006, Subject: Reserve Component Promotion Board Military Education (MILED) Waiver Guidance states that, in accordance with paragraph 2-15b of Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), the Chief, Office of Promotions, may grant waivers for non-statutory MILED promotion requirements...
ARMY | BCMR | CY2012 | 20120014927
c. He was boarded by a Federal Recognition Board (FRB) on 27 March 2012 and promoted on State orders with a DOR of 27 March 2012. The evidence of record shows the applicant was appointed as a WO in the ARNG on 17 November 2011 and he completed WOBC on 9 March 2012. It is very likely that the delay in the applicant's promotion resulted from a statutory change in the procedures for the promotion of WO's that was mandated by the 2011 NDAA that WO's be placed on a scroll and staffed to the...
ARMY | BCMR | CY2012 | 20120014930
The applicant requests the remission/cancellation of his bonus debt. On 25 October 2010, officials of the NEARNG informed the applicant that he did not sign his bonus addendum at the time of his extension and thus was not eligible for a bonus. As a result, the Board recommends that all State ARNG and Department of the Army records of the individual concerned be corrected by showing a portion of his debt was waived and pro-rating the applicants debt and recouping only that amount due for...
ARMY | BCMR | CY2012 | 20120014938
The applicant requests an upgrade of his general discharge (GD) to an honorable discharge (HD). On 10 January 1974, the separation authority approved the board's recommendation to discharge the applicant from military service and directed the issuance of a DD Form 257A (General Discharge Certificate). Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) governs the policies and procedures for the separation of enlisted personnel.
ARMY | BCMR | CY2012 | 20120014944
Paragraph 2-2 states the effective date of Federal recognition for original appointment is the date on which the commissioned officer executes the oath of office in the State. The State promoted her to 1LT on 5 June 2012. Accordingly, the NGB extended her Federal recognition for this grade with an effective date and DOR of 5 June 2012.
ARMY | BCMR | CY2012 | 20120014966
This form also shows he was not granted CSC for his Master of Physical Therapy or Doctor of Physical Therapy degrees. The applicant should be awarded 2 years of CSC for his Master of Physical Therapy degree as it provides adjunctive skills to his primary specialty and contributes directly to his performance in orthopaedic surgery. Notwithstanding the applicant's contention or the professional opinions of COL JF and COL TG, while his experience as a physical therapist may be beneficial at...
ARMY | BCMR | CY2012 | 20120014975
The applicant states: * her original DOR to the rank of captain (CPT) was 1 May 2005 * she was selected for the Funded Nurse Education Program (FNEP) and began the program on 10 December 2007 * as a condition of the program, she transferred branches to the Army Nurse Corps (ANC) after she received her nursing degree on 30 August 2009 * her DOR was then recalculated * before her DOR was adjusted, she was selected for promotion to the rank of major (MAJ) * after the U.S. Army Human Resources...
ARMY | BCMR | CY2012 | 20120014988
The applicant provides copies of an Army Medical Department (AMEDD) Special Pay Form showing MASP of $15,000 for 2011; a Memorandum for the Chief, Special Pay Branch, Officer of The Surgeon General (OTSG), and a copy of his recertification certificate. That official notes that the applicant's pay record shows no indication that the applicant ever received MASP for the period in question and recommended payment based on time served and noted that the applicant was due approximately...
ARMY | BCMR | CY2012 | 20120015025
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: The applicant defers to counsel. Counsel requests the applicant's case be considered by a Medical Evaluation Board (MEB). Counsel states: a. the applicant did not meet retention standards while on active duty but he was not placed in the Army Physical Disability Evaluation System (PDES).
ARMY | BCMR | CY2012 | 20120015046
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. DFAS noted the FSM had elected former spouse coverage after his first divorce from the applicant, but neither he nor the applicant had submitted a request for a former spouse election within 1 year of their second divorce in 1994. The...