ARMY | BCMR | CY2013 | 20130015912
He should have been sent to a medical board and a granted a medical discharge. The objectives of standards was to ensure all Soldiers were physically qualified to perform their duties in a reasonable manner, medical retention qualification standards had been established in Army Regulation 40501 (Standards of Medical Fitness), chapter 3. His military records also contain no evidence which would entitle him to a medical discharge.
ARMY | BCMR | CY2013 | 20130015914
Application for correction of military records (with supporting documents provided, if any). NJP is "wholly set aside" when the commander who imposed the punishment, a successor-in-command, or a superior authority sets aside all punishment imposed upon an individual under Article 15. There is no evidence of record that shows he was promoted back to SSG/E-6 to prior to retirement.
ARMY | BCMR | CY2013 | 20130015916
IN THE CASE OF: BOARD DATE: 26 February 2014 DOCKET NUMBER: AR20130015916 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, correction of his record to show approval of a waiver for recoupment of a portion of his Non-Prior Service Enlistment Bonus (NPSEB). The advisory opinion recommends disapproval of the applicant's request based on section V of the NPSEB Addendum which provides that bonus eligibility would be terminated with recoupment if he voluntarily...
ARMY | BCMR | CY2013 | 20130015917
BOARD DATE: 4 June 2014 DOCKET NUMBER: AR20130015917 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, an upgrade of his general discharge to an honorable discharge. However, his records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) which shows he was discharged under other than honorable conditions on 5 April 1972 under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel),...
ARMY | BCMR | CY2013 | 20130015921
The applicant requests correction of his military records to show his date of birth (DOB) as 26 October XXXX instead of 24 August XXXX. All of his service personnel records show his DOB as 24 August XXXX. Although the birth certificate provided by the applicant shows his DOB as 26 October XXXX, the evidence of record shows he reported his DOB as 24 August XXXX when he enlisted in the RA in 1955.
ARMY | BCMR | CY2013 | 20130015922
On 24 June 2001, the applicants immediate commander notified him of his intent to initiate separation action against him in accordance with Army Regulation 635-200 (Personnel Separations), paragraph 14-12c, for misconduct - commission of a serious offense. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged under the provisions of chapter 14 of Army Regulation 635-200 by reason of misconduct (serious offense) with an under honorable conditions...
ARMY | BCMR | CY2013 | 20130015924
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to correct his name, social security number, dates of enlistment and discharge, date of birth (DOB), and place of birth. The applicant's records show he enlisted in the Regular Army on 31 July 1972. While the applicant's desire to change his military records is understood, all of the documents in the applicant's record show he used the following when he enlisted and when he served in an active duty...
ARMY | BCMR | CY2013 | 20130015926
He provides: * social security card * U.S. Uniformed Services Identification Card * DD Form 2656 (Data for Payment of Retired Personnel) * DD Form 108 (Application for Retired Pay Benefits) * Army National Guard Retirement Points History Statement * DA Form 1341 (Joint Uniform Military Pay System Army Allotment Authorization) * birth certificate (Puerto Rico) * Notification of Eligibility for Retired Pay at Age 60 * Army National Guard discharge orders CONSIDERATION OF EVIDENCE: 1. Item 1...
ARMY | BCMR | CY2013 | 20130015927
His record contains the following: * Orders Number 140-10, issued by the U.S. Army Military Personnel Center, dated 30 November 1987, promoting him to MSG/E8 effective 1 January 1988 with a date of rank of 21 December 1987 * Orders Number 55-16, issued by the 546th Personnel Service Company, Fort Hood, dated 22 March 1988, terminating his rank of 1SG and appointing him as a MSG with a date of rank of 21 December 1987 * DA Form 2339 (Application for Voluntary Retirement), dated 1 February...
ARMY | BCMR | CY2013 | 20130015929
Army Regulation 135-180 (Army National Guard and Army Reserve Qualifying Service for Retired Pay Nonregular Service) states that a person granted retired pay will receive such pay in the highest grade (temporary or permanent) satisfactorily held by him or her during his or her entire period of service. In the applicant's case, the evidence of record shows he was promoted to SFC/E-7 and successfully held that grade for many years until he was honorably discharged from the USAR on 10 November...
ARMY | BCMR | CY2013 | 20130015935
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his last name as Ab-----h vice A---h and his social security number (SSN) as 557-XX-XXXX vice 577-XX-XXXX. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While the...
ARMY | BCMR | CY2013 | 20130015937
He was assigned to Germany in 1980. c. he received a lackluster Officer Evaluation Report from his battalion commander. His former battalion commander recommended a month's pay be taken from him two years after he left Europe and after another officer had signed for and been responsible for the equipment. On 11 March 1985, he was discharged under the provisions of Army Regulation 635-120, chapter 5, in lieu of trial by court-martial, with an under other than honorable conditions discharge.
ARMY | BCMR | CY2013 | 20130015942
The applicant requests, in effect, that the records of her deceased husband, a former service member (FSM), be corrected to show that he timely applied for Reserve Component Survivor Benefit Plan (RCSBP) spouse only coverage upon receipt of his 20-Year letter. On 26 July 2012, officials at HRC notified the applicant that the FSM did not submit his DD Form 1883 within 90 days of the date he received his 20-Year letter; therefore, it was not a valid election and he had to wait until he...
ARMY | BCMR | CY2013 | 20130015943
The applicant states he would like the U.S. Army to correct his SSN on his DD Form 214 from "XX5-9X-1XXX" to "XX1-3X-2XXX." Documents contained in the applicant's military record show he served in the RA and USAR with the SSN "XX5-9X-1XXX." There is no evidence of record and he did not provide sufficient evidence to show the SSN listed on his DD Form 214 was not the SSN he claimed at the time.
ARMY | BCMR | CY2013 | 20130015946
a. Paragraph 2-2 states to qualify for selection, commissioned officers (other than commissioned warrant officers) must complete the military educational requirements in table 2-2 not later than the day before the selection board convene date. The Fiscal Year 2013 promotion board convened on 27 November 2012 and considered her non-educationally qualified and she was again not selected for promotion. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2013 | 20130015948
d. According to Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 1-33, separations based on medical unfitness take precedence over administrative separations, except in those cases where the Soldier is being separated under the provisions of Army Regulation 635-200, chapter 10. Documents previously considered by the Board, arranged chronologically: * extracts from Army Regulation 40-501 and Army Regulation 635-200 * a roster of all AGR Soldiers, including...
ARMY | BCMR | CY2013 | 20130015949
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 January 1992 to show in: * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) * Army Good Conduct Medal (4th Award) * Expert Marksmanship Qualification Badge with Hand Grenade Bar * item 14 (Military Education), in effect: * Advanced Food Service Specialist, 2 weeks, 1983 * Jungle Operations Training...
ARMY | BCMR | CY2013 | 20130015952
On 2 February 1989, his immediate commander notified him of his intent to initiate separation action against him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 14-12d for misconduct, the use of illegal drugs. He waived consideration of his case by an administrative separation board on the condition he received no less than a general discharge. The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued...
ARMY | BCMR | CY2013 | 20130015955
He provides: * Self-authored statement * Report of Proceedings by a Board of Officers with an extract of time lost, statement and certificate by commanding officer, and outpatient index * Special Orders Number 190, dated 16 August 1954 * Special Orders Number 197, dated 24 August 1954 * Special Orders Number 184, dated 9 August 1954 * VA Form 686c (Declaration of Marital Status), dated 1 November 1954 * WD AGO Form 53 (Enlisted Record and Report of Separation Honorable Discharge) * Two DD...
ARMY | BCMR | CY2013 | 20130015960
A designation of "unfit for duty" is required before an individual can be separated from the military because of an injury or medical condition. A disability rating assigned by the Army is based on the level of disability at the time of the Soldier's separation and can only be accomplished through the PDES. Referral to the Army disability system requires a designation of "unfit for duty" before an individual can be separated from the military because of an injury or medical condition.
ARMY | BCMR | CY2013 | 20130015963
(6) The governing regulation states, "the appointing and approving authorities must act on the DD Form 200 once an individual has been properly notified and given the opportunity to respond to the findings. Army Regulation 735-5, chapter 13, detailed the FLIPL process and stated the Government may impose a finding of pecuniary liability whenever negligence or willful misconduct is found to be the proximate cause of any loss, damage, or destruction of Government property. It also states, in...
ARMY | BCMR | CY2013 | 20130015966
The applicant requests, in effect, the narrative reason and separation program designator (SPD) code shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to reflect that he was discharged for medical reasons so he can receive medical benefits. He advised the applicant that the final decision in his case rested with the separation authority and if his separation was approved, his service would be characterized as honorable. Army Regulation 635-5-1 (SPD...
ARMY | BCMR | CY2013 | 20130015970
The applicant requests, in effect, correction of his records by masking the senior rater profiles of the four officer evaluation reports (OER) he received during the period 2 December 2007 through 12 May 2010 and promotion consideration to the rank of colonel by special selection boards. The statement from the SR of his second contested report covering the period 24 November 2008 through 20 May 2009 provided by the applicant states, in effect, that he relied on the recommendation of the...
ARMY | BCMR | CY2013 | 20130015972
The applicant requests the Army Commendation Medal, Air Medal, Aircraft Crewman Badge, and Vietnam Service Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). However, he provides a citation and award certificate for the Army Commendation Medal for meritorious service during the period 24 December 1971 to 24 December 1972. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2013 | 20130015975
He also indicated he understood that if an undesirable discharge was issued to him that such a discharge would be under conditions other than honorable and that as a result of such a discharge he could be deprived of many or all rights as a veteran under both Federal and state laws and that he may expect to encounter substantial prejudice in civilian life in situations where the type of service rendered in any branch of the Armed Forces or the type of discharge received therefrom could have...
ARMY | BCMR | CY2013 | 20130015977
The applicant states: * the FSM's records show a determination of willful misconduct, which is erroneous and should be corrected * there was no willful misconduct in this case, only temporary alleviation of stress due to repeated deployments, family separation and untreated post-traumatic stress disorder (PTSD) * the FSM suffered from PTSD that could have been treated * the FSM displayed signs of depression * police records, a U.S. Army Criminal Investigation Command (also known as CID)...
ARMY | BCMR | CY2013 | 20130015978
U.S. Army Military Personnel Center, Alexandria, VA, Orders S203-10, dated 20 October 1981, retired him from active duty effective 31 December 1981. This is the correct retirement date. His pay records from a monetary standpoint appear to be accurate in that they account for his 3 years and 2 months of active duty recall, but his retirement date is correct and there is no basis to change it.
ARMY | BCMR | CY2013 | 20130015983
The applicant submitted an application through the DOD Physical Disability Board of Review (PDBR) Mental Health Special Review Panel (SRP). The PDBR SRP conducted a comprehensive review of the applicants submissions and records for evidence of inappropriate changes in the diagnosis of a mental health condition during processing through the military disability system. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the mental health condition during...
ARMY | BCMR | CY2013 | 20130015985
The applicant requests a review of the military disability evaluation pertaining to a mental health condition. The PDBR SRP conducted a comprehensive review of the applicants submissions and records for evidence of inappropriate changes in the diagnosis of a mental health condition during processing through the military disability system. _______ _ _X____ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...
ARMY | BCMR | CY2013 | 20130015989
The applicant requests a review of the military disability evaluation pertaining to a mental health condition. The applicant submitted an application through the Department of Defense (DOD) Physical Disability Board of Review (PDBR) Mental Health Special Review Panel (SRP). The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the mental health condition during processing through the military disability evaluation system.
ARMY | BCMR | CY2013 | 20130015994
If he had not received counseling by that Army official he would not have shipped his POV at his own expense. A review of the available evidence fails to reveal any evidence showing that the applicant was misinformed by Army officials regarding shipment of his POV. The applicant is not authorized reimbursement for shipment of his POV within the CONUS.
ARMY | BCMR | CY2013 | 20130015995
The applicant states, in effect, that she was misled by recruiters at the time she signed her bonus agreement and as a result, her $20,000 bonus was recouped because the agreement was improperly dated. In the processing of this case a staff advisory opinion was obtained from the U.S. Army Reserve Command which opines that the applicant was indeed misled by her recruiter and as a matter of equity and good conscience, the applicants request should be approved and her recouped bonus should be...
ARMY | BCMR | CY2013 | 20130015996
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a certificate of achievement. Army Regulation 635-5 (Separation Documents) states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).
ARMY | BCMR | CY2013 | 20130016000
Title 10, U.S. Code, section 1372, states any member of the Armed Forces who is retired for physical disability or whose name is placed on the TDRL, is entitled to the grade equivalent to the highest of the following: a. the grade in which he/she is serving on the date when his/her name was placed on the TDRL or on the date when retired; b. the highest temporary grade in which he/she served satisfactorily; c. the permanent regular grade to which he/she would have been promoted had it not...
ARMY | BCMR | CY2013 | 20130016001
The applicant requests an upgrade of his under other than honorable conditions discharge. He indicated he understood that if his request were accepted, he could be discharged under other than honorable conditions and issued 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 Records in this case.
ARMY | BCMR | CY2013 | 20130016002
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that his date of rank (DOR) for promotion to private first class (PFC) of 10 October 2013 be backdated to the date of his enlistment on 10 October 2012. The evidence of record shows at the time of his enlistment, the applicant had completed 79.5 semester hours.
ARMY | BCMR | CY2013 | 20130016003
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of her Army Military Human Resource Records (AMHRR) to show her social security number (SSN) as XXX-X6-XXXX. There is no evidence in the available record showing that she used "XXX-X6-XXXX" as her SSN.
ARMY | BCMR | CY2013 | 20130016004
Application for correction of military records (with supporting documents provided, if any). However, the available evidence includes: a. a DA Form 2496 (Disposition Form), Subject, Request for Discharge for Good of the Service, which shows on 18 March 1983, the applicant submitted a voluntary written request for discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, for the good of the service - in lieu of trial by court-martial....
ARMY | BCMR | CY2013 | 20130016013
Once a determination of physical unfitness is made, the PEB rates all disabilities using the VA Schedule of rating Disabilities. The Army rates only conditions determined to be physically unfitting at the time of discharge which disqualify the Soldier from further military service. However, the VA may rate all service-connected conditions.
ARMY | BCMR | CY2013 | 20130016014
Her DD Form 214 shows: a. she was separated under the provisions of Army Regulation 635-200, chapter 8, due to pregnancy; b. her service was characterized as under honorable conditions, general; c. she completed 2 years, 6 months, and 14 days of creditable active duty service; d. her foreign service is blank; and e. her remarks block does not contain the dates of her deployment. The applicant contends that her DD Form 214 should be corrected to show her overseas service in Kuwait and that...
ARMY | BCMR | CY2013 | 20130016016
Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This letter further informed him that by law, he had only 90 calendar days from the date he received this letter to submit his DD Form 1883 (SBP Election Certificate). The applicant's records do not indicate he elected to participate in the RCSBP within 90 days of receiving his 20-year letter, and it appears he...
ARMY | BCMR | CY2013 | 20130016017
Although the Title 10, U.S. Code, section 12302 order for the period 22 June 2011 to 20 June 2012 is a qualifying order for PDMRA consideration, the applicant has been on continuous back-to-back orders since 28 September 2007 and the service periods have not been adjudicated; therefore, there is no error to correct or adjust under GA2. It is the Soldier's responsibility to schedule their usage of any earned PDMRA while at their mobilization permanent duty station or return to the...
ARMY | BCMR | CY2013 | 20130016018
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons, Awarded or Authorized) award of the: * Army Achievement Medal (AAM) * Army Commendation Medal (ARCOM) * Combat Action Badge (CAB) 2. Chapter 2 contains guidance for preparation of the DD Form 214 and states: a. for item 12f enter the total amount of foreign service completed during the Soldiers...
ARMY | BCMR | CY2013 | 20130016019
Section V (Termination) of his NGB Form 600-7-3-R-E states, "I understand I will be terminated from bonus eligibility with recoupment if I: * Fail to extend my enlistment for time served in the ING within 30 days after return to my unit; recoupment is required from the effective date of transfer to the ING * Exceed the maximum time in the ING; recoupment is required from the date of transfer into the ING" 4. Orders 291-037, dated 18 October 2007, show he was released from Support Company,...
ARMY | BCMR | CY2013 | 20130016020
The applicant requests a review of the military disability evaluation of her mental health condition. The PEB recommended permanent retirement at the rate of 30%. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from her MEB/PEB proceedings "Depressive Disorder, NOS, meets retention standards" and adding "PTSD, chronic, fails retention standards" and "Major Depressive Disorder, recurrent, moderate, fails...
ARMY | BCMR | CY2013 | 20130016021
On 11 October 2011, he was honorably discharged under the provisions Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 4, by reason of disability, non-combat related with entitlement to severance pay. The Army rates only conditions determined to be physically unfitting at the time of discharge which disqualify the Soldier from further military service. The PEB did so and rated him 20 percent disabled for his condition.
ARMY | BCMR | CY2013 | 20130016027
The applicant requests correction of his military records by showing he was retired in the rank of major, pay grade O-4. On 19 March 2013, the Chief, Officer Retention and Transition, United States Army Human Resources Command (HRC) requested a grade determination from the Army Grade Determination Review Board (AGDRB) regarding the applicant's request for retirement. The applicant contends that his military records should be corrected by showing he was retired in the rank of major, pay...
ARMY | BCMR | CY2013 | 20130016030
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. In his request for discharge, he indicated he understood that by requesting discharge, he was admitting guilt to the charge against him or of a lesser-included offense that also authorized the imposition of a discharge under other than honorable conditions. There is no indication the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.
ARMY | BCMR | CY2013 | 20130016035
IN THE CASE OF: BOARD DATE: 3 June 2014 DOCKET NUMBER: AR20130016035 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests reconsideration of his request for award of the Combat Medical Badge (CMB) and correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show the CMB. As with the CIB, the infantry unit to which the medical personnel are assigned or attached must engage the enemy in active ground combat and the medical...
ARMY | BCMR | CY2013 | 20130016046
Application for correction of military records (with supporting documents provided, if any). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by replacing the SSN entered on his DD Form 214 with the SSN shown on his social security card. ______ _ ___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.