ARMY | BCMR | CY2012 | 20120016042
18 August 2010, the applicant was counseled by her rater for failing to inform two Soldiers of their required attendance for training, resulting in two no-shows. The following additional administrative actions are recorded in the applicant's record: a. on 31 July 2011, a Report to Suspend Favorable Personnel Actions (FLAG) was imposed; b. the applicant was selected for promotion to captain by the 2012 Captain Selection Board which recessed on 10 November 2011; c. on 12 March 2012, the...
ARMY | BCMR | CY2012 | 20120016055
After graduation, the first available Army Medical Department (AMEDD) Officer Basic Course (OBC) began on 5 August 2007. b. errors were made when assigning her permanent DOR. Orders, dated 5 December 2007, determined her active DOR was 2 November 2006. In October 2011, her DOR for captain was adjusted from 2 November 2006 to 2 October 2006 because she was given 10 months for the difference between her constructive credit (48 months) and the phase points (3 years and 2 months/38 months)...
ARMY | BCMR | CY2012 | 20120016056
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show: * His latest period of service * His last medal 2. The applicant's complete military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his WD AGO Form 53-55 the World War II Victory Medal and the American Campaign Medal.
ARMY | BCMR | CY2012 | 20120016069
The applicant also states the FSM's discharge should be upgraded to honorable for the following reasons: * clemency is warranted because it is an injustice for him to suffer the adverse consequences of a bad discharge * under current standards, he would not have received the type of discharge he did * his average conduct and efficiency ratings/behavior/and proficiency marks were good * he received personal awards, decorations, and letters of recommendation * he had combat service * his...
ARMY | BCMR | CY2012 | 20120016078
Application for correction of military records (with supporting documents provided, if any). The evidence of record and independent evidence provided by the applicant fail to show he was suffering from PTSD at the time of his separation processing. There is also no medical evidence showing the applicant was suffering from a disabling PTSD condition at the time of his PDES processing.
ARMY | BCMR | CY2012 | 20120016082
The FSM's amended WD AGO Form 53-55 shows he served in World War II with Company G, 313th Infantry Regiment, in the ETO from 17 April 1944 to 11 September 1945. The FSM's amended WD AGO Form 53-55 shows he served in World War II with Company G, 313th Infantry Regiment, in the ETO from 17 April 1944 to 11 September 1945. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 33 of the FSM's WD AGO Form...
ARMY | BCMR | CY2012 | 20120016128
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her: * place of entry into active duty as Des Plaines, IL instead of Des Moines, IA in item 7a (Place of Entry Into Active Duty) * home of record (HOR) as Waukegan, IL instead of Des Moines, IA in item 7b (HOR) * foreign service in Iraq in item 12f (Foreign Service) 2. It provides a brief, clear-cut record of active Army service at the time of release from active duty,...
ARMY | BCMR | CY2012 | 20120016144
Military Personnel Records and advisory opinions (if any). The applicant requests award of 2 additional years of constructive service credit for completion of his Doctor of Pharmacy degree. The official at the Office of the Surgeon General (OTSG) Graduate Medical Education (GME) denied his request for the additional 2 years of constructive service credit because the applicant earned the doctorate degree prior to his initial entry in the service.
ARMY | BCMR | CY2012 | 20120016157
The applicant provides: * General Court-Martial Order Number 44 * Relief for Cause (RFC) NCOER * Enlisted Record Brief * Four subsequent NCOERs since his RFC NCOER * Letters of support CONSIDERATION OF EVIDENCE: 1. He was promoted to staff sergeant on 1 June 2003. In other letters of support to remove the general court-martial order and RFC NCOER from the applicant's AMHRR, fellow Soldiers attest: a. while the applicant made a tremendous error of judgment in 2006, he faced the...
ARMY | BCMR | CY2012 | 20120016200
The applicant requests reinstatement in the Voluntary Separation Incentive (VSI) Program, effective 6 November 2007, the date he was discharged from the U.S. Army Reserve (USAR). Item 10 Reenlistment) states "I request to reenlist in the Individual Ready Reserve (Enlisted Only)." His failure to check item 10 of the AHRC Form 3725-E indicates that he did not desire to reenlist.
ARMY | BCMR | CY2012 | 20120016205
The applicant requests correction of his 1-year Registered Nurse Incentive Special Pay (RNISP) contract effective 5 October 2010 at $5,000/year to show it was approved and processed in a timely manner. It would be equitable to correct the applicant's records to show a 1-year RNISP contract at $5,000/year effective 5 October 2010 was processed and approved in a timely manner, with a prorated payment for the period 5 October 2010 - 21 August 2011. As a result, the Board recommends that all...
ARMY | BCMR | CY2012 | 20120016208
The applicant requests removal of the conscientious objector reason for his discharge from his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service). He completed 1 year and 1 month of service. Records show he was 18 years of age at the time he applied for conscientious objector status.
ARMY | BCMR | CY2012 | 20120016248
IN THE CASE OF: BOARD DATE: 4 October 2012 DOCKET NUMBER: AR20120016248 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant has failed to show through the evidence of record or the evidence submitted with his application that his HOR is in error. Inasmuch as the JFTR provides that an HOR may only be corrected if a bona fide error can be established and that it may not be changed simply for the convenience of the Soldier, there is no basis to change the applicant's HOR.
ARMY | BCMR | CY2012 | 20120016313
This resulted in administrative delays in promotion actions at various levels to allow staffing officers time to understand the new promotion process. 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 9 November 2011 and he completed WOBC on 8 March 2012.
ARMY | BCMR | CY2012 | 20120016319
The applicant requests correction of his DA Form 199 (Physical Evaluation Board (PEB) Proceedings) to show: * his back injury was combat-related * he received a 30 percent permanent disability rating 2. The applicant states: * his back injury originally occurred during a training exercise in conditions simulating war in 1997 and it is documented in his Line of Duty (LOD) paperwork * his 2004 injury occurred while loading a tactical truck with equipment (all instrumentalities of war) in the...
ARMY | BCMR | CY2012 | 20120016335
On 17 November 1990, his company commander submitted a memorandum to the battalion commander recommending the applicant for discharge. On 7 December 1990, the applicant was honorably discharged under the provisions of paragraph 5-13 of Army Regulation 635-200 by reason of personality disorder. The applicant's service medical records were not available for review.
ARMY | BCMR | CY2012 | 20120016342
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: a. award of the: * Purple Heart * Army Commendation Medal (2nd Award) * Combat Infantryman Badge b. his Ranger training; and c. his service in Afghanistan. Therefore, it would be appropriate at this time to award him the first award of the Army Good Conduct Medal for the period 28 July 2004 through 27 July 2007 and to correct his DD Form 214 to show this award. As a result,...
ARMY | BCMR | CY2012 | 20120016391
The applicant requests, in effect, item 12b (Separation Date This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show 2 July 2011 instead of 1 July 2011. Evidence shows he was discharged as a Regular Army officer on 1 July 2011 and he was appointed in the USAR effective 2 July 2011. Correcting his DD Form 214 to show he was discharged on 2 July 2011 would mean he held two statuses on that date RA and USAR, which is not authorized.
ARMY | BCMR | CY2012 | 20120016409
The applicant requests, in effect, correction of his record to show he was ordered to active duty for operational support on 1 July 2012. The applicant provides: * DD Form 1058-R (Application for Active Duty for Training, Active Duty for Special Work, Temporary Tour of Active Duty, and Annual Training for Soldiers of the Army National Guard (ARNG) and U.S. Army Reserve) * Leave and Earnings Statements (LES) for the period 1-31 August 2012 * DD Form 1351-2 (Travel Voucher or Subvoucher) *...
ARMY | BCMR | CY2012 | 20120016428
The applicant requests removal of a Relief for Cause officer evaluation report (OER) for the period 16 June 2009 through 8 September 2009 from his permanent file. c. Based upon the good suppression issue, the applicant's excellent performance during the Field Sobriety Test and the dismissal of one of the police officer's, the county attorney observed that he did not have adequate proof the applicant was operating his vehicle under the influence when he was stopped. Army Regulation states...
ARMY | BCMR | CY2012 | 20120016430
The applicant provides a letter from the USAR Personnel Command, dated 13 December 2004, that states: a. there is no provision in the law governing the SBP whereby a divorced spouse may be granted a survivor benefit annuity. Their records indicate the applicant was divorced on 22 November 1999 and the divorce decree clearly states the FSM was to provide her one half of his military retired pay. Public Law 95-397, the Reserve Component SBP (RCSBP), enacted 30 September 1978, provided a way...
ARMY | BCMR | CY2012 | 20120016435
In 2001, a Medical Evaluation Board (MEB) diagnosed him with: * chronic bilateral ankle pain/sinus tarsi pain, idiopathic * right knee pain, chondromalacia, left knee post-op scarring/inflammation * right elbow epicondylitis * DeQuervains disease, right wrist * scrotal pain, unclear etiology 4. Rated for pain in accordance with U.S. Army Physical Disability Agency pain policy. However, the evidence shows the PEB found him physically unfit due to ankle, knee, and scrotal pain.
ARMY | BCMR | CY2012 | 20120016443
Application for correction of military records (with supporting documents provided, if any). Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) lists the specific authorities and reasons for separating Soldiers from active duty and the corresponding SPD codes to be entered on the DD Form 214. The applicant's record shows he was separated by reason of a physical condition, not a disability, under the provisions of Army Regulation 635-200, paragraph 5-17.
ARMY | BCMR | CY2012 | 20120016472
Army Regulation 600-8-22 states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. Accordingly, he should be awarded this medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Army Good Conduct Medal for the period from 14 July 1972 to 11 July 1975 and adding it to his DD Form 214.
ARMY | BCMR | CY2012 | 20120016501
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Purple Heart and a second award of the Bronze Star Medal. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned...
ARMY | BCMR | CY2012 | 20120016549
He states he was awarded these decorations and they should have been entered on his DD Form 214. * GO 7095, dated 16 October 1968, announcing award of the BSM to the applicant for meritorious service during the period December 1967 to December 1968 * GO 8051, dated 4 December 1968, announcing award of the AM (Tenth Oak Leaf Cluster) with "V" Device to the applicant for his heroism on 22 July 1968 10. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2012 | 20120016570
The applicant requests removal of the DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)), dated 23 July 2007, from his records. The applicant states the original DA Form 2627 indicated it was not to be filed in either the restricted or performance section of his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF). The decision to file the original DA Form 2627 in the performance section or...
ARMY | BCMR | CY2012 | 20120016574
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service was honorable. Army Regulation 635-200 states a separation will be described as entry-level with service uncharacterized if at the time separation, the Soldier has less than 180 days of continuous active duty service.
ARMY | BCMR | CY2012 | 20120016579
The applicant requests the records of her (now deceased) husband, a former service member (FSM), be corrected to show he: * elected to participate in the Survivor Benefit Plan (SBP) for spouse coverage * was promoted to sergeant major (SGM) 2. The evidence of record shows that at the time of retirement, on 11 September 1992, the FSM held the rank of MSG/E-8. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * showing the...
ARMY | BCMR | CY2012 | 20120016587
Section c of the ADRB Case Report and Directive shows the analyst who prepared the case recommended upgrade of his discharge to honorable on the basis that the characterization of service was inequitable. Service of Soldiers separated because of unsatisfactory performance under this regulation is characterized as honorable or under honorable conditions. The available records contain no evidence showing he had a physical or mental condition during his period of service that prevented him...
ARMY | BCMR | CY2012 | 20120016619
Application for correction of military records (with supporting documents provided, if any). The record also contains a DD Form 1883 (SBP Election Certificate), dated 28 December 1992, which the FSM completed in conjunction with receipt of his Twenty Year Letter. ___________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 | 20120016620
The PEB recommended a 50% combined disability rating and permanent disability retirement. The PEB recommended permanent disability retirement at the rate of 50%. The applicant is entitled to correction of his records to show "PTSD, chronic" instead of "Anxiety Disorder - NOS" as a disabling condition that did not meet retention standards and is rated at 50%, effective 22 December 2011, the date of the applicant's original retirement.
ARMY | BCMR | CY2012 | 20120016621
Item 11 of this DD Form 214 shows he was awarded MOS 88M. The evidence of record does not show, nor has the applicant provided evidence showing, he held in MOS 88M during the period of active duty covered by his final DD Form 214. He has provided documentation indicating he had a reenlistment reservation, and his final DD Form 214 shows he served beyond the 3 year and 9 week active duty obligation he incurred when he enlisted in 2008.
ARMY | BCMR | CY2012 | 20120016630
The Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File, is void of any documents related to the applicant's processing through the Physical Disability Evaluation System (PDES) or medical treatment records. Army Regulation 635-40 establishes the Army PDES and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his/her...
ARMY | BCMR | CY2012 | 20120016632
The available records do not contain: * a statement from his employer, or even from the applicant showing his duties at work * a statement from his physician recommending ADME * the results of the follow-up evaluation 2 weeks after his discharge 5. Without his 2 week follow-up evaluation available for review and with the knowledge that he was eventually approved for 17 days INCAP pay, it is reasonable to presume in this case 2 weeks was the appropriate time to return to work. Even if the...
ARMY | BCMR | CY2012 | 20120016637
Application for correction of military records (with supporting documents provided, if any). He believes his discharge is inequitable because it was based on a single isolated incident that occurred after 17 years of honorable service. Sentence: 7 years.
ARMY | BCMR | CY2012 | 20120016641
The applicant requests removal of the General Officer Memorandum of Reprimand (GOMOR), dated 18 December 2002, and allied documents from his Army Military Human Resource Record (AMHRR). On 17 July 2008, the DASEB denied removal of the applicant's GOMOR and allied documents. The evidence of record shows he applied to the DASEB for removal or transfer of the GOMOR.
ARMY | BCMR | CY2012 | 20120016642
Application for correction of military records (with supporting documents provided, if any). The applicant's orders specifically state he is authorized reimbursement for storage of a POV during his mobilization in support of Operation Enduring Freedom. As a result, the Board recommends that all State Army National Guard and Department of the Army records of the individual concerned be corrected by showing the applicant was approved for storage of his POV during his deployment and paying...
ARMY | BCMR | CY2012 | 20120016646
Army Regulation 600-8-22 (Military Awards) was revised after his retirement from active duty to authorize award of the Army Aviation Badge retroactive to 1 January 1947 for certain personnel. He has reviewed and he meets the stated requirements for award of the Basic Aviation Badge based on completion of advanced individual training (AIT) per Army Regulation 600-8-22, paragraph 8-28b(5). As a result, the Board recommends that all Department of the Army records of the individual concerned...
ARMY | BCMR | CY2012 | 20120016652
The applicant requests his name be expunged from the titling block of a U.S. Army Criminal Investigation Command (USACIDC, also known as CID) Report of Investigation (ROI). His actions resulted in a locally-filed general letter of admonition for being derelict in the performance of his duties, not investigating the incident, and making a false official statement. The applicant has provided no evidence to show that the CIDs decision to conduct the report of investigation and title him was...
ARMY | BCMR | CY2012 | 20120016653
The applicant states: * He was removed from the TDRL and elected to enlist in the Regular Army within 90 days of his removal * He completed a USAREC Form 1035 (Request to Change Enlistment Option) wherein he elected to enlist on 17 April 2009 * Due to confusion with the TDRL to active duty process, he was pending reclassification into military occupational specialty (MOS) 89D (Explosive Ordnance Disposal Specialist) * By regulation, a former TDRL PFC would be promoted like they would have...
ARMY | BCMR | CY2012 | 20120016668
The applicant requests correction of his records to show he was medically retired in lieu of discharged by reason of physical condition, not a disability. There is no evidence of record which shows he was diagnosed with PTSD prior to his discharge. The available medical evidence shows he was diagnosed as having an adjustment disorder with depressed mood on 26 June 2007 and he was discharged under the provisions of Army Regulation 635-200, paragraph 5-17, for a condition, not a disability.
ARMY | BCMR | CY2012 | 20120016669
The applicant requests correction of his DA Form 199 (Physical Evaluation Board (PEB) Proceedings) under Items 10a to 10c to show his right hip injury as a disability that was incurred in the line of duty (LOD) as a result of an instrumentality of war. The regulation states in: a. Paragraph 4-19(2)(b) states in block 10C the board will record its determination of whether the injury was combat-related as defined by Title 26, U.S. Code, section 104. b. Paragraph 4-19j that in making a...
ARMY | BCMR | CY2012 | 20120016673
The applicant requests that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to reflect that he entered active duty in 1948 and that all of his combat awards be added. He had served 3 years, 6 months, and 7 days of active service and his DD Form 214 issued at the time of his discharge shows that he was awarded the Army of Occupation Medal with Japan Clasp and Korean Service Medal with two bronze service stars. _______ _ __X_____...
ARMY | BCMR | CY2012 | 20120016674
Application for correction of military records (with supporting documents provided, if any). The applicant requests that her Officer Evaluation Report (OER) for the period 31 October 2007 through 30 June 2008 be removed from her records and her records be sent to a Special Selection Board (SSB). The rater on the contested OER does make comment that in his opinion the applicant needs to have a deployment to gain more experience.
ARMY | BCMR | CY2012 | 20120016676
The applicant's military records are not available to the Board for review. The applicant's military records are not available to the Board for review. He meets the criteria for this medal and his WD AGO Form 53-55 should be corrected to show the medal.
ARMY | BCMR | CY2012 | 20120016680
The applicant states: a. The evidence of record shows the applicant enlisted in the WAARNG on 11 August 2006 for a 6-year period for a PSB of $15,000.00 and the SLRP of $20,000.00. The applicant was commissioned in the WAARNG on 17 August 2008 for an OAB of $10,000.00.
ARMY | BCMR | CY2012 | 20120016705
The applicant provides: * orders * a DA Form 3349 (Physical Profile) * three DA Forms 2173 (Statement of Medical Examination and Duty Status) * medical documents CONSIDERATION OF EVIDENCE: 1. Orders 083-074 MD-STARC-ARP, issued by Headquarters, Maryland National Guard, Fifth Regiment Armory, dated 30 May 2003, honorably discharging the applicant from the MDARNG and assigning him to the U.S. Army Reserve Control Group (Retired Reserve) effective 1 June 2003 due to being found to be medically...
ARMY | BCMR | CY2012 | 20120016712
The applicant, as the former spouse of a former service member (FSM), requests correction of the FSM's records to show he changed his Survivor Benefit Plan (SBP) election from spouse to former spouse based on their divorce decree. His service record is void of evidence which indicates the FSM or the applicant made a deemed election to change his SBP coverage from spouse to former spouse coverage within 1 year of the divorce. Given a court of competent jurisdiction awarded SBP coverage to...
ARMY | BCMR | CY2012 | 20120016718
Application for correction of military records (with supporting documents provided, if any). Item 44 (Time Lost under Section 972, Title 10, U.S. Code, and Subsequent to Normal Date Expiration Term of Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the applicant accrued 126 days of lost time during the following periods: * 28 April-27 May 1972 absent without Leave (AWOL) * 28 May-16 August 1972 dropped from the rolls * 24 August-7 September 1972 ...