ARMY | BCMR | CY2013 | 20130007732
ARMY | BCMR | CY2013 | 20130007736
Paragraph 3-10a (10) of this regulation states to assign Soldiers in the same grade or up to two grades higher if no higher ranking Soldiers are available. The available evidence shows the applicant retired in the rank and pay grade of SSG/E-6. There is no evidence in the applicant's record and he provides no evidence which shows he was ever promoted beyond the rank and pay grade of SSG/E-6.
ARMY | BCMR | CY2013 | 20130007737
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his medical records and DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as "X22-X4-XXX" instead of "X57-X8-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...
ARMY | BCMR | CY2013 | 20130007741
The applicant provides copes of his: * 2012 Recommendation for Promotion of Warrant Officer memorandum * 2012 National Guard Bureau (NGB) Form 89 (Proceedings of a Federal Recognition Examining Board) * 2012 CW2 promotion orders * 2013 NGB Special Orders CONSIDERATION OF EVIDENCE: 1. The regulation states that until Federal Recognition in the new rank is extended by the NGB, the individual cannot be promoted and paid for the higher rank. As a result, the Board recommends that the State...
ARMY | BCMR | CY2013 | 20130007744
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 2 March 1971 to show the last numeral of his social security number (SSN) as a "4" instead of a "5." His orders separating him from active duty show his SSN with the last numeral as a "4." Entries on his DD Form 47, induction orders, orders for release from active duty, and documents throughout his MPRJ show his SSN with the last numeral as a "4."
ARMY | BCMR | CY2013 | 20130007755
He was never charged with any crime and all flags on his record were removed upon a determination from a physician that the child in question had not been raped. Thus, when taken in its totality, the incongruence between the alleged dates and his deployment dates, the fact that the applicant had just divorced his first wife and she was not receiving benefits as a result of her own infidelity, and most obviously, the medical report indicating that no crime had taken place, all indicate that...
ARMY | BCMR | CY2013 | 20130007756
It defines combat-related disability as a disability that is compensable under the laws administered by the Secretary of Veterans Affairs and that is attributable to an injury for which the member was awarded the Purple Heart; or was incurred (as determined under criteria prescribed by the Secretary of Defense): * as a direct result of armed conflict * while engaged in hazardous service * in the performance of duty under conditions simulating war * through an instrumentality of war 7. ...
ARMY | BCMR | CY2013 | 20130007759
The applicant requests approval of Transfer of Educational Benefits (TEB) under the Post-9/11 GI Bill to his dependent children. The applicant was fully eligible to transfer his educational benefits under the TEB prior to retirement, but he did not do so. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant filed his application and the Army approved his request to transfer Post-9/11 GI Bill benefits to...
ARMY | BCMR | CY2013 | 20130007761
A review of supporting documentation and available special pay and finance data indicates the applicant's BCP was started on 1 October 2012 and expires on 31 December 2021. b. there is no record of authorization or payment of BCP for the period 8 November 2011 through 30 September 2012. c. the applicant is eligible to receive BCP for the period 8 November 2011 through 30 September 2012. d. utilize a Health Professions Pay Entry Date or finance MS-Pay-Date of 9 June 2003 for the correct pay...
ARMY | BCMR | CY2013 | 20130007769
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. The applicant's record contains General Court-Martial Order Number 26, issued by United States Disciplinary Barracks, U.S. Army Combined Arms...
ARMY | BCMR | CY2013 | 20130007770
Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120001587, on 5 July 2012. He served in the RVN from 24 August 1970 to 7 March 1971 and was assigned to Troop A, 3rd Squadron, 5th Cavalry, 9th Infantry Division. The applicant highlighted the portion that stated "The unit originally arrived in Vietnam as part of the 9th Infantry...
ARMY | BCMR | CY2013 | 20130007776
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show he was awarded the: * Combat Medical Badge * Bronze Star Medal (presumably based upon award of the Combat Medical Badge) * Presidential Unit Citation 2. He served as a combat medic assigned to Company B, 2nd Medical Battalion, 23rd Infantry Regimental Combat Team, 2nd Infantry Division during World War II. The applicant's available record is void of any...
ARMY | BCMR | CY2013 | 20130007777
Application for correction of military records (with supporting documents provided, if any). The applicant states: * he was on active duty from 7 July 1954 to 3 July 1956 * he served in Korea from 31 January 1954 to 28 May 1956 with the Korean Military Advisory Group (KMAG), 8202th Army Unit (AU) * he was recently informed he qualified for the KDSM and NDSM which were never recorded on his DD Form 214 * his rank at separation was specialist three (SP3)/corporal which was pay grade E-4 * pay...
ARMY | BCMR | CY2013 | 20130007779
The applicant states: * He knows the date of induction shown on his DD Form 214 is a typographical error because he would not have been born on the date of his induction * His date of birth is 20 November 1946 and his DD Form 214 shows his induction date as 31 August 1946 * His DD Form 214 should show 31 August 1967 as his induction date 3. His DD Form 214 shows his induction date as 31 August 1946. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2013 | 20130007780
At the time of his retirement, the regulation provided for an entry in item 22c of the total foreign service completed during the period covered by the DD Form 214. The FSM served a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * adding to item 22c the entry "USARSO" * adding to item 24 the Republic of Vietnam...
ARMY | BCMR | CY2013 | 20130007783
The applicant requests, in effect, correction of his records to show he submitted a DD Form 2656-6 (Survivor Benefit Plan (SBP) Election Change Certificate) in a timely manner naming his current spouse "BSF" as his eligible beneficiary. The law allows him to terminate his natural person with insurable interest SBP coverage at any time. However, his record is void and he failed to provide evidence showing he submitted a request to DFAS to terminate his insurable interest SBP coverage.
ARMY | BCMR | CY2013 | 20130007785
The applicant states he retired from the U.S. Army Reserve (USAR) on 21 August 2006. There is no evidence that he ever applied for transfer to the Retired Reserve. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
ARMY | BCMR | CY2013 | 20130007788
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) for the period ending 8 December 1999 to show award of the Korea Defense Service Medal (KDSM). _______ _ __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 | 20130007789
He states he only served in Iraq although his DD Form 214 shows he served in Afghanistan. Soldiers who serve 11 cumulative months in a 24-month period or 9 continuous months in Iraq or Afghanistan receive credit for a completed short tour (rules 6 and 8 of Table 3-2, Army Regulation 614-30 (Overseas Service), apply). The total amount of foreign service completed during the Soldier's continuous period of active service will be entered as "YYYY MM DD" in block 12f.
ARMY | BCMR | CY2013 | 20130007793
In accordance with (IAW) All Army Activities (ALARACT) Message 075/007 this DA Form 1059 should have been corrected. This form shows the comment "Soldier met academic requirements, but failed to meet APFT standards IAW Army Regulation 350-1 [Army Training and Leader Development] during the course" in Item 11C. He was issued a DA Form 1059 which showed he met academic requirements, but failed to meet APFT standards.
ARMY | BCMR | CY2013 | 20130007796
He was denied benefits by the VA because his letter and form did not show the Army Board for Correction of Military Records (ABCMR) had changed the status of his discharge to honorable. On 13 June 1977, the Army Discharge Review Board (ADRB) upgraded the applicant's discharge to an honorable discharge under the SDRP. However, his discharge was subsequently upgraded in 1977 to an honorable discharge and in 1978 his honorable discharge was affirmed; three different DD Forms 215 were...
ARMY | BCMR | CY2013 | 20130007798
On 12 October 1984, he was notified that his immediate commander was initiating action to discharge him from the Army, in accordance with Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 9. His commander cited his positive urinalysis tests results, recorded on 13 October 1983 and 27 June 1984, as the basis for declaring him a rehabilitative failure. On 12 October 1984, the applicants immediate commander initiated separation action against him in accordance...
ARMY | BCMR | CY2013 | 20130007806
Army Regulation 672-5-1 (Decorations and 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 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show...
ARMY | BCMR | CY2013 | 20130007808
Therefore, he is entitled to correction of his DD Form 214 to show the requested unit. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting the current entry from item 12 of his DD Form 214 * adding the entry "COMPANY C, 3D BATTALION, 47TH INFANTRY REGIMENT, 9TH INFANTRY DIVISION, USARV" to item 11 of his DD Form 214 __________X_______________ CHAIRPERSON I certify that herein is recorded the true and complete...
ARMY | BCMR | CY2013 | 20130007811
The applicant requests award of the Purple Heart and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * award of the Purple Heart and Combat Infantryman Badge * the correct the spelling of the city listed in item 19a (Mailing Address after Separation) and item 19b (Nearest Relative) 2. His DD Form 214 shows in: a. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized): * Army Commendation Medal * National...
ARMY | BCMR | CY2013 | 20130007812
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the Bronze Star Medal and the Army Commendation Medal. The evidence of record shows he participated in four campaigns while serving in Vietnam. 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 214: * Bronze Star Medal * Army Commendation Medal * four...
ARMY | BCMR | CY2013 | 20130007813
On 2 April 2013, he spoke with Mr. G---, PEBLO, Fort Hood, TX, who informed him that his case had been closed after three failed attempts to reach him by mail at x6xx Preston Road, Apt. The record shows the applicant was placed on the TDRL on 28 October 2009, and after subsequent reevaluation on 3 April 2012, the PEB recommended that he be removed from the TDRL and rated his disability at 10 percent. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2013 | 20130007815
ARMY | BCMR | CY2013 | 20130007818
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 date of birth (DOB) as 6 October 19XX instead of 6 August 19XX. _______ _ 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 | 20130007822
The applicant states that while serving in Vietnam he sustained a laceration to his finger. 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. Without a record of treatment for a wound sustained as the result of enemy action entitlement to the Purple Heart cannot be established.
ARMY | BCMR | CY2013 | 20130007824
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 shown on his social security card. 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. _______ _ __X_____ ___ CHAIRPERSON I...
ARMY | BCMR | CY2013 | 20130007826
The applicant states he did not receive his military record that shows he served overseas. It stated in item 24c enter the total active duty outside the continental United States (OCONUS) for the period covered by the DD Form 214 and the last oversea theater service was performed in. DISCUSSION AND CONCLUSIONS: The evidence of record confirms the applicant served in Okinawa from 24 June 1960 to 8 May 1962 and that the total time of his foreign service is properly shown in item 24c of his...
ARMY | BCMR | CY2013 | 20130007829
The applicant requests his Officer Evaluation Report (OER) for the period 27 May 2008 through 15 May 2009 be corrected or removed from his records. d. For a claim of inaccuracy or injustice of a substantive type, evidence will include statements from third parties, rating officials, or other documents from official sources. The applicant has failed to provide and the record does not contain sufficient evidence to justify a correction of the contested OER as requested which would in effect...
ARMY | BCMR | CY2013 | 20130007834
The applicant requests correction of item 30 (Military Occupational Specialty and Number) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show his specialty as 745 (Rifleman) rather than 345 (Light Truck Driver). Item 30 of the WD AGO Form 53-55 in effect at the time showed the Soldier's MOS at the time of separation. The evidence of record shows the applicant held and performed in an infantry MOS (745) during his service in WWII as shown on his...
ARMY | BCMR | CY2013 | 20130007839
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant states he went absent without leave (AWOL) as a result of trying to relocate to be with his wife as the military could not accomplish that. Further, the record of evidence shows he acknowledged he was being considered for a UOTHC discharge.
ARMY | BCMR | CY2013 | 20130007841
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. The discharge authority approved the separation and directed the applicant be discharged with a GD. b. Paragraph 3-7b states a general discharge (GD) is a separation under honorable conditions issued to a Soldier whose military record was satisfactory but not so meritorious as to warrant an honorable discharge.
ARMY | BCMR | CY2013 | 20130007844
The applicant requests an upgrade of his under other than honorable discharge to an honorable discharge. On 20 November 1980, after consulting with counsel, the applicant requested discharge under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Separations), chapter 10, for the good of the service in lieu of trial by court-martial. Discharge actions processed under the provisions of chapter 10 of Army Regulation 635-200 are voluntary requests for discharge in...
ARMY | BCMR | CY2013 | 20130007846
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 award of the Global War on Terrorism Expeditionary Medal (GWOTEM) instead of the Afghanistan Campaign Medal (ACM). His DD Form 214 shows he was awarded or authorized the ACM.
ARMY | BCMR | CY2013 | 20130007850
The applicant requests an upgrade of his general discharge to a fully honorable discharge. On 15 November 1989, the applicant's immediate commander notified the applicant of his intent to initiate separation action against him in accordance with Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 14-12c, for misconduct - commission of a serious offense, assault. On 22 November 1989, the separation authority approved the applicant's discharge under the provisions...
ARMY | BCMR | CY2013 | 20130007851
Orders 04-148-00004, dated 27 May 2004, show he was released from active duty on 1 July 2004 by reason of obtaining the maximum authorized years of service and transferred to the Retired Reserve. The official states that in accordance with Title 10, section 628, an officer selected for promotion by an SSB will have the same date of rank and the same effective date for pay as he would have had if he had been recommended for promotion by the board which should have considered him. Therefore,...
ARMY | BCMR | CY2013 | 20130007852
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by deleting from item 32 (Remarks) the statement "Physical disability - existed prior to service (EPTS) - established by medical board and individual made application for discharge by reason of physical disability (not entitled to receive disability severance pay)." However, his record contains a DA Form 1049 (Personnel Action), dated 6 March 1965, wherein he requested a...
ARMY | BCMR | CY2013 | 20130007853
The applicant requests correction of his date of rank (DOR) for appointment to the rank of chief warrant officer two (CW2) from 13 March 2013 to 16 May 2011. The evidence of record shows the applicant met the requirements for appointment/promotion as a CW2 on 18 May 2011. NGB issued Federal recognition orders for promotion to CW2 effective 13 March 2013 despite his having met promotion qualification on 18 May 2011.
ARMY | BCMR | CY2013 | 20130007856
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. It states that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record.
ARMY | BCMR | CY2013 | 20130007858
Application for correction of military records (with supporting documents provided, if any). 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 Army Commendation Medal (ARCOM) and the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the VSM from his DD...
ARMY | BCMR | CY2013 | 20130007860
His effective date for promotion to E-7 was 9 August 2006; his effective date of appointment to warrant officer candidate was 28 July 2010; his effective date of appointment to warrant officer one (WO1) was 10 November 2010; his completion of WOBC and State promotion to CW2 was 18 April 2012; and his Federal recognition effective date of rank was 28 December 2012. c. All prerequisites to meet the promotion eligibility guidelines for CW2 were achieved. The applicant provides: * NGB Policy...
ARMY | BCMR | CY2013 | 20130007863
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show awards of the Combat Action Badge (two awards), TET Campaign Commemorative Medal, Republic of Vietnam Commemorative Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 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...
ARMY | BCMR | CY2013 | 20130007865
DISCUSSION AND CONCLUSIONS: The evidence of record shows the applicant provided the SSN he claims is correct during his induction processing. In light of the available evidence, it would be appropriate to correct item 3 of his DD Form 214 to show his SSN as shown on his DA Form 398. ___________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 | 20130007866
Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army Physical Disability Evaluation System and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating. If the MEB determines the Soldier does not meet retention standards, the board will recommend referral of the Soldier to a PEB. ...
ARMY | BCMR | CY2013 | 20130007867
l. The IO did not state that the evidence supported that a sexual relationship existed between the applicant and the spouse of the E-7. The E-7 alleged that the applicant had an inappropriate sexual relationship with his spouse. The available evidence shows that the applicant received a GOMOR as a result of his conduct from 2001 until at the very least April 2011.
ARMY | BCMR | CY2013 | 20130007867
l. The IO did not state that the evidence supported that a sexual relationship existed between the applicant and the spouse of the E-7. The E-7 alleged that the applicant had an inappropriate sexual relationship with his spouse. The available evidence shows that the applicant received a GOMOR as a result of his conduct from 2001 until at the very least April 2011.