ARMY | BCMR | CY2013 | 20130022072
The applicant requests, in effect, that his records be corrected to show that he was transferred to the Retired Reserve. Orders 12-102-00025, dated 11 April 2012, discharged the applicant from the USAR effective 16 April 2012. The available evidence does not support the applicant's request for correction of his record to show he was transferred to the Retired Reserve instead of being discharged.
ARMY | BCMR | CY2013 | 20130022076
The applicant requests correction of her medical evaluation board (MEB) and physical evaluation board (PEB) proceedings to show additional unfitting medical conditions and her discharge with severance pay changed to physical disability retirement. The applicant contends her MEB and PEB proceedings should be corrected to show additional unfitting medical conditions and her discharge with severance pay changed to physical disability retirement. The VA is not required to find unfitness for duty.
ARMY | BCMR | CY2013 | 20130022077
Only so much of the sentence as provided for a BCD, confinement for 12 months, forfeiture of all pay and allowances, and reduction to the grade of private/E-1 was approved and, with the exception of the BCD, directed to be executed. On 27 January 1993, he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 3, section IV, with a BCD in accordance with the affirmed sentence. He completed 2 years, 5 months, and 16 days of total...
ARMY | BCMR | CY2013 | 20130022082
His record does not contain any evidence that shows he appeared before a SSG promotion board. The evidence of record shows the applicant was promoted to SGT/E-5 on 17 January 1971. There is no evidence he was promoted above this rank/grade at any time.
ARMY | BCMR | CY2013 | 20130022083
While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. Regrettably, there is an insufficient evidentiary basis for awarding him the Purple Heart or amending his DD Form 214 to show he sustained a wound as the result of hostile...
ARMY | BCMR | CY2013 | 20130022084
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: a. deleting the Vietnam Service Medal and overseas service bar from his DD Form 214; and b. adding the following awards to his DD Form 214: * Bronze Star Medal (2nd Award) * Army Good...
ARMY | BCMR | CY2013 | 20130022085
It stipulates that a Soldier would be given a bad conduct discharge pursuant only to an approved sentence of a general or a special court-martial and that the appellate review must be completed and affirmed before the sentence is ordered b. paragraph 3-7a states an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. However, since his medical records are not available they are not supported by evidence of record and he provides insufficient...
ARMY | BCMR | CY2013 | 20130022087
The evidence of record shows that upon processing for entry into military service the applicant reported that his middle name was "Ronald" and that middle name was recorded in his military service records when he enlisted in the Regular Army. Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the documents provided by the applicant offer insufficient evidence to warrant a change to the middle name...
ARMY | BCMR | CY2013 | 20130022092
The applicant requests an upgrade of his discharge under other than honorable conditions. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. There is no evidence that indicates he was any less mature than other Soldiers of the same age who successfully completed their military terms of service.
ARMY | BCMR | CY2013 | 20130022094
The evidence of record shows the applicant's DOB was recorded incorrectly on both of his DD Forms 214. Therefore, these documents should be corrected to show his date of birth as recorded on his DD Forms 4. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending each of his DD Forms 214 to show his date of birth as shown on his DD Forms 4.
ARMY | BCMR | CY2013 | 20130022095
The applicant requests * issuance of a Purple Heart medal * correction of his DD Form 214 (Report of Separation) to show he was a prisoner of war (POW) 2. The Republic of Korea War Service Medal 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: a. showing on his DD Form 214 that his authorized...
ARMY | BCMR | CY2013 | 20130022099
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the: * Army Commendation Medal * Humanitarian Service Medal * Korea Defense Service Medal * Army Superior Unit Award 2. Army Regulation 600-8-22 (Military Awards) provides for the following awards: a. 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 the: * Army Commendation Medal *...
ARMY | BCMR | CY2013 | 20130022103
The applicant requests the Army Commendation Medal (ARCOM) be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States). The applicant's complete military records are not available to the Board for review. Since any reasonable doubt should be resolved in the applicant's favor, the citation for the Commendation Ribbon with Metal Pendant for meritorious service during the period 14 December 1952 to 10 November 1953 in Korea provided by the applicant is...
ARMY | BCMR | CY2013 | 20130022106
On 21 May 1990, a medical evaluation board (MEB) convened, and after consideration of clinical records, laboratory findings, and physical examinations, the MEB found the applicant was diagnosed as having the medical condition of somatoform pain disorder. On 20 November 1990, an informal PEB convened and determined that based on a detailed review and consideration of all the evidence of record in his case, the PEB found him fit. The PEB did so and rated his condition 10% disabling.
ARMY | BCMR | CY2013 | 20130022107
He was released from IADT on 25 August 1989 under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 4, by reason of completion of IADT with uncharacterized service. Personnel included are members of the Army National Guard and the USAR separated: a. for physical disability under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), regardless of the period of time served on active duty; b. after...
ARMY | BCMR | CY2013 | 20130022113
The applicant requests that his awards of the Purple Heart and Army Commendation Medal (ARCOM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The applicant served in three campaigns in Vietnam and is entitled to wear three bronze service stars on his already-awarded Vietnam Service Medal and to have them added to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2013 | 20130022119
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. 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. The policy states, in part, that those who retire on or before 1 August 2009 are, by law, not eligible to transfer unused Post-9/11 GI Bill benefits because their last day of duty will be 31 July 2009 and they will transfer to the Retired List on 1 August 2009.
ARMY | BCMR | CY2013 | 20130022122
In particular he lists: * 50th Anniversary World War II Commemorative Medal * Army Commendation Medal * World War II Victory Medal * Good Conduct Medal * American Campaign Medal * Armed Forces Expeditionary Medal * American Defense Service Medal * Combat Action Medal * Combat Medical Badge * Purple Heart * Silver Star * Special Congressional Commendation * Meritorious Unit Emblem * Army Service Ribbon * Overseas Service Ribbon * Bronze Star * Presidential Unit Emblem * Joint Meritorious Unit...
ARMY | BCMR | CY2013 | 20130022125
The applicant states he never received justice for his service in the Republic of Vietnam. 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good...
ARMY | BCMR | CY2013 | 20130022127
Application for correction of military records (with supporting documents provided, if any). The applicant requests her retirement based on permanent disability be voided and that she be allowed to retire under the Temporary Early Retirement Authority (TERA) with 15 years of active service. c. Soldiers pending evaluation for disability retirement under 10 U.S. Code (USC), Chapter 61 are not eligible for early retirement under this directive.
ARMY | BCMR | CY2013 | 20130022129
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show his Social Security Number (SSN) as XXX-XX-X6XX instead of XXX-XX-X5XX, and his Army Service Number (ASN) as US XX XXX 921 instead of US XX XXX 821. ____________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 | 20130022133
He states, in effect, the punishment he received as a result of court-martial was unjust. The evidence of record does not support the applicant's request for an upgrade of his UD. He contends that his drug use rendered him a helpless heroin addict, and if he had been sent to the hospital for detoxification and treatment instead of being tried by court-martial (i.e., instead of appearing before a board of officers considering the recommendation to administratively discharge him), his Army...
ARMY | BCMR | CY2013 | 20130022135
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as "XXX-XX-4320 instead of "XXX-XX-4200. However, his military personnel record contains a DA Form 2962 and DD Form 1407 that both show his SSN as "XXX-XX-4320." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show the SSN that is...
ARMY | BCMR | CY2013 | 20130022136
Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. The evidence of record shows he served in the Dominican Republic with a unit cited for award of the AFEM; therefore, he is entitled to correction of his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the...
ARMY | BCMR | CY2013 | 20130022137
Application for correction of military records (with supporting documents provided, if any). 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. All of the applicants military records show he used throughout his service the same SSN ending with 92.
ARMY | BCMR | CY2013 | 20130022138
The applicant requests an upgrade of his general discharge to an honorable discharge. On 8 March 1979, the applicants unit commander initiated action to separate the applicant under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Separations), paragraph 5-31 (Expeditious Discharge Program (EPD)), with a general discharge. In his statement, dated 12 March 1979, the applicant stated: a.
ARMY | BCMR | CY2013 | 20130022139
On 17 January 1970, the applicant's immediate commander initiated separation action against him in accordance with Army Regulation 635-212 (Personnel Separations - Discharge - Unfitness and Unsuitability) by reason of unfitness. The applicant provides: a. The discharge proceedings were conducted in accordance with law and regulations applicable at the time and the character of service is commensurate with his overall record of military service.
ARMY | BCMR | CY2013 | 20130022141
BOARD DATE: 29 July 2014 DOCKET NUMBER: AR20130022141 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the National Defense Service Medal (NDSM). Army Regulation 600-8-22 (Military Awards) states the NDSM 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...
ARMY | BCMR | CY2013 | 20130022143
The applicant states: * upon her enlistment in the Regular Army (RA), her prior U.S. Marine Corps SGT date of rank (DOR) was not calculated as "20030301 minus 10 months" * upon reaching her unit, the 14th Engineer Battalion, she tried repeatedly to fix the error so she could attend the Warrior Leader Course (WLC) * she was unable to attend the WLC due to her DOR being 20070809 instead of 20040114 * she was told she was not senior enough [and] could not fix DJHS (unknown acronym) screen...
ARMY | BCMR | CY2013 | 20130022144
On 5 June 1999, the ABCMR considered his petition for a change to the narrative reason for separation but found no basis to grant him relief. SPD code "LFX" was the correct code for Soldiers separating under the provisions of paragraph 5-13 of Army Regulation 635-200 by reason of personality disorder. It states that individuals would be assigned RE codes based on their service records or the reason for discharge prior to discharge or release from active duty.
ARMY | BCMR | CY2013 | 20130022145
The applicant requests correction of his military records to show his last name as "Hxxx" instead of "Gxxx." Evidence shows he served under the last name "Gxxx" throughout his entire period of military service. The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File (OMPF).
ARMY | BCMR | CY2013 | 20130022147
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 social security number (SSN) as XXX-XX-6XXX. A review of the available records does not show that a DD Form 215 (Correction to DD Form 214) was ever issued correcting his SSN.
ARMY | BCMR | CY2013 | 20130022148
The applicant provides: * WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) with a date of separation of 18 April 1946 * a page from Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) * a microfilm copy of the Morning Report of 18 December 1944 for Headquarters (HQ), 23rd Tank Battalion CONSIDERATION OF EVIDENCE: 1. He was assigned to the 23rd Tank Battalion during the period the unit was awarded occupation credit...
ARMY | BCMR | CY2013 | 20130022151
Application for correction of military records (with supporting documents provided, if any). The evidence of record shows the applicant sustained a static line injury to his left biceps during his military service. Once the applicant applied for CRSC, HRC verified his left biceps tendon rupture was combat-related; however, based on information provided by the applicant and information contained in his medical records, it was determined he rated a total combat-related disability of 0% for...
ARMY | BCMR | CY2013 | 20130022154
The applicant, the former spouse of a retired, former service member (FSM), requests she be designated as the beneficiary of his Survivor Benefit Plan (SBP). Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage (without the members agreement) in those cases where the retiree had elected spouse coverage at retirement or was still on active duty and had not yet made an SBP election. It is unclear why his SBP coverage changed in May 1993 when his child...
ARMY | BCMR | CY2013 | 20130022156
The policy states any member of the Armed Forces on or after 1 August 2009 who, at the time of the approval of the individual's request to transfer entitlement to educational assistance under this section, is eligible for the Post-9/11 GI Bill and: a. has at least 6 years of service in the Armed Forces on the date of election and agrees to serve 4 additional years in the Armed Forces from the date of election; or b. has at least 10 years of service in the Armed Forces (active duty and/or...
ARMY | BCMR | CY2013 | 20130022156
The policy states any member of the Armed Forces on or after 1 August 2009 who, at the time of the approval of the individual's request to transfer entitlement to educational assistance under this section, is eligible for the Post-9/11 GI Bill and: a. has at least 6 years of service in the Armed Forces on the date of election and agrees to serve 4 additional years in the Armed Forces from the date of election; or b. has at least 10 years of service in the Armed Forces (active duty and/or...
ARMY | BCMR | CY2013 | 20130022161
He made an election to request a hearing and personally appear and respond to his disenrollment but did not receive a response because it was mailed to an incorrect address. The applicant provides a copy of an election statement dated 2 August 2010 indicating that he requested a hearing. While all of the documents associated with his disenrollment are not present in the available evidence, there is sufficient evidence to show that he was disenrolled for failure to maintain a 2.0 GPA and...
ARMY | BCMR | CY2013 | 20130022162
Records at HRC do not show the FSM ever made an SBP election. The applicant provides a statement, dated 27 August 2013, from a retired California Army National Guard (CAARNG) master sergeant who attests: * he knew the FSM for approximately 19 years * they bonded through their military service and became best friends * he loved his wife very much * he doesn't believe a Soldier who loved his wife as much as the FSM did would leave her unprotected by not electing coverage for her under the...
ARMY | BCMR | CY2013 | 20130022164
ARMY | BCMR | CY2013 | 20130022167
He was not provided the opportunity to elect to transfer his Post-9/11 GI Bill benefits to his dependents. 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. His last day in an active status was 16 January 2009, and since there is no evidence he was a member of the Selected Reserve on or...
ARMY | BCMR | CY2013 | 20130022168
On 26 April 1971, the separation authority approved the recommendation for discharge under the provisions of Army Regulation 635-212 and directed the issuance of an Undesirable Discharge Certificate. On 15 January 1974, the Army Discharge Review Board denied the applicant's request for a general discharge. _____________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 | 20130022177
Application for correction of military records (with supporting documents provided, if any). He requests his Officer Record Brief and Official Military Personnel File along with military medical treatment records be reviewed and his records corrected to reflect that his training and time at Fort Campbell exacerbated his bulging disks and were a direct result of an injury received while conducing Air Assault training while assigned to C Company, 801st Main Support Battalion, Fort Campbell. ...
ARMY | BCMR | CY2013 | 20130022178.
The applicant's record also contains a DD Form 214 that shows he was discharged on 14 August 1964 under the provisions of Army Regulation 635-208 (Personnel Separations-Discharge-Undesirable Habits and Traits of Character), with an undesirable discharge. There is no indication the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. The applicant's record of indiscipline which includes an Article 15, two...
ARMY | BCMR | CY2013 | 20130022188
He is now a retired Soldier. Title 10, USC, section 1372, which specifies any member of the Armed Forces who is retired for physical disability is entitled to the grade equivalent to the highest of the following: * the grade in which he/she is serving on the date when retired; * the highest temporary grade in which he/she served satisfactorily; * the permanent regular grade to which he/she would have been promoted had it not for the physical disability for which he/she is retired; or * the...
ARMY | BCMR | CY2013 | 20130022195
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. USAR Personnel Command Orders R-09-006238, dated 13 September 1999, ordered him to active duty in an Active Guard Reserve (AGR) status and assignment to the 301st Quartermaster Company, Grand Rapids, MI, as a supply sergeant under the provisions of Title 10, USC, section 12301(d), for an active duty commitment of...
ARMY | BCMR | CY2013 | 20130022198
The applicant requests removal of two DA Forms 67-9 (Officer Evaluation Reports (OERs)) from the restricted section of his Army Military Human Resource Record (AMHRR). The review also revealed five OERs the applicant received as a 2LT or 1LT are currently filed in the performance section. To justify deletion or amendment of a report, the appellant must produce evidence that establishes clearly and convincingly that the presumption of regularity should not be applied to the report under...
ARMY | BCMR | CY2013 | 20130022205
On 24 July 2007, the applicant was reprimanded via GOMOR from the Commanding General (CG), Headquarters, U.S. Army Special Forces Command (Airborne) Fort Bragg, NC. On 6 December 2007, the CG directed the GOMOR be filed in the applicant's AMHRR. Army Regulation 600-37 (Unfavorable Information) provides, in pertinent part, that an administrative memorandum of reprimand may be issued by an individual's commander, by superiors in the chain of command, and by any general officer or officer...
ARMY | BCMR | CY2013 | 20130022206
The advisory opinion recommended approval for reinstatement of the applicant's SLRP due to the following: * the applicant reenlisted on 10 December 2009 and executed a contract addendum to receive the SLRP incentive * the contract extended her ETS from 4 December 2012 to 10 December 2015 * she received her annual loan repayments in 2010 and 2011 * she accepted a military technician position on 7 October 2012 * she was denied an annual loan repayment in 2012 * NGB denied her request for ETP...
ARMY | BCMR | CY2013 | 20130022211
Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage (without the members agreement) in those cases where the retiree had elected spouse coverage at retirement or was still on active duty and had not yet made an SBP election. Even though the FSM continued to pay the SBP premiums neither the applicant nor the FSM made a deemed election for former spouse coverage within one year of the divorce. As a result, the Board recommends that all Department of the...