ARMY | BCMR | CY2013 | 20130002730
On 15 May 1987, the LAARNG discharged the applicant with a bad conduct discharge. Chapter 3, section IV, established policy and procedures for separating members with a dishonorable or bad conduct discharge and provided that a Soldier would be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial and that the appellate review must be completed and the affirmed sentence ordered duly executed. However, many Soldiers enlisted at a young age,...
ARMY | BCMR | CY2013 | 20130002732
A review of his official records shows that the applicant also has a DA Form 2627, dated 15 January 2009, filed in the restricted section of his AMHRR. 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 UCMJ, Article 15. The applicant appealed his punishment again when he returned to his home station and his battalion commander (a LTC) designated himself as a...
ARMY | BCMR | CY2013 | 20130002738
On 21 August 1987, the separation authority approved his request for discharge under the provisions of Army Regulation 635-200, chapter 10, and directed the issuance of an Under Other Than Honorable Conditions Discharge Certificate. On 30 September 1987, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 10, for the good of the service - in lieu of trial by court-martial, with an under other than honorable conditions discharge. There is no evidence the...
ARMY | BCMR | CY2013 | 20130002743
Title 10, U.S. Code (USC), chapter 61, provides the Secretaries of the Military Departments with authority to retire or discharge a member if they find the member unfit to perform military duties because of physical disability. The Army rates only conditions determined to be physically unfitting at the time of discharge which disqualify the Soldier from further military service. Since the applicant's service medical records are not available, and the evidence the applicant provided fails...
ARMY | BCMR | CY2013 | 20130002745
The applicant provides: * Army Board for Correction of Military Records (ABCMR) Record of Proceedings (ROP) in Docket Number AR20100027520 * Department of Veterans Affairs (VA) Rating Decision * 33 pages of progress notes and allied documents from the VA CONSIDERATION OF EVIDENCE: 1. His record contains a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) which does not show his record was corrected to show award of the Purple Heart or Army...
ARMY | BCMR | CY2013 | 20130002749
He served in Vietnam with his brother and was assigned to Company C, 502nd Infantry, 101st Airborne Division, in Vietnam, when his brother was killed due to an explosion. His brother was killed in Vietnam last year while serving with the applicant. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * voiding the applicants general discharge under the provisions of Army Regulation 635-212 which was issued on 29 April 1971...
ARMY | BCMR | CY2013 | 20130002750
The applicant requests an upgrade of his general discharge (GD) to an honorable discharge (HD). Service of Soldiers separated because of unsatisfactory performance under this regulation will be characterized as honorable or under honorable conditions. Based on his record of indiscipline, his service clearly did not meet the standards of acceptable conduct and performance of duty for Army personnel.
ARMY | BCMR | CY2013 | 20130002753
She was also notified that as a scholarship cadet, if the disenrollment were approved, she could be called to active duty in an enlisted grade of E-1 or be required to repay scholarship benefits in the amount of $62,545.00 in lieu of being called to active duty in fulfillment of her contractual obligations. The board recommended she should: * not be retained in the ROTC Program as a scholarship cadet * not be retained in the ROTC Program as a nonscholarship cadet * be disenrolled from the...
ARMY | BCMR | CY2013 | 20130002754
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was medically retired under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) by reason of "Disability, Mental or Physical Condition" rather than discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17 by reason of "Condition, Not a...
ARMY | BCMR | CY2013 | 20130002757
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * award of the Air Medal (2nd Award) * award of the Aviation Badge * all training and courses she completed 2. * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214 does not show award of the Air Medal or Air Medal (2nd Award) * item 14 (Military Education) of her DD Form 214 does not show completion of the Primary...
ARMY | BCMR | CY2013 | 20130002759
The applicant states: * he has not received any retired pay for the period 1 April 2009 through 19 August 2009 * his attempts to reenlist were not the result of a willful or self-desired choice to change his military occupational specialty (MOS) but rather an attempt to secure financial stability * he has no desire to change his MOS and protested the idea * he was placed on the TDRL in 2007 * on 30 April 2009, he was found fit and ordered back to active duty * his orders and instructions...
ARMY | BCMR | CY2013 | 20130002760
The applicant requests: a. award of the Combat Infantryman Badge (CIB) and "Wings" (correctly known as the Aircraft Crew Member Badge during the Vietnam era and currently known as the Aviation Badge); and b. the issuance of the Republic of Vietnam Campaign Medal and Vietnam Service Medal. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided for temporary and permanent award of the Aircraft Crew Member Badge. There is no evidence of record which shows he served in...
ARMY | BCMR | CY2013 | 20130002761
It states for: a. item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214. b. item 18, for enlisted Soldiers with more than one enlistment period during the time covered by this DD Form 214, enter "IMMEDIATE REENLISTMENTS THIS PERIOD" (specify dates). However, for Soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except "Honorable," enter "Continuous Honorable...
ARMY | BCMR | CY2013 | 20130002763
The applicant states item 12f of his DD Form 214 currently shows he has no foreign service. The evidence of record confirms the applicant served in Iraq for a total of 7 months and 16 days during two separate periods of service which is not shown on his DD Form 214. 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 as follows: * deleting the current entry from item 12a and replacing it with the...
ARMY | BCMR | CY2013 | 20130002764
On 4 January 2005, the separation authority approved the applicants discharge under the provisions of Army Regulation 635-200, chapter 14, by reason of misconduct - commission of a serious offense and directed his service be characterized as under other than honorable conditions. He was discharged under the provisions of paragraph 14-12c of Army Regulation 635-200 with a character of service of under other than honorable conditions by reason of misconduct. The applicant's misconduct...
ARMY | BCMR | CY2013 | 20130002765
Application for correction of military records (with supporting documents provided, if any). The applicant requests an upgrade of his under other than honorable conditions (UOTHC) discharge to an honorable discharge. Contrary to his contention that he was told he would be issued a general discharge, the evidence of record clearly shows he acknowledged he could be discharged UOTHC discharge and the results of the issuance of such a discharge.
ARMY | BCMR | CY2013 | 20130002766
A Statement of Waiver of Board Hearing, dated 30 January 1970, shows he acknowledged he had been advised by counsel of the basis for the contemplated action to accomplish his separation for civil conviction under the provisions of Army Regulation 635-206. The commander further stated the applicant had indicated by his failure to return to military duty upon release from prison that he did not intend to complete his service obligation. c. An individual discharged for conviction by a civil...
ARMY | BCMR | CY2013 | 20130002768
His service record does not indicate he applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. c. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. ____________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 | 20130002769
The applicant requests correction of his records to show he was medically retired instead of honorably discharged with entitlement to severance pay. The PEB determined he was physically unfit and rated his conditions under the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) as follows: VASRD Code(s) Condition Rating 5299/5295 Chronic mid-back pain status post compression fracture of T3 and T6, now healed 10% 5257/5003 Degenerative joint disease, right knee 10% The...
ARMY | BCMR | CY2013 | 20130002772
The applicant requests removal or correction of his officer evaluation report (OER) covering the period 21 December 2008 through 20 December 2009. The applicant states, in effect, the contested report contains numerous administrative and substantive errors, including the fact that the report does not show the correct amount of actual rated and non-rated periods of service, it was not submitted in a timely manner, he was evaluated by improper rating officials, he never received counseling,...
ARMY | BCMR | CY2013 | 20130002773
The applicant provides Permanent Orders 202-018, dated 20 July 2012, that promoted him to SGT effective and with a date of rank of 1 August 2012. It states the DD Form 214 provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. He was honorably released from active duty on 5 September 2012 and he held the rank of SGT at that time.
ARMY | BCMR | CY2013 | 20130002774
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 December 2004 to show in item 12a (Dated Entered Active Duty This Period) the date 30 June 2003 rather than 18 August 2004. The evidence of record clearly shows the applicant enlisted in the ARNG on 30 June 2003; however, he did not enter active duty for training until 4 August 2003. He was subsequently discharged from active duty on 2 December 2004 and issued...
ARMY | BCMR | CY2013 | 20130002775
On 2 June 1987, he made a "Dependent Children Only" election and his spouse at the time concurred with the election. Except as provided by law, an election, once made, is irrevocable. While it is understandable why the applicant desires to change his election to his current spouse because his children are no longer eligible, to do so would be contrary to Federal statutes that provide that an SBP election once made is irrevocable.
ARMY | BCMR | CY2013 | 20130002776
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployment to Bosnia-Herzegovina. The applicant provides: * DD Form 214 for the period ending 9 January 2001 * DD Form 214 for the period ending 26 February 2003 * DD Form 214 for the period ending 20 September 2006 * Operation Order (OPORD) 95-425 (Iron Endeavor), issued by Headquarters, Task Force Eagle, effective on or about 13 December 1995, with attached Alpha Roster,...
ARMY | BCMR | CY2013 | 20130002780
The applicant was medically retired with a 100 percent service-connected disability rating and was automatically enrolled in the SBP with full spouse coverage. However, the applicant elected to accept a VA retirement in lieu of his military retirement as it was more advantageous to his circumstances and in so doing, because he was enrolled in the SBP, he was required to pay the premiums directly to DFAS because he was not receiving his retired pay from the Department of Defense. As a...
ARMY | BCMR | CY2013 | 20130002782
On 3 August 2011, a DD Form 215 was issued to show that he had completed 27 years and 10 days of active service. The applicants retirement orders were also issued to show that he had completed 26 years and 10 days of active service and his retired pay was calculated accordingly. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his retirement orders to show he served 27 years and 10 days of active service for...
ARMY | BCMR | CY2013 | 20130002784
Counsel requests: a. senior rater narrative comments about communication "issues" and recommending the applicant's discharge from military service be removed from Part V11c (Comment on Performance/Potential) of the applicant's DA Form 67-9 (Officer Evaluation Report (OER)) for the period 1 November 2009 through 7 February 2010. b. the applicant's records be corrected to show his discharge in February 2010 was an unlawfully forced separation. Her unfair comment about communication "issues"...
ARMY | BCMR | CY2013 | 20130002786
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to show he was discharged by reason of permanent disability. Counsel states, in effect, that the applicant should have been discharged or retired by reason of permanent disability due to injuries he sustained during his deployment to Iraq.
ARMY | BCMR | CY2013 | 20130002791
The applicant requests award of the Army Good Conduct Medal and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 19 December 1969 to show the: * Army Good Conduct Medal * Armed Forces Expeditionary Medal * Korea Defense Service Medal 2. The applicant's records do not show indiscipline or time lost, he received all "excellent" conduct and efficiency ratings throughout his military service, and he was promoted to SSG/E-6. ...
ARMY | BCMR | CY2013 | 20130002793
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart. His unit in Vietnam was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation during his period of assignment which is not shown on his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following awards to his DD Form...
ARMY | BCMR | CY2013 | 20130002796
He states he believes that, by law, the AFEM is issued to any service member who has served 3 consecutive years of active duty during a period for which Congress has authorized a campaign award. There is no evidence showing he served in any other geographic areas during operations for which the AFEM was authorized. Although he states Congress has authorized award of the AFEM to all service members who served while certain operations were ongoing, he does not provide the specific statutory...
ARMY | BCMR | CY2013 | 20130002797
Application for correction of military records (with supporting documents provided, if any). A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders awarding him the Bronze Star Medal with "V" Device. There is no evidence in his MPRJ and he has not provided any substantive...
ARMY | BCMR | CY2013 | 20130002799
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. 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...
ARMY | BCMR | CY2013 | 20130002801
There is no evidence the applicant received 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 the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of...
ARMY | BCMR | CY2013 | 20130002803
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Joint Meritorious Unit Award. The DD Form 214 provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * voiding his DD Form 214 for the period ending 13 April 2010 *...
ARMY | BCMR | CY2013 | 20130002804
When the applicant enlisted in the Regular Army in 1972 he recorded his SSN as "XXX-XX-1301." A copy of this decisional document will be filed in his military record to clarify the difference between his SSN of record and the SSN he currently uses. ABCMR Record of Proceedings (cont) AR20130002804 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130002804 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2013 | 20130002808
An informal PEB found the applicant unfit due to lower back rated 10% disabling and recommended that he be separated with severance pay. His PTSD should have been found to be unfitting and rated 50% disabling, his chronic lower back pain should have been rated 20% disabling, and his post-traumatic headaches should have been rated 10% disabling. As placement on the TDRL would require a subsequent medical examination at least every 18 months and he was subsequently assigned a VA disability...
ARMY | BCMR | CY2013 | 20130002812
The applicant requests relief from the 6-year barring statute and payment of his full retired pay entitlements effective the date he was placed on the Retired List (1 December 1999). The letter provided by the applicant from the FLARNG, dated 12 December 2012, indicates he was one of many who were notified in 2011 that there was a error in their military pay accounts and they were not receiving full relief of monies owed due to the Defense Finance and Accounting Service (DFAS) imposing the...
ARMY | BCMR | CY2013 | 20130002817
Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The evidence of record does not show, nor has the applicant provided evidence showing, he was found unfit or had a condition warranting processing through the PDES. _______ _ X_______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army...
ARMY | BCMR | CY2013 | 20130002825
The applicant requests an upgrade of his general discharge under honorable conditions to an honorable discharge. Army Regulation 635-200, paragraph 5-37, in effect at the time, provided that members who had completed at least 6 months but less than 36 months of continuous active service on their first enlistment and who had demonstrated that they could not or would not meet acceptable standards required of enlisted personnel because of poor attitude, lack of motivation, lack of...
ARMY | BCMR | CY2013 | 20130002826
Application for correction of military records (with supporting documents provided, if any). The DD Form 214 he was issued at the time shows his SSN as "xxx-x8-xxxx." However, Special Order Number 111, dated 10 June 1969, and his DD Form 398, dated 11 June 1969, both confirm he recorded his SSN as "xxx-x4-xxxx" at the time of induction and are accepted as sufficient evidence of his SSN.
ARMY | BCMR | CY2013 | 20130002827
The applicant requests, in effect, correction of his National Guard Bureau (NGB) Form 22 to show his rank/grade as sergeant (SGT)/E-5 and his date of rank (DOR) as 9 July 1979. However, Orders Number 079-01, issued by the CAARNG, on 19 March 2000 show he was reduced from SGT to SPC with a DOR of 9 July 1979 due to inefficiency in accordance with National Guard Regulation 600-200 (Enlisted Personnel Management), paragraph 11-60. The applicant indicated he was reduced from the rank of SGT to...
ARMY | BCMR | CY2013 | 20130002828
Army Regulation 635-5 (Separation Documents), effective 1 February 1967, states the SSN in item 3 of the DD Form 214 will be transcribed from the Soldier's DA Form 2139. Therefore, there is sufficient evidence to correct his DD Form 214 to show his SSN as shown on these documents. _______ _ 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 | 20130002830
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-xxx9." His DA Form 3027 (U.S. Army Request for National Agency Check), dated 28 September 1966, shows his SSN as "xxx-xx-xxx9." _______ _ 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 | 20130002831
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as "9 September 1940" instead of "19 September 1941." 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. There is no available evidence...
ARMY | BCMR | CY2013 | 20130002832
The treating physician opined that she was a candidate for the therapy and discussed the risks and benefits of the treatment with the applicant. On 24 July 2008, the applicant was awarded a 100-percent service-connected disability rating for asthma, reactive airway disease, and pulmonary sarcoidosis effective 1 June 2008. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation of physical fitness of Soldiers who may be unfit to perform...
ARMY | BCMR | CY2013 | 20130002833
Even the Army Regulation 15-6 investigating officer (IO) recommended that he be promoted based on his record of performance. (5) Allegation: The chain of command's decision not to recommend the applicant for promotion to the rank of CW2. Completed IG and Army Regulation 15-6 investigations unsubstantiated his allegations that his denial of promotion to CW2 was a based on reprisal or racism.
ARMY | BCMR | CY2013 | 20130002834
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his birth month as March instead of February. 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. The National Guard Bureau (NGB) Form 22 (Report of Separation and Record of...
ARMY | BCMR | CY2013 | 20130002835
The applicant requests correction of her date of rank (DOR) to staff sergeant (SSG)/E-6 in the U.S. Army Reserve (USAR) to 26 March 2010 and consideration for promotion to sergeant first class (SFC)/E-7 by a Standby Advisory Board (STAB). The applicant provides: * Orders 09-155-00004, dated 4 June 2009 * Military Personnel (MILPER) Message 12-128, dated 3 May 2012 Subject: Fiscal Year 2012 (FY12) Individual Ready Reserve (IRR)//Drilling Individual Mobilization Augmentee (DIMA) SSG Through...
ARMY | BCMR | CY2013 | 20130002842
The applicant will reach 60 years of age on XX February 2025. Public Law 95-397, the RCSBP, enacted 30 September 1978, provided a way for those who had qualified for reserve retirement but were not yet age 60 (and participate in SBP), to provide an annuity for their survivors should they die before reaching age 60. Option B and C participants do not make a new SBP election at age 60 and cannot cancel SBP participation or change options they had in RCSBP it automatically rolls into SBP coverage.