ARMY | BCMR | CY2013 | 20130009926
Application for correction of military records (with supporting documents provided, if any). The applicant requests award of the Purple Heart and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 20 November 2005 to show award of the Purple Heart and Combat Infantryman Badge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting award of the Iraq Campaign...
ARMY | BCMR | CY2013 | 20130009927
The evidence of record shows the applicant was inducted into the Army of the United States on 20 June 1966, using his assigned service number. _________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. ABCMR Record of Proceedings (cont) AR20100016576 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont)...
ARMY | BCMR | CY2013 | 20130009928
The denial letter states: * by law, the FSM had 90 calendar days from the date he received his 20-year letter to submit a DD Form 1883 * according to HRC records, the FSM made an election, but the election made was past the 90-day time frame * the applicant is not entitled to a survivor benefits annuity 7. Public Law 95-397, the RCSBP, enacted 30 September 1978, provided a way for those who qualified for Reserve retirement but were not yet age 60 to provide an annuity for their survivors...
ARMY | BCMR | CY2013 | 20130009945
The applicant appealed the OER to the OSRB on 15 November 2002 contending that the report was substantially inaccurate because it contained negative comments from the rater and SR regarding his ability to perform with counterparts from allied nations and the report was never referred to him. Army Regulation 623-3 further provides that if referral of a report is required, the SR will provide the report to the rated individual for comments. While the report was not properly referred to the...
ARMY | BCMR | CY2013 | 20130009952
d. Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial. The applicant contends that his BCD should be changed to an administrative discharge and the character of his service should be upgraded because he had many years of prior honorable service, members of his former chain of command supported an...
ARMY | BCMR | CY2013 | 20130009953
The applicant requests upgrade of his under other than honorable conditions discharge to either an honorable or general, under honorable conditions discharge and amendment of his DD Form 214 (Certificate of Release or Discharge from Active Duty) accordingly. The applicant provides VA documents that show his service from 1 May 1985 to 24 May 1988 was not listed as "honorable" and a decision would have to be made by the VA that his service was not "dishonorable" to make him eligible for...
ARMY | BCMR | CY2013 | 20130009954
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. On 5 June 1987, following the applicant's second drug abuse charge, his command initiated separation action in accordance with regulations requiring separation following a second drug abuse finding. By regulation with the second drug violation the applicant's command had no option but to process him for discharge...
ARMY | BCMR | CY2013 | 20130009961
The Army rates only conditions determined to be physically unfitting at the time of discharge which disqualify the Soldier from further military service. He does not state what specific physical or behavioral health condition made him medically unfit for military service; however, he appears to believe that since the VA awarded him service-connected disability compensation for various conditions, possibly PTSD, the Army should have done the same. The applicant did not provide evidence that...
ARMY | BCMR | CY2013 | 20130009963
His Chronological Statement of Retirement Points, dated 8 January 2013, shows he was credited with 19 years of qualifying service for Nonregular (Reserve) retirement for a total of 2,160 creditable points. Paragraph 2-1 states to be eligible for retired pay, an individual need not have a military status at the time of application, but must have attained age 60, completed a minimum of 20 years of qualifying service, and, at that time, served the last 6 of his qualifying years as a Reserve...
ARMY | BCMR | CY2013 | 20130009964
Application for correction of military records (with supporting documents provided, if any). The Purple Heart is not listed on his DD Form 214 (Report of Separation from the Armed Forces of the United States) and he was not issued or presented the award. The applicant's complete military records are not available to the Board for review.
ARMY | BCMR | CY2013 | 20130009966
The applicant requests that the determination of "Not in Line of Duty - Not Due to Own Misconduct" be changed to "In Line of Duty" in order for his case to be processed by a Medical Evaluation Board (MEB). The advisory official provided the following discussion in support of the recommendation for disapproval of the applicant's request that the determination of "Not in Line of Duty - Not Due to Own Misconduct" be changed to "In Line of Duty" in order for his case to be processed by an MEB. ...
ARMY | BCMR | CY2013 | 20130009974
The applicant requests all of his military records be corrected to reflect his social security number (SSN) with the last four numerals as "1329" instead of "3782." Therefore, there is insufficient evidence to change his SSN in his military records. _______ _ 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 | 20130009997
The officer was informed that the applicant was not eligible for incentives. g. Subsequently, the applicant was informed by personnel at HRC that it appeared he had previously been eligible for these incentives. In 2013, the same office stated that the applicant signed a contract and received $25,000 in special pay.
ARMY | BCMR | CY2013 | 20130009998
On 22 May 2009, the applicant's commander notified him of his intent to initiate administrative action to separate him from the MSARNG under the provisions of paragraph 12-1c (commission of a serious offense) of AR 135-178 (ARNG and Army Reserve Enlisted Administrative Separations) by reason of misconduct with an under other than honorable conditions discharge. The administrative separation board recommended the applicant be discharged from the service with an under other than honorable...
ARMY | BCMR | CY2013 | 20130010002
IN THE CASE OF: BOARD DATE: 16 January 2014 DOCKET NUMBER: AR20130010002 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded to a member of the Armed Forces of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed or who has died or may die after being wounded in any action against an enemy of the United States. The applicant...
ARMY | BCMR | CY2013 | 20130010003
Application for correction of military records (with supporting documents provided, if any). His DD Form 214 lists his awards as the National Defense Service Medal, Army Service Ribbon, and the Driver and Mechanic Badge with "W" bar. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that, in addition to the awards shown on the DD Form 214, the applicant is also authorized the Army Achievement Medal and the Global...
ARMY | BCMR | CY2013 | 20130010007
He was sentenced to 4 years for violating the conditions of probation. After the 35B hearing, the applicant was sentenced to 5 years of Intensive Supervision Program. His sentence to 4 years confinement was set aside. ABCMR Record of Proceedings (cont) AR20130010007 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130010007 10 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2013 | 20130010008
Under Secretary of Defense for Personnel and Readiness memorandum, dated 20 September 2011, subject: Correction of Military Records Following Repeal of Section 654 of Title 10, U.S. Code, provides policy guidance for Service Discharge Review Boards (DRB's) and Service Boards for Correction of Military/Naval Records (BCM/NR's) to follow when taking action on applications from former service members discharged under DADT or prior policies. The memorandum states that effective 20 September...
ARMY | BCMR | CY2013 | 20130010009
Her immediate commander notified her that she was initiating action to separate her from the Army for misconduct under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12a, based on her continued minor disciplinary infractions. a. Paragraph 1-33b (Disposition through Medical Channels) states that when the medical treatment facility (MTF) commander or attending medical officer determines that a Soldier being processed for...
ARMY | BCMR | CY2013 | 20130010013
The applicant provides: * a self-authored statement to a MOC * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Army Board for Correction of Military Records (ABCMR) Record of Proceedings Docket Number AR20110022601 CONSIDERATION OF EVIDENCE: 1. There is no indication that 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 states her office felt she was irresponsible...
ARMY | BCMR | CY2013 | 20130010014
The applicant requests correction of his records to show approval to transfer his educational benefits to his son under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. The applicant's retirement date was 31 August 2009; however, the evidence of record shows he was counseled on educational benefits in September 2008 and presumably departed on transition leave prior to the date the TEB online database was operational. As a result, the Board recommends that all...
ARMY | BCMR | CY2013 | 20130010018
The applicant requests, through his Member of Congress, correction of his reentry eligibility (RE) code from "RE-3" to a more favorable RE code so he may reenter the military. On 20 April 2009, the applicant's immediate commander notified the applicant of his intent to initiate separation action against him under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17, by reason of other designated physical and mental conditions. The...
ARMY | BCMR | CY2013 | 20130010019
He provided a letter issued by DFAS on 31 March 2010, which indicated they had received the DASAs directive and informed him that service members who retroactively become entitled to retired pay on a date after 20 September 1972 are automatically given full SBP coverage, unless the member elects to reduce the coverage or declines participation before the correction action (date of entitlement). The evidence of record shows the applicant was retroactively retired on 9 December 2009 with an...
ARMY | BCMR | CY2013 | 20130010026
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Kuwait as a member of the Joint Task Force - Kuwait for the period 4 August through 6 October 1992. The applicant was honorably discharged from active duty on 28 September 1995 after completing 8 years of active service. Therefore, he is entitled to have his DD Form 214 corrected to show his foreign service in Kuwait for the period 4 August through 6...
ARMY | BCMR | CY2013 | 20130010029
The applicant provides: * a letter from the Army Review Boards Agency (ARBA), dated 10 January 2011, which administratively closed ABCMR Docket Number AR20100028229 * a previously-submitted DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code (USC), Section 1552), dated 15 November 2010, identified as ABCMR Docket Number AR20100028229 * a self-authored statement, dated 15 November 2010, wherein he requests, in effect, reconsideration of the...
ARMY | BCMR | CY2013 | 20130010034
Item 10 (Date of Birth) of his DD Form 214 shows his date of birth as 28 January. It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. While it is understood that the applicant desires to have his DD Form 214 corrected to show the date of birth that he now claims is correct, the special orders contained in his military personnel file indicates...
ARMY | BCMR | CY2013 | 20130010036
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests an upgrade of his discharge under other than honorable conditions to a general discharge. The applicant states: * his substance abuse and prior honorable service in the Army National Guard (ARNG) were not taken into account * he wants his discharge upgraded so he can receive Department of Veterans Affairs (VA) benefits and better employment opportunities * he was young and immature 3.
ARMY | BCMR | CY2013 | 20130010038
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Meritorious Service Medal (MSM) with 3rd oak leaf cluster (4th award). Army Regulation 600-8-22 (Military Awards) states: a. In the absence of orders showing he was awarded two additional MSMs, the certificates he provided, which indicate he was awarded the MSM for meritorious service during the periods ending 7 July 1991 and 4 November 1991, are insufficient on which to...
ARMY | BCMR | CY2013 | 20130010040
His DD Form 47 (Record of Induction) and DA 20 (Enlisted Qualification Record) show his SSN as "XXX-X9-XXXX." His record contains various personnel documents that list his SSN as "XXX-X8-XXXX." Therefore, based on the evidence of record and the evidence provided by the applicant, it would be appropriate at this time to correct his DD Form 214 to show the SSN as it is listed on his Social Security Card.
ARMY | BCMR | CY2013 | 20130010045
The applicant requests, in effect, correction of item 12a (Date Entered Active Duty This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 29 April 1985, to reflect the entry date of 8 January 1976. Item 12b of his 1985 DD Form 214 has an entry date of 2 August 1979 and it should be 9 March 1976. The applicant provides: * 1976 DD Form 4 (Enlistment or Reenlistment Agreement Armed Forces of the United States) (3 pages) * 1978 DD Form 4 (1 page) *...
ARMY | BCMR | CY2013 | 20130010050
The applicant provides his DD Form 214 and a DA Form 31 (Request and Authority for Leave). d. Based on the available evidence, his DD Form 214 should be corrected to show his foreign service and deployment to Afghanistan from 12 July 2008 through 11 October 2008, a period of 3 months. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting the entry "0000 00 00 from item 12f of his DD Form 214 and adding the entry...
ARMY | BCMR | CY2013 | 20130010058
His DD Form 214 confirms he was discharged on 14 January 1992 by reason of entry level status performance and conduct in accordance with paragraph 11 of Army Regulation 635-200 with uncharacterized service. The applicant was in an entry level status at the time of his separation from active duty because he had served fewer than 180 days of active Federal service at the time of his notification for discharge. The determination that the applicant's service was "uncharacterized" was in...
ARMY | BCMR | CY2013 | 20130010060
On 13 December 2012, HRC published Orders B-12208339 promoting him to CPT with an effective date and DOR of 22 August 2012. b. Paragraph 4-21b(2) (Promotion of unit officers) states unit officers selected by a mandatory board will have a promotion date and effective date no earlier than the date the board is approved or the date of Senate confirmation (if required), provided they are assigned to a position in the higher grade. On 20 December 2012, an official of his higher-command G-1...
ARMY | BCMR | CY2013 | 20130010062
Application for correction of military records (with supporting documents provided, if any). The applicant's request for correction of his DD Form 214 to show all authorized awards was carefully considered and determined to have merit. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the NDSM to item 26 of his DD Form 214.
ARMY | BCMR | CY2013 | 20130010064
When he completed the task CPT JFP gave him another assignment and CPT AC said he did an incredible job. During this time, he and CPT JFP seemed at odds. Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.
ARMY | BCMR | CY2013 | 20130010069
The applicant states he was discharged under honorable conditions (general) under the provisions of Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 13. Chapter 13 in effect at the time provided that a member would be separated when it was determined that he or she was unqualified for further military service because of unsuitability. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the...
ARMY | BCMR | CY2013 | 20130010075
Application for correction of military records (with supporting documents provided, if any). There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. This record of misconduct clearly diminished the overall quality of his service below that meriting the issuance of an honorable or general discharge by the separation authority at the time of discharge, or an upgrade of his...
ARMY | BCMR | CY2013 | 20130010082
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his foreign service in Thailand from January through August 1962. The applicant's request for correction of his DD Form 214 to show his foreign service in Thailand and any and all awards he is authorized was carefully considered. Absent clarifying documentation that shows the exact dates his unit moved from Okinawa or, more specifically, the date he arrived in...
ARMY | BCMR | CY2013 | 20130010083
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 his social security number (SSN) as "XXX-XX-3443" instead of "XXX-XX-3442." The evidence of record shows his SSN was identified as "XXX-XX-3443" throughout his period of military service.
ARMY | BCMR | CY2013 | 20130010087
On 4 October 1978, before a summary court-martial at Fort Campbell, KY, he was convicted of a single specification of the Charge of disrespecting a superior NCO and a single specification of the Charge of assaulting a fellow Soldier, each act occurring on or about 15 August 1978. The DD Form 214 he was issued shows he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 14, by reason of misconduct desertion. The applicant's...
ARMY | BCMR | CY2013 | 20130010090
The applicant requests correction of his DD Form 214 (Report of Separation and Record of Service) to show his social security number (SSN) as "431-xx-xxxx" instead of "905-xx-xxxx." As a result, upon his discharge, his TIN was recorded in item 3 of his DD Form 214 as "905-xx-xxxx"; however, his SSN was not recorded on the DD Form 214. However, based on the evidence of record and the evidence he submitted, it would be appropriate to correct only the applicant's DD Form 214 to show his correct SSN.
ARMY | BCMR | CY2013 | 20130010105
If all of these conditions had been considered, his Army disability rating would have been well over 30 percent, thus qualifying him for a medical retirement after nearly 17 years of active service. The PEB found him medically unfit, rated his disabling condition at 10 percent, and recommended his separation by reason of physical disability with entitlement to severance pay. The evidence of record specifically his MEB and PEB Proceedings, show that all of his conditions were considered and...
ARMY | BCMR | CY2013 | 20130010117
IN THE CASE OF: BOARD DATE: 22 August 2013 DOCKET NUMBER: AR20130010117 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant provides no documentation. Records contained in iPERMS contain protected information and will only be made available to authorized and verified personnel, as required, in the performance of official business.
ARMY | BCMR | CY2013 | 20130010119
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Although an honorable or general discharge is authorized, at the time an undesirable discharge was normally considered appropriate. The applicant seeks an upgrade of his UD indicating his first period of honorable active duty service included his tour in the RVN and he references his post service success and good conduct.
ARMY | BCMR | CY2013 | 20130010122
Army Regulation 600-8-22 (Military Awards) states: a. This table does not show service in Korea and/or the Philippines during the period of the applicant's active duty service as qualifying service for award of the AFEM. Based on the foregoing, there is no basis to grant the requested relief.
ARMY | BCMR | CY2013 | 20130010124
On 26 October 2011, after a careful review of his application, military records, and all other available evidence, the Army Discharge Review Board determined he was properly and equitably discharged and denied his request for a discharge upgrade. The applicant's request for an upgrade of his under honorable conditions (general) discharge was carefully considered; however, there is insufficient evidence to support his request. _______ _ X ______ ___ CHAIRPERSON I certify that herein is...
ARMY | BCMR | CY2013 | 20130010128
The applicant provides: * Letter from DFAS, dated 4 April 2013 * DD Form 2656-2, dated 5 March 2013 * Letter from DFAS, dated 10 May 2013 * Notification of Eligibility for Retired Pay at Age 60 (20-year letter) * DD Form 1883 (SBP Election Form) CONSIDERATION OF EVIDENCE: 1. Public Law 106-398, dated 30 October 2000, requires that upon receipt of the 20-year letter, a qualified Reserve Component member who is married will automatically be enrolled in the RCSBP under option C (spouse and...
ARMY | BCMR | CY2013 | 20130010129
When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. The evidence of record shows the applicant was convicted by a special court-martial of wrongfully possessing and transferring marijuana and being AWOL and he was sentenced to a bad conduct discharge. ___________X______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...
ARMY | BCMR | CY2013 | 20130010131
In his request for discharge, he indicated he understood that if his request for discharge was accepted, he would normally be discharged under other than honorable conditions and be furnished an Undesirable Discharge Certificate. On 16 November 1972, the Army Discharge Review Board (ADRB) denied his request for an upgrade of his discharge. However, at the time the applicant was discharged an undesirable discharge was considered appropriate.
ARMY | BCMR | CY2013 | 20130010136
This regulation provides that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities and the reasons for the separation of members from active military service and the SPD codes to be used. The regulation shows that the SPD code of JGA as shown on the applicant's DD Form 214 is appropriate for...