ARMY | BCMR | CY2012 | 20120015083
The applicant requests revocation of the orders discharging him from the U.S. Army Reserve (USAR) and issuance of orders assigning him to the Retired Reserve. Orders 04-265-00054 issued by Headquarters, 99th Regional Readiness Command, dated 21 September 2004, which show he was honorably discharged from the USAR effective 21 September 2004; b. his 20-year letter from the U.S. Army Human Resources Command, dated 22 March 2012, informing him of his eligibility for retired pay at age 60;...
ARMY | BCMR | CY2012 | 20120015106
He further states the regulation also states under no circumstances will a Soldier on a promotion list who is eligible and available for the vacancy be bypassed. The IG noted at the time the unit promotion request was submitted, the applicant was by-passed because he was not deployable based on his medical fitness. The NGB advisory official also indicates the policy defined in the memorandum cited above states that if the next eligible candidate on the Enlisted Promotion System (EPS) list...
ARMY | BCMR | CY2012 | 20120015115
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant provides copies of a: * DD Form 2808 (Report of Medal Examination) * 11 January 2010 CAARNG Office of The Adjutant General Memorandum * PEB Counseling Guide * PEB Fitness for Duty Document Checklist * 20 January 2101 CAARNG Memorandum * E-mail referencing the time frame required for award of the new MOS * Under Secretary of Defense Memorandum, dated 30 September 2004 * 6 January 2005 Oath of Extension * 6 January 2005...
ARMY | BCMR | CY2012 | 20120015124
This form provides the following: * Regular Army (RA) service - 11 March 1966 through 22 January 1969 * USAR service - 23 January 1969 through 10 March 1972 with award of only 15 membership points per year * a break in service from 11 March 1972 through 9 April 1972 * USAR service - 1 April 1974 through 18 February 1975 (10 months and 18 days) * RA service - 19 February 1975 through 16 February 1976 (3 years, 11 months, 29 days) * ARNG service - 17 February 1979 through 3 December 1979 with...
ARMY | BCMR | CY2012 | 20120015126
The applicant requests transfer of a memorandum of disqualification for the Army Good Conduct Medal (AGCM) from the performance portion of his Official Military Personnel File (now known as the Army Military Human Resource Record (AMHRR)) to the restricted portion. The applicant provides a self-authored memorandum addressed to ARBA stating: * before filing the disqualification for the AGCM in his AMHRR, his commander never gave him a chance under Army Regulation 600-37 (Unfavorable...
ARMY | BCMR | CY2012 | 20120015127
Application for correction of military records (with supporting documents provided, if any). Normally, such appeals will be considered only from Soldiers in grades E-6 and above, officers, and warrant officers. The evidence of record shows the DD Forms 458, 533, 616, and allied documents are properly filed on the performance fiche of the applicant's AMHRR in accordance with applicable regulations.
ARMY | BCMR | CY2012 | 20120015129
The applicant requests, in effect, correction of his records to show he elected to transfer his education benefits to his dependents under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. A service member is considered to be retirement eligible if he or she has completed 20 years of active duty or 20 qualifying years of Reserve service. However, there is no evidence of record and he provided no evidence which shows he transferred his Post 9/11 GI Bill benefits...
ARMY | BCMR | CY2012 | 20120015137
The evidence of record shows he assumed an LTC position on 1 June 2011; therefore, his DOR should be corrected to that date. The evidence of record shows he was extended Federal recognition effective 27 March 2012; therefore, he is not entitled to correction of his effective date of promotion to an earlier date. As a result, the Board recommends that the State Army National Guard records and the Department of the Army records of the individual concerned be corrected by amending NGB Special...
ARMY | BCMR | CY2012 | 20120015144
He provides: * a DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) * a Guard Annex Enlistment/Reenlistment Agreement ARNG * NGB Form 600-7-5-R-E (Annex L to DD Form 4 Enlisted Loan Repayment Program (ELRP) Addendum) * a DA Form 5435 (The Selected Reserve Montgomery GI Bill) * a DD Form 1966/1-4 (Record of Military Processing Armed Forces of the United States) * a request for exception to policy/with response * a records correction...
ARMY | BCMR | CY2012 | 20120015147
Counsel requests: * reinstatement of the applicant's rank/grade to specialist (SPC)/E-4 retroactive to the date of reduction with full back pay and allowances * removal of all documents referencing his administrative separation from the service from his records * removal of the DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)) from his records 2. NJP may be imposed to correct, educate, and reform offenders whom the imposing commander determines...
ARMY | BCMR | CY2012 | 20120015152
In a 17 July 2009 memorandum, the Office of the Under Secretary of Defense (Personnel and Readiness) directed that as a matter of policy, all three Boards for Correction of Military Records will apply VASRD Section 4.129 to PTSD unfitting conditions for applicants discharged after 11 September 2001 and, in such cases where a grant of relief is appropriate, assign a disability rating of not less than 50 percent for PTSD unfitting conditions for an initial period of 6 months following...
ARMY | BCMR | CY2012 | 20120015172
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests removal of a General Officer Memorandum of Reprimand (GOMOR), dated 23 January 2009, from his Official Military Personnel File (now known as his Army Military Human Resources Record (AMHRR)). The applicant requested reconsideration of his appeal to the DASEB on 8 May 2012 and the DASEB denied his appeal on 28 June 2012 stating the following: * the BOI is limited to making a determination whether to retain (with or...
ARMY | BCMR | CY2012 | 20120015192
However, the recommendation portion of the Record of Proceeding (ROP) did not state that the medal would be added to his father's WD AGO Form 53-98 (Military Record and Report of Separation - Certificate of Service). 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 AR20110024044 on 24 May 2012. As a result, the Board recommends that...
ARMY | BCMR | CY2012 | 20120015207
The applicant states she was transferred to a promotion-eligible position and promoted to the rank/grade of MSG/E-8 on 1 September 2010. On 22 December 2010, the applicant was notified by a member of the Enlisted Management Branch, 99th RSC, that based on current selection and promotion policy procedures as outlined in Army Regulation 600-8-19 and U.S. Army Reserve Command (USARC) G1 promotion guidance, the transfer from her promoted unit (0301 IO BN) was an improper action and an error in...
ARMY | BCMR | CY2012 | 20120015257
The applicant requests the removal of three college transcripts from the restricted section of his official military personnel file, now known as the Army Military Human Resource Record (AMHRR). The document will not be removed from or moved to another part of the AMHRR unless directed by certain agencies, to include this Board DISCUSSION AND CONCLUSIONS: The evidence of record confirms the applicant's official college transcript is appropriately filed in the performance section of his...
ARMY | BCMR | CY2012 | 20120015274
The applicant requests removal of the General Officer Memorandum of Reprimand (GOMOR) and all documentation pertaining to the unit drug test results from his Army Military Human Resources Record (AMHRR). b. Disciplinary information filed on the restricted section of the AMHRR will be provided to Command Sergeant Major/Sergeant Major (CSM/SGM) promotion boards, U.S. c. Documents in the restricted section are those that must be permanently kept to maintain an unbroken, historical record of a...
ARMY | BCMR | CY2012 | 20120015304
c. Records indicate the applicant was recommended for promotion to SGM by the August 2006 Senior Enlisted Promotion Board and integrated onto the PPRL managed by the 99th RSC. A promotion is not valid and the promotion order will be revoked if the Soldier is not, or was not, in a promotable status on the effective date. Evidence shows the applicant was recommended for promotion to SGM by the August 2006 promotion board and he was integrated onto the PPRL.
ARMY | BCMR | CY2012 | 20120015330
Application for correction of military records (with supporting documents provided, if any). The applicant states: * From 1989 until his discharge, his Leave and Earnings Statement (LES) showed a Texas address * His last reenlistment showed El Paso, Texas as his HOR * In order for his daughter to be eligible for educational benefits, he needs his HOR changed 3. The applicant's contention that his HOR should be changed to show the address in Texas vice the one in West Virginia was carefully...
ARMY | BCMR | CY2012 | 20120015371
In July 2011, he voluntarily transferred from MOS 11B to MOS 31B (Military Police) for the purpose of securing an active duty for operational support (ADOS) position in violation of his bonus contract which requires termination of the bonus with recoupment. The opinion states the applicant voluntarily transferred from MOS 11B to MOS 31B on 11 July 2011. The evidence shows he served in his bonus MOS 11B for more than 2 years prior to accepting an ADOS position.
ARMY | BCMR | CY2012 | 20120015373
Army Regulation 635-200, paragraph 3-9a(1), states a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in an entry-level status (i.e., had completed no more than 180 days of continuous active duty before the date of the initiation of separation action), except when characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case. The...
ARMY | BCMR | CY2012 | 20120015591
The applicant states: a. Ms. H____, U.S. Army Human Resources Command (HRC), instructed him to execute a DA Form 71 (Oath of Office - Military Personnel) and submit his separation packet through his unit which he did on 1 October 2012. b. d. DFAS later found the error and created a debt of $844.61 due to him performing duty while in the IRR. This statute does not provide the Board with authority to correct a determination reserved under law to the Secretary of Defense.
ARMY | BCMR | CY2012 | 20120015630
The applicant requests removal of the DA Form 2627 (Record of Proceedings Under Article 15, UCMJ (Uniform Code of Military Justice)), dated 25 February 2011, that is filed in the performance section of his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File, and reinstatement of his rank. On 6 and 26 March 2012, his former station commander responded that promotion to SSG is conducted at the battalion level; he should discuss the matter with...
ARMY | BCMR | CY2012 | 20120015639
The applicant provides: * a statement, dated 22 March 2012, from Mr. M_____ * an undated statement from Mr. S______ * a drivers license and Department of Veterans Affairs (VA) identification card for Mr. S______ * a list of Soldiers assigned to the 3rd Battalion, 12th Infantry, 4th Infantry Division * an undated newspaper article * excerpts from the book Apache Recon: Because of the Brave by Mr. M_____ * four photographs * an excerpt from Army Regulation 600-8-22 (Military Awards) * Army...
ARMY | BCMR | CY2012 | 20120015650
The applicant states he has a memorandum stating he served in Iraq and would like that time updated on his military records. The available evidence shows he served in Iraq from 1 March 2003 through 6 October 2003. 0000 Year(s), 07 Month(s), and 06 Day(s) * item 13 Global War on Terrorism Service Medal, and Iraq Campaign Medal with two bronze service stars * item 18 "SERVICE IN KUWAIT/IRAQ FROM 20030301-20031006" _______ _ __x_____ ___ CHAIRPERSON I certify that herein is recorded the...
ARMY | BCMR | CY2012 | 20120015657
The applicant requests correction of his DD Form 214 (Armed Force of the United States Report of Transfer or Discharge) to show his military occupational specialty (MOS) as an infantry MOS vice 941.10 (Cook). The applicant's military records are not available to the Board for review. The available evidence of record shows the applicant held MOS 941.10 at the time of his release from active duty.
ARMY | BCMR | CY2012 | 20120015662
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests reconsideration of the Army Board for Correction of Military Records (ABCMR) decision denying his request to remove two DA Forms 4187 (Personnel Action) dated 28 June and 13 July 2004. He submits a new issue in requesting the comments submitted by his past commander, Lieutenant Colonel (LTC) C____, and the Noncommissioned Officer Evaluation Report (NCOER) for the period 1 June 2005 to 31 May 2006 (hereafter...
ARMY | BCMR | CY2012 | 20120015674
c. As a commissioned officer with an indefinite term appointment, she still has an Active Reserve status and should be allowed to receive retirement pay from the obligation date of her MRD of 6 April 1999. d. she was not properly notified to have her records reviewed and updated prior to them being considered by the Reserve Components Selection Board (RCSB) in accordance with Army regulations, public law, Department of Defense Instructions (DODI); and 10 USC. Since she did not meet the...
ARMY | BCMR | CY2012 | 20120015698
A signed/notarized statement from his spouse, Nicole, wherein she states she concurs with the termination of SBP coverage. The evidence of record shows, prior to his retirement, the applicant made a spouse SBP election. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * showing the applicant accurately completed the DD Form 2656 on 21 February 2012, electing not to participate in the SBP, and that his spouse properly...
ARMY | BCMR | CY2012 | 20120015732
IN THE CASE OF: BOARD DATE: 6 August 2013 DOCKET NUMBER: AR20120015732 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. A letter from the U.S. Total Army Personnel Command Office of Promotions, Reserve Components (RC), dated 13 May 2009, informed him that his recommendation for promotion while serving on the Active Duty List had been verified and his promotion eligibility date (PED) to CPT was 25 March 2012. Based on knowledge of the said documents, the HRC Officer Promotions Branch will...
ARMY | BCMR | CY2012 | 20120015742
The PEB determined that the applicant was unfit and recommended that he be given a combined disability rating of 20% and separated with severance pay. In the processing of this case a staff advisory opinion was obtained from the U.S. Army Physical Disability Agency (USAPDA) which opines, in effect, that the PEBs determination at the time was correct based on the available evidence; however, based on the additional evidence provided by the applicant it appears the applicants cervical...
ARMY | BCMR | CY2012 | 20120015745
The psychologist opined she met the criteria for Personality Disorder with Schizoid and Paranoid features; therefore, in accordance with the provisions of Army Regulation 625-200 (Personnel Separations - Enlisted Personnel) her unit should consider an administrative separation under chapter 5-13, as it was likely she would continue to present with emotional and behavioral difficulties that reflect a long-standing pattern of difficulties. The psychologist opined she met the criteria for...
ARMY | BCMR | CY2012 | 20120015763
The investigating officer found the injury to be in the line of duty and the LOD was approved by the National Guard Bureau (NGB) as "In line of Duty for Gunshot Wound to the Head" on 23 February 2010. On 21 December 2011, the NGB changed the final approval of the LOD to "Not in Line of Duty Due to Own Misconduct for Gunshot Wound to the Head." On 13 February 2012, the U.S. Army Human Resources Command (HRC), Casualty and Mortuary Affairs Branch notified the applicant that a final review...
ARMY | BCMR | CY2012 | 20120015766
The applicant requests, in effect, his separation under the provisions of paragraph 5-17 of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) be voided and that he receive a Medical Evaluation Board (MEB). Based on the results of the Behavioral Health Evaluation he was required to be referred to an MEB for determination of fitness status at the time of his military separation. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation)...
ARMY | BCMR | CY2012 | 20120015768
The memorandum states: * On 20 November 2008 the applicant qualified for the CSRB in the amount of $20,000.00 * He met the criteria for the CSRB and was issued a bonus control number * His unit contacted that office to inquire about his second half of the incentive * Unfortunately that office could not assist him with his payment due to the working copy of his CSRB being placed into his records rather than the signed documents * The unit has recognized this error and has taken the necessary...
ARMY | BCMR | CY2012 | 20120015769
The applicant provides: * VA Rating Decision, dated 3 May 2012 * VA medical records CONSIDERATION OF EVIDENCE: 1. Although the PDES cannot compensate him for these conditions, he may still apply for a disability rating for them through the VA since the VA operates under different regulations and guidelines and may compensate any service-connected condition, even if not unfitting at the time of separation. The applicant concurred with the findings and recommendation of the PEB on 25...
ARMY | BCMR | CY2012 | 20120015772
The applicant states he would like his retirement orders corrected since his injuries occurred in the LOD and his records document this. The applicant provides: * Orders M-017-0227 issued by the 671st Engineer Company (Multi-Role Bridge), Portland, OR, dated 17 January 2003 * Air Force Form 3899 (Aeromedical Evacuation Patient Record), dated 3 September 2003 * DA Form 2173 (Statement of Medical Examination and Duty Status), dated 23 September 2003 * DA Form 2173, dated 11 February 2004 * DD...
ARMY | BCMR | CY2012 | 20120015786
The applicant requests removal of a DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)) imposed on 24 February 2010 from her Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF). The applicant provides: * A letter from the DA Suitability Evaluation Board (DASEB), Arlington, VA, dated 10 May 2012, that includes: * her letter to the DASEB, dated 9 February 2012 * a character reference letter by...
ARMY | BCMR | CY2012 | 20120015788
The applicant requests a review of the military disability evaluation of her mental health condition. She should be referred to a physical evaluation board (PEB). The applicant requests correction of her military records to reflect she had a diagnosis of PTSD at the time of her separation in 2011; that the PTSD did not meet medical retention standards in accordance with Army Regulation 40-501, chapter 3; that said PTSD caused her to be unfit for military service in 2011; and that her...
ARMY | BCMR | CY2012 | 20120015818
It was not included in his Medical Evaluation Board (MEB) or his Physical Evaluation Board (PEB) physicals. It is a fact finding board to investigate the nature, cause, degree of severity, and probable permanency of the disability of Soldiers who are referred to the board; to evaluate the physical condition of the Soldier against the physical requirements of the Soldiers particular office, grade, rank or rating; to provide a full and fair hearing for the Soldier; and to make findings and...
ARMY | BCMR | CY2012 | 20120015851
ARMY | BCMR | CY2012 | 20120015884
Military Personnel Records and advisory opinions (if any). The applicant requests, in effect, service credit during the Enhanced Retirement Qualification Period (ERQP) under the 1995 Temporary Early Retirement Authority (TERA) provisions. The applicant and his employer did not satisfy all registration requirements of the program; however, given the applicant's employment with the Federal Government met all the program requirements and OPM has now provided the necessary verification, it...
ARMY | BCMR | CY2012 | 20120015914
The applicant requests correction of his records to show he was initially appointed in the U.S. Army Reserve (USAR) in the rank of chief warrant officer two (CW2) when he converted to the rank of warrant officer. The applicant states: * when he converted from captain (O-3) to the warrant officer ranks he was appointed as a warrant officer one (WO1) when he should have been appointed as a CW2 * while in the aviation branch, he completed all requirements to be awarded the rank of CW2 * after...
ARMY | BCMR | CY2012 | 20120015971
However, at the time of the applicant's separation, the regulation provided for the issuance of an undesirable discharge. b. Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR.
ARMY | BCMR | CY2012 | 20120015993
The applicant states: * the principle duty title listed is inaccurate he served as the organization's commander, not as a program integrator * he had an assumption of command ceremony and he attended conferences and functions designated for commanders he wouldn't have otherwise attended these functions if he were not the unit's commander * he performed the functions of a commander immediately upon his arrival * the Performance Evaluation in Part IV is inaccurate he did not vary his...
ARMY | BCMR | CY2012 | 20120015994
Application for correction of military records (with supporting documents provided, if any). The applicant provides: * retirement orders * Physical Disability Board of Review (PDBR) Record of Proceedings * memorandum for award of the Global War on Terrorism Service Medal * orders for award of the Combat Action Badge CONSIDERATION OF EVIDENCE: 1. Orders D340-07, U.S. Army Physical Disability Agency, dated 6 December 2010, placed the applicant on the retired list on 10 December 2004 and state: a.
ARMY | BCMR | CY2012 | 20120015999
The applicant requests that his DD Form 214 be corrected to show three awards of the National Defense Service Medal. Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2012 | 20120016013
The applicant requests, in effect: * removal of the DA Form 1059 (Service School Academic Evaluation Report) covering the period 5 July to 3 August 2005 wherein it does not show he was placed on the Commandant's List from his Army Military Human Resource Record (AMHRR) * replacing it with the DA Form 1059 which shows his placement on the Commandant's List 2. He provides evidence where it appears that a corrected DA Form 1059 was issued which contains his SSN and shows his placement on the...
ARMY | BCMR | CY2012 | 20120016024
On 8 June 1992, his immediate commander initiated action to separate him from the service under the provisions of Army Regulation 635-200, paragraph 14-12(c), for misconduct commission of serious offenses. In the applicant's case, the separation authority referred his separation action to an Administrative Separation Board, which recommended his discharge under the provisions of Army Regulation 635-200, chapter 14. Accordingly, with the recommendation of the Administrative Separation...
ARMY | BCMR | CY2012 | 20120016026
However, the record does contain a properly-constituted DD Form 214 that shows he was discharged under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations), in lieu of trial by court martial. Although an honorable discharge (HD) or general discharge (GD) is authorized, a UOTHC discharge is normally considered appropriate. This document confirms the applicant was discharged under the provisions of chapter 10, Army Regulation 635-200, in lieu of trial by...
ARMY | BCMR | CY2012 | 20120016027
IN THE CASE OF: BOARD DATE: 6 December 2012 DOCKET NUMBER: AR20120016027 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting from his DD Form 214 the overseas service bar and the...