ARMY | BCMR | CY2012 | 20120016736
The applicant requests correction of his 1989 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show an honorable characterization of service and a reenlist eligibility (RE) code other than "NA." Army Regulation 635-200 (Active Duty Enlisted Administration Separations) states a member of a Reserve component (RC) who is not on active duty or who is serving under a call or order to active duty for 180 days or less begins entry-level status upon enlistment in an RC. The...
ARMY | BCMR | CY2012 | 20120016763
He states his DD Form 214 should show award of the Army Aviation Badge, and the Army Good Conduct Medal should have been awarded upon his discharge based upon his Enlisted Evaluation Reports. Army Regulation 672-5-1 (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 be...
ARMY | BCMR | CY2012 | 20120016779
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. His record is void of documentation showing the specific reason for his reduction. His conviction and sentence by general court-martial were effected in accordance with applicable law and regulations and the discharge appropriately characterizes the misconduct for which he was convicted.
ARMY | BCMR | CY2012 | 20120016784
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 13 May 1970, the separation authority approved the applicant's request for discharge and directed the issuance of an Undesirable Discharge Certificate. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2012 | 20120016802
The applicant requests the payment of 30 days of Post-Deployment/ Mobilization Respite Absence (PDMRA) leave. When he was released from active duty (REFRAD) he was informed he was entitled to 30 days of PDMRA leave and, as he was returned to a retired status, he could request the 30 days in the form of pay. The evidence of record shows the applicant was mobilized as a Retiree Recall and he served on active duty for 2 years from 23 April 2006 to 22 April 2008.
ARMY | BCMR | CY2012 | 20120016808
His OAB Agreement shows: * he agreed to serve in AOC 15A which was a critical officer skill designated for bonus entitlement * a bonus control number was assigned to the OAB Agreement * the incentive manager (IM) failed to sign the OAB Agreement 3. National Guard Regulation 600-7 (Selected Reserve Incentive Programs), paragraph 2-5, states bonus contracts are valid only with bonus control numbers which will be issued from the State Incentive Management Office to Military Entrance Processing...
ARMY | BCMR | CY2012 | 20120016829
He was not in the correct position to be promoted. AGR officers who have been selected for promotion and are not assigned/attached to a position calling for a higher grade will receive a delay of promotion without requesting such action. Absent evidence showing that the applicant was transferred into a unit position calling for a CW2 his date of rank should not be changed.
ARMY | BCMR | CY2012 | 20120016831
The applicant requests the removal of a relief for cause officer evaluation report (OER) and a DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)) from his Official Military Personnel File (OMPF), currently referred to as the Army Military Human Resource Record (AMHRR). There is no evidence in the available records to show that the applicant appealed the contested OER to the Officer Special Review Board within that boards statute of limitations. ...
ARMY | BCMR | CY2012 | 20120016842
On 17 July 2012, the Army Discharge Review Board denied the applicant's request for an upgrade of his uncharacterized entry level discharge. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. A separation will be described as an entry-level separation if processing is initiated while a member is in entry-level status, except when characterization under other than honorable conditions is authorized under the reason for separation and is...
ARMY | BCMR | CY2012 | 20120016873
On 17 March 2008, a FedRec Examining Board (FREB) found him qualified for appointment and FedRec in the rank of MAJ, Quartermaster (QM) Corps, in the IAARNG, with an effective date of 23 October 2008. National Guard Regulation 600-100 (Personnel - General, Commissioned Officers Federal Recognition and Related Personnel Actions), paragraph 2-4b, states the effective date of FedRec for original appointment is that date on which the officer executes the oath of office in the State. As a...
ARMY | BCMR | CY2012 | 20120016875
The applicant requests correction of her records to show she was promoted to first lieutenant (1LT)/pay grade O-2 with an active duty date of rank (ADOR) that takes into account the constructive credit she was granted. In support of her request the applicant provides email messages ranging in dates from 2 March through 11 May 2012 that show the applicant sought assistance in correcting her appointment documents, active duty orders, and promotion orders to show her SSI as 66H8A, 2LT DOR as...
ARMY | BCMR | CY2012 | 20120016887
The applicant requests removal of the DA Form 2166-8 (Noncommissioned Officer (NCO) Evaluation Report (NCOER)) covering the period 1 October 2010 through 17 June 2011 from his Army Military Human Resource Record (AMHRR) or, in the alternative, the "Needs Improvement" rating for "Physical Fitness and Military Bearing" in the report be modified. c. he should have taken the profile or at least told his command he was under evaluation. In his appeal, he stated: * All of the marks standing...
ARMY | BCMR | CY2012 | 20120016908
In his request for discharge, he acknowledged he understood if the discharge request were approved, he might be discharged under other than honorable conditions and be furnished an Under Other Than Honorable Conditions Discharge Certificate. There is no evidence the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. His record of service shows he was AWOL for 45 days when he was returned to military control.
ARMY | BCMR | CY2012 | 20120016930
c. Notwithstanding Dr. Snxxxxxss' conclusion that the applicant's condition did not fail retention standards, the USAPDA is of the opinion that this behavioral health diagnosis (now diagnosed as PTSD) was unfitting at the time the applicant was separated from the military (See VASRD 4.125 (b) (recognizing that a new diagnosis (i.e., PTSD) may represent the progression of a prior diagnosis)). The SRP finding, dated 10 September 2013, which had been forwarded to the applicant and is attached...
ARMY | BCMR | CY2012 | 20120016931
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. He provided a statement, dated 28 August 2012, from the other party involved. She attests: * that no adulterous/sexual relationship existed between her and the applicant * the charge of adultery is simply not true and based on an incorrect assumption * on at least two occasions during the time when the applicant was in the process of being charged by his chain of command she attempted to make an appointment with the commander and her...
ARMY | BCMR | CY2012 | 20120016932
On 30 September 2011, the Department of the Army Suitability Evaluation Board (DASEB), after examining the applicant's record and the documents he submitted in appeal, determined the evidence did not provide substantial evidence that the record of NJP in question had served its intended purpose or that its transfer would be in the best interest of the Army. As a result, it would be appropriate to transfer the NJP record and all related documents, including the GOMOR, to the R portion of his...
ARMY | BCMR | CY2012 | 20120016934
On 7 March 1978, the FSM was notified that the Army Discharge Review Board (ADRB) considered his request under the DOD SDRP and directed that his undesirable discharge be upgraded to a general discharge under honorable conditions. As such, the Board denied the applicant's request for an upgrade of the FSM's undesirable discharge to an honorable discharge. In the absence of compelling reasons to the contrary, this program, known as the DOD SDRP, required that a discharge upgrade to either...
ARMY | BCMR | CY2012 | 20120016937
BOARD DATE: 15 November 2012 DOCKET NUMBER: AR20120016937 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. On 24 June 1983, a draft/unsigned U.S. Army Enlisted Records and Evaluation Center (USAREC) Form 3 (Statement of Service - Enlisted Personnel) was prepared to compute his total service for pay. The evidence of record shows the applicant was in fact retired on 24 April 1983 when he was placed on the TDRL.
ARMY | BCMR | CY2012 | 20120016940
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his middle name as "Harold" instead of "Howard." 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. DISCUSSION AND CONCLUSIONS: The evidence of record shows his...
ARMY | BCMR | CY2012 | 20120016944
The applicant provides: * DD Form 214, dated 15 June 2009 * DD Form 4/1 and DD Form 4/3 (Enlistment/Reenlistment Document Armed Forces of the United States) * Army Commendation Medal Permanent Orders 156-065, dated 5 June 2006 * Army Commendation Medal Permanent Orders Number 007-306, dated 7 January 2009 * Army Commendation Medal Permanent Orders Number 038-439, dated 7 February 2009 CONSIDERATION OF EVIDENCE: 1. The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to...
ARMY | BCMR | CY2012 | 20120016952
The applicant requests correction of his records to show he was medically retired based on a permanent disability. The applicant provides a copy of his Medical Evaluation Board (MEB) and PEB proceedings, and a letter from the U.S. Army Physical Disability Agency (USAPDA). The president of the PEB noted the records that were made available to the Board indicated the applicant's request for non-disability retirement was approved on or about 22 December 2010 (for release from active duty...
ARMY | BCMR | CY2012 | 20120016958
The applicant requests, in effect, that his discharge be voided and that he be discharged or retired by reason of permanent disability or that he be afforded a medical evaluation under the Physical Disability Evaluation System (PDES). Counsel states, in effect, that the applicant was discharged in 2006 at a time when the Army treated PTSD and mental disorders differently than it does today. On 1 November 2006, he was honorably discharged under the provisions of Army Regulation 635-200,...
ARMY | BCMR | CY2012 | 20120016959
On 13 December 1972, the unit commander initiated action to separate the applicant under the provisions of Army Regulation 635-212 (Personnel Separations - Discharge - Unfitness and Unsuitability) for unsuitability. There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2012 | 20120016962
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 combat service in Iraq. * Item 12f shows foreign service completed during the period covered by the DD Form 214 * Item 13 lists all awards and decorations from the Soldier's records * Item 18 states for an active duty Soldier deployed with his or her unit during their continuous...
ARMY | BCMR | CY2012 | 20120016971
The applicant requests, in effect, correction of his DA Forms 67-9 (Officer Evaluation Report (OER)), for the rating periods 2 August 2005 through 9 June 2006 and 10 June 2006 through 4 November 2006 (hereafter referred to as the contested OERs), to show in: * Part I, block (l) (Number of Enclosures) the entry "0" * Part II, block d (This is a referred report, do you wish to make comments?) (1) Paragraph 3-34 stipulates that any report with an entry of "NO" in Part IVc indicating...
ARMY | BCMR | CY2012 | 20120016977
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 in Iraq and the "Accommodation Medal" (i.e., Army Commendation Medal (ARCOM)) he earned. Although there is no evidence the applicant served in Iraq, the DFAS record confirms he received HF/IDP and CZTE for Kuwait during the period 26 September 2006 through 15 December 2007.
ARMY | BCMR | CY2012 | 20120016980
Application for correction of military records (with supporting documents provided, if any). His service record contains no permanent change of station orders, TDY orders, or any other official documents that shows he was ordered to or served in Vietnam from September to December 1966. Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214 and stated that item 18f shows the total active duty outside the continental limits of the United...
ARMY | BCMR | CY2012 | 20120016995
Application for correction of military records (with supporting documents provided, if any). It also advised him he was entitled to participate in the RCSBP and that by law he had only 90 calendar days from the date he received the notification to submit a DD Form 1883; and that if he failed to submit the election form within 90 days he would not be entitled to SBP coverage until he applied for retired pay at age 60. As a result, the Board recommends that all Department of the Army records...
ARMY | BCMR | CY2012 | 20120016996
The applicant requests a change of his home of record (HOR) from "North Carolina" to "Philippines." His record includes: * a DD Form 214 covering his RA service showing his HOR as an address in Daly City, CA * a DA Form 597-3 showing his HOR as an address in Hayward, CA * active duty orders showing his HOR as an address in San Mateo, CA * retirement orders showing his HOR as an address in "Hatward, CA" (presumably an error that should read "Hayward, CA") * an amendment to his retirement...
ARMY | BCMR | CY2012 | 20120016997
(2) Paragraph 6-11 outlines the burden of proof that must be met to support a successful evaluation report appeal. The record shows his OER for the period ending 18 June 2009 was accepted by HQDA and is included in his official record. The recommendations he provides are dated well after the end of the rating period documented by the OER in question, and there is no evidence that the recommending individuals were in a position to evaluate the performance of his duties during the rating period.
ARMY | BCMR | CY2012 | 20120016998
The program guidance stipulates that if a service member becomes retirement eligible during the period beginning on 1 August 2009 through 1 August 2013 and agrees to serve the additional period as specified below, he/she is entitled to transfer benefits to his/her dependents: a. service members eligible for retirement on 1 August 2009 no additional service required; b. service members who have an approved retirement date after 1 August 2009 and before 1 July 2010 no additional service...
ARMY | BCMR | CY2012 | 20120016999
The FSM and the applicant divorced on 23 June 2009. Given a court of competent jurisdiction awarded SBP coverage to the applicant, it would be equitable to correct the FSM's record to show she made a written request for a deemed election of former spouse coverage within the time frame provided by law. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * showing the applicant submitted a deemed election request to change...
ARMY | BCMR | CY2012 | 20120017001
Application for correction of military records (with supporting documents provided, if any). b. Paragraph 3-36 states that when NJP is imposed under Article 15, UCMJ, all action taken, including notification, acknowledgements, imposition, appeal, action on appeal, or any other action, will be recorded on a DA Form 2627. It states that application for removal of a DA Form 2627 from a Soldier's AMHRR based on an error or injustice will be made to the Army Board for Correction of Military...
ARMY | BCMR | CY2012 | 20120017017
The applicant's military records show he enlisted in the Regular Army on 20 August 1987 in the rank of private/E-2 after having prior military service in the U.S. Army Reserve. On 17 October 1988, the unit commander notified the applicant that he was initiating action to separate him under honorable conditions under the provisions Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 14-12c, for misconduct commission of a serious offense. His DD Form 214 shows...
ARMY | BCMR | CY2012 | 20120017032
b. Paragraph 3-7b states that a GD is a separation under honorable conditions issued to a Soldier whose military record was satisfactory but not so meritorious as to warrant an HD. The applicant has not provided and the record does not contain any evidence that shows he was an AIT honor graduate or that his recruiter went with him to any court hearing. In addition to the pre-service cocaine conviction that was not disclosed at the time of his enlistment, the applicant also had several...
ARMY | BCMR | CY2012 | 20120017039
The applicant requests upgrade of his entry level status uncharacterized discharge to a general discharge. Although the separation authority's approval action stated the applicant would be issued a General Discharge Certificate, the applicant was in an entry level status at the time because he had served fewer than 180 days of active Federal service before the date of the initiation of his separation action on 24 June 1987. However, his service record is void of medical documentation which...
ARMY | BCMR | CY2012 | 20120017048
There is no evidence of record and the applicant did not provide any evidence that shows he was recommended for or awarded the first award of the Army Good Conduct Medal. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the...
ARMY | BCMR | CY2012 | 20120017050
The applicant's contention that his effective date of promotion to MAJ should be adjusted to 13 April 2005 and therefore, upon correction, his DOR to LTC should be changed to 12 April 2012 was carefully considered and found to have merit; however, there are some errors the Army Board for Correction of Military Records (ABCMR) may not correct. With respect to his DOR to LTC, Army Regulation 135-155, the governing Army regulation, states the DOR (upon promotion) will be the date the officer...
ARMY | BCMR | CY2012 | 20120017052
The applicant provides his DD Form 214. Evidence of record clearly shows the applicant was approved for REFRAD under the provisions of Army Regulation 635-200 due to hardship with an effective date of 9 January 1969. ____________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 | 20120017057
d. Correct item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to add the Defense Meritorious Service Medal and to list his awards by order of precedence as follows: * Legion of Merit * Bronze Star Medal * Defense Meritorious Service Medal * Meritorious Service Medal (1st Oak Leaf Cluster) * National Defense Service Medal * Vietnam Service Medal with 1 silver service star and 1 bronze service star * Republic of Vietnam Campaign Medal with Device...
ARMY | BCMR | CY2012 | 20120017065
Qualifying service for this award includes participation in: * Panama - Operation Just Cause from 20 December 1989 through 31 January 1990. The applicant contends that his DD Form 214 should be corrected to show he served in combat while in Panama and Haiti. As a related matter, evidence of record shows that the applicant was assigned to the 154th Signal Battalion, Panama on 17 July 1989 and he departed Panama on 4 November 1990.
ARMY | BCMR | CY2012 | 20120017072
The applicant states he has new evidence that will show he was treated for wounds from enemy shrapnel. He is providing a statement from the combat medic who treated his wounds. There also is no evidence in his service personnel records that shows that he was wounded or treated for wounds as a result of hostile action in Vietnam.
ARMY | BCMR | CY2012 | 20120017073
The applicant provides: * 2 self-authored statements * Reference letter, dated 27 August 2012 * DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States), dated 18 June 2012 * General Discharge Certificate * Letter, U.S. Army Office of the Adjutant General, dated 16 October 1978 * Presidential Pardon, dated 23 August 1975 * DD Form 214 (Report of Separation from Active Duty) * Letter, Department of Veterans Affairs (VA), dated 23 December...
ARMY | BCMR | CY2012 | 20120017075
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Bronze Star Medal with "V" Device. The Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214...
ARMY | BCMR | CY2012 | 20120017082
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his retirement date as 17 November 1990 instead of 11 September 1987. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The applicant was retired from active duty on 10 September 1987 and placed on the TDRL due to physical disability-temporary.
ARMY | BCMR | CY2012 | 20120017083
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) in: a. item 12a (Date Entered Active Duty This Period); and b. item 18 (Remarks) the Delayed Entry Program (DEP) dates. The evidence of record contains a DD Form 4 that confirms the applicant initially enlisted in the DEP on 9 November 2006. As a matter of information, the total active duty service entered in item 12c does in fact account for active duty service between 16 November...
ARMY | BCMR | CY2012 | 20120017088
On 28 July 1971, the applicant's company commander issued the applicant a Certificate of Unsuitability for Reenlistment. On 22 September 1971, the appropriate separation authority approved the applicant's request for discharge for the good of the service and directed the issuance of an Undesirable Discharge Certificate. ____________x_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military...
ARMY | BCMR | CY2012 | 20120017094
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Meritorious Unit Commendation and Republic of Korea Presidential Unit Citation. His record contains an undated letter wherein he stated: * his unit, the 60th Signal Services Company, Army Security Agency (ASA), left Fort Lewis, WA, on 20 September 1950 and...
ARMY | BCMR | CY2012 | 20120017107
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Action Badge, Army Good Conduct Medal, and any awards he is authorized for his participation in Operation Iraqi Freedom (OIF). His records also show he completed a period of service that qualifies him for award of the Global War on Terrorism Service Medal which is not shown on his records. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2012 | 20120017109
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his DD Form 214 (Certificate of Release or Discharge From Active Duty) be corrected to show award of five Army Commendation Medal. The applicant's interactive Personnel Electronic Records Management System contains: * orders for two Good Conduct Medals and an Army Achievement Medal * his Enlisted Record Brief lists only one Army Commendation Medal * his Personnel Qualification Record - Part II does not list...